Professional Documents
Culture Documents
Prob Cause: Factors (indv to specific persons/places - Pringle): (1) Informant (1) phys restr by PO, OR (2)
Must have PC
(a. basis of know, b. reliab of infrm, c. self-verifying?, d. inform corroborated), show of author & submission
(2) exp of PO, (3) Ds prior crim record, (4) info from W or Vic, (5) furtive
gestures or flight?, (6) nature of area, (7) common enterprise?
Rsb Art. Suspc armed/dang or contraband PC develops that crim ab to be comm or did
Sound of voice handwriting Records held at bank Emanating Odors (dog search if public & srch 4 contra)
Held out to
public everyday Dunn Factors: (1) prox to house, (2) enclosed?, (3) nature/use of area, (4) steps to protect area
Garbage (not in “Open Fields” &
Paint on car
curtilage) “Pub. Airspace”: New Tech: (1) whth in gen use, (2) revealing inside not knwn othwis (arg gen use & know)
3) Reviewed/app 4) Signed under 5) PC not stale/ Serve in day, timely, knock/annc (avoid prop
Executing W
by neutral mag Oath old/out-dated damag, avoid violence, prevent unnec invasion)
all
If arrest is unlawful Just b/c car, AE except not Consent must be: Terry Stop Ev Evid Hot Purs
PO must be legit
then search is unlawful guar. – intent b/c cars move present when both
he/she does BREIF deten for purp of Evan Evid:
viewing of item Voluntary If PO are not
Automobile Exception invest suspic conduct evid that w/in 15 min
Arrest & search must seized & might disap
(when car has evidence): and of fleeing
be contemp in time & Immediately if PO gets
place apparent felon then
Intelligent Standard = warrant not w/in hot
Must have PC to support S reasonable (scrape purs
suspicion fingernails)
Geographic Scope
Whether lawfully Saying have warrant,
Limitation Can search ALL car (spaces & seeing (i.e. enter negates consent – but no Standard = If ok,
trunk) – less exp of privacy Terry Frisk
house lawfully) req on PO to explain reasonable anything
(Carney) suspicion for
“Wingspan” - person & entered from
PO safety home will be
areas reached for Patdown check
Inventory srch: prtct (looks like admiss
weapon or destroy Package or container TP consent 2 own, both for weap/contra
prop, prtct claims of weapon or
evidence that RSB cld contain – 2 own, pres & 1 does contra)
fraud/theft, PO safety either can not consent
item looking for if
owned by pass or consent. then not
Must follow pre-estb PO Matlock Factors for TP Consent:
If taken out of car & driver
procedures. (1) mutual use, (2) joint access/control, (3) rsbl
arsted NO… UNLESS
can reach car for recognition, (4) assumed risk
If consent, may limit scope Police must act reasonably to determine.
weapon or dest evid PC can dev after stop
(Jimeno)
Grand Not in To Qual: Must Not in parole For impeachment
Exclusionary Rule Limitations Juries Civil Violate C or Fd Stat. hearings purposes
Fruit of Poisonous Tree Not for violations No common enterprise of residence when W
of “knock & Other guests: is good on location w/ others (Ybarra)
announce” rule
Purpose: exclude evidence obt by PO by May reasonably detain non-ID’ed ind. in
exploiting unlawfully obtained evidence house when W names D’s
PO “Rslb Sus”
dangerous Inhib inves. – evid. destr. futile
knock wld:
Independent Inevitable Intervening Acts of
Source Discovery free will on part of D
Honest mistake in
executing W may be
permissive
Wiretapping & PC required for Howev, unreliable ear is This includes back of
Eavesdropping all assumed for all people police car
Confessions &
Miranda Right to remain silent Words may be used against Rght to att’y Rght to att’y Atty appt
Miranda
Custodial
In custody if at time of interg Objective In cell, but also maybe Prob intv & car stop
interrog. (1) Custody
did not feel free to leave stand in home or hospital not custodial
th
14 – (state actor)
Fundamental
Fairness – Any conduct where PO knew or shld More than just asking Spontaneous statement
“Shocks the
(2) Interrogation
know might illicit incrim respon from D questions by D is admiss
Conscience” but
except except
Felony or Felony w/ PC (no If arrest outside & PO believe evidence
Misdemeanor need to show exig) Hot Pursuit Exigent Circumstance is inside, may detail D until PO can
obtain lawful W to search house
Must be for major crime & Prevent:
Even for very minor crime must be a continuous (1) destroy evid
when in presence of PO pursuit from scene of (2) D escape
crime (3) danger
Schools
Evaluate (1) level of intrusiveness of
(a) rsbl grounds to think there’s a violation “checkpoint” or mandatory stop, (2) extent
of school policy, of the state’s interest, (3) effectiveness of
the method, (4) notice prior to stop or
intrusion.
and