LAW 456 Lecture Notes - Lecture 3: Plain View Doctrine, Fourth Amendment To The United States Constitution, Flashlight
Reasonable suspicion can be based on _______ and __________
personal (direct) knowledge, credible hearsay.
Katz vs. U.S.
The Fourth Amendment protects people, not places.
Presumption of regularity
government actions are presumed lawful unless clear evidence to the contrary exists.
T/F - State constitutions can provide additional rights than the U.S. Constitution, but no less.
True
California v Greenwood
no reasonable expectation of privacy in bagged garbage on curb for pick up.
Is plain view a a 4th amendment search?
NO
T/F - If an officer sees contraband shining a flashlight into a car from the public street, he has not
conducted a search as it is in plain view.
True
California v. Ciraolo
1000 feet view of the suspect's yard from an over passing plane is plain view as there was no enhanced
view of the officer's naked eye that turned it into a 4th Amendment search.
T/F - The plain view doctrine allows the use of ordinarily available technological enhancements such as a
flashlight or magnifying equipment.
True
Maryland v. Wilson
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Where driver of a vehicle lawfully stopped, driver and passengers may be ordered out of the vehicle as a
matter of course.
T/F - More people are subject to stop and frisk procedures that to arrests.
True
Custodial arrest
taking into holding for hours to days by government
Full custodial arrest
the most invasive type of arrest
California v. Hodari
involving a young man who threw away a rock of crack cocaine just before an officer physically
apprehended him, a seizure occurs when an officer physically apprehended the person.
T/F - seizure occurs when an officer physically apprehended the person.
True
Sampson v. California
the court held that conducting a suspicion-less search of a parolee is not prohibited by the 4th
Amendment due to the recognition of this population's incentive-to-conceal to avoid punishment for
parole violations, the recognizable need to protect the public from a convicted criminal, and that
criminal's greater likelihood of recidivism.
Special need searches such as a search incident to arrest resulting in new criminal evidence may result in
________
prosecution a conviction
_________ & _________ of an informant is required for the courts to accept information for probable
cause for an arrest. If that cannot be established, it will be __________
Reliability and credibility.... Refused
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Document Summary
Reasonable suspicion can be based on _______ and __________ personal (direct) knowledge, credible hearsay. Presumption of regularity government actions are presumed lawful unless clear evidence to the contrary exists. T/f - state constitutions can provide additional rights than the u. s. constitution, but no less. California v greenwood no reasonable expectation of privacy in bagged garbage on curb for pick up. T/f - if an officer sees contraband shining a flashlight into a car from the public street, he has not conducted a search as it is in plain view. 1000 feet view of the suspect"s yard from an over passing plane is plain view as there was no enhanced view of the officer"s naked eye that turned it into a 4th amendment search. T/f - the plain view doctrine allows the use of ordinarily available technological enhancements such as a flashlight or magnifying equipment.
