Criminal Justice Case Law Review

Arizona vs. Evans

Seizures made in "good faith" based on computer information at the time of the arrest are valid even if the computer information is later found to be an error

U.S. vs. Mendenall

A person has been siezed within the meaning of the admendment only if "in view of all circumstances surrounding the incident a person would think he couldnt leave

Chimel vs. California

Search incident to an arrest
- Searches incident to an arrest are limited to the person arrested and whats in the immediate reach of the person

Silverthorne lumber company vs. U.S.

Fruit of poisonous tree doctrine" (evidence taken from illegally siezed evidence cannot be used in court

Weeks vs. U.S.

Warrentless seizure of items from a private residence cannot be used in a criminal conviction

U.S. vs. Leon

Exclusionary rule/good faith exception
-allowed evidence that officers seized in " reasonable good faith" to be used in court

Mapp vs. Ohio

Applied the exclusionary rule at the state level

Georgia vs. Randolph

Officers may not conduct a search of a home if a resident says they may and a different resident says they may not

Harris vs. U.S.

Plain view doctrine
-objects that fall into the plain view of an officer who has a right to be in the position to have that view are subjet to siezure and may be used in court or arrest

U.S. vs. Irizarry

Law enforcement officers cannot move objects to gain a view of objects otherwise hidden from view

Terry vs. Ohio

Emergency searches of persons, property, and emergency entry
-established officers may stop and frisk for weapons based on reasonable suspission

Smith vs. Ohio

Individuals have the right to protect their personal belongings from unwarrented police inspection

U.S. vs. Sokolow

A person may be held for a brief detention for investigation purposes are evaluated according to the totality of the circumstances

California vs. Hodari

Suspects who run from police and throw away evidence, that evidence can be used for an arrest based on the evidence and its incriminating nature

Wilson vs. Arkansas

Officers must generally knock and announce their entry before entering the building even if they have a search warrent

Richard vs. Winsconsin

A no knock entry is justified if officers have a reasonable suspision that it would be dangerous or inhibit gaining evidence

Moran vs. Burbine

Suspects may legally waive their miranda rights through a voluntarally/knowingly educated decision

Doyal vs. Ohio

Suspects post miranda silence cannot be used against him/her in trial

Nix vs. Williams

Inevitable discovery rule
-evidence even if gathered inappropriatly can be used if it would have inevitably been discovered in the normal course of events

New York vs. Quarels

Public saftey rule
-Considerations of public safety override the need for rights advisement before limited questioning that focuses on the need to prevent future harm

Rock vs. Zimmerman

Excited utterance of voluntary statements are admmisable(can be used) in court

Hayes vs. Florida

Right to refuse finger printing

Winston vs. Lee

Law enforcement cannot make you get surgery unless its a life threatening circumstance

Scherbur vs. California

Warrents must be obtained for body intrustions

U.S. vs. Montoya De Hernandez

Warrants are required for suspect body cavity searches

Olmstead vs. U.S.

Conversations overheard through a wire tap without a warrant cannot be used in court

Lee vs. U.S. / Lopez vs. U.S.

Evidence obtained by recording devices on the body of an undercover agent or informant can be used in court

Berger vs. New York

Wiretaps and bugs authorized under state law require a warrant

Katz vs. U.S.

Electronically listening to and recording conversations at a public phone booth without a warrant violates the right to privacy

U.S. vs. Scott

Requires that officers must make every reasonable effort to mentor conversations specifically related to the criminal activity investigation

Lee vs. Florida

Applied the federal communication act to state cases (evidence of phone conversations obtained by wiretap without a warrant cannot be used in court

Brighams city vs. Stuart

As an officer if you believe someone is injured you can enter a building without a warrant

U.S. vs. Grubbs

Allows officers to get an anticipatory search warrant meaning you have enough information to believe evidence of a crime will be present on that specific date

Emergency searches of a person without a warrant

Probable cause at the time of the search to believe there is/was evidence concealed on the person, believe an emergency threat of destruction of evidence of search, officer no prior opportunity to obtain a warrant, the action was no greater necessary to e

Carrol vs. U.S.

Warrentless searches of vehicles
- Warrentless searches of a vehicle is authorized based on reasonable suspision if an immediate risk exist

Preston vs. U.S.

Searches of impounded vehicles require a warrant unless the search is undertaken for inventorring or safe keeping of possessions

U.S. vs. Ross

If probable cause justifies the serch of a lawfully stopped vehicle it justifies the searching of every part of that vehicle and everything in it

Illinois vs. Caballes

Drug sniffing dogs used during routine and lawful traffic stop can be used during the stop and what the dog finds can be used for arrest/ in court

Michigan State vs. Sitz

Highway sobriety check points are able to be used in court

Indiannopolis vs. Edlun

Narcotic checks on the highway cannot be used in court

National treasure emploee union vs. Van Robb / Skinner vs. Railway labor executives

The need to ensure public saftey provides a compelling intrest that overrides individual rights to privacy permitting suspisionless searches

Kyllo vs. U.S.

High techonology services
- The use of a device that is not in general public use to explore the details of a private home in which those details would otherwise be unknown without physical intrustion is a 4th admendment search and must have a warrant

Agular vs. Texas

1) The source of the informants information must be clear
2) Law enforcement officer has reasonable believe that information is true

U.S. DOJ vs. Landon

The identity of an informant can be kept secret but only if the informant has been told explicitly by officers it will be

Interrogation

Is only behavior by the police that the police should know is likely to illicet incriminating responses from the suspect

Brown vs. Mississippi

Physical abuse cannot be used to illicit a confession

Ashcraft vs. Tennesse

Tactics used by law enforcement officers that fall short of physical abuse but none the less pressure subjects into devulging information is allowed

Leyra vs. Donno

Use of professional skills and psychological manipulation to gain confessions are banned from the U.S.

Miranda vs. Arizona

Miranda requires law enforcement officers to advised suspects of their rights to council and rights against self-incrimination