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Criminal Procedure 2
Criminal Procedure test 2 Chapter 8
| Question | Answer |
|---|---|
| 3 methods of vehicle stops | can be stopped if reasonable suspicion of involement in criminal act stop if believe person has commited a traffic offense road blocks, no level of proof to stop,constitutional |
| Roadblocks | to control drunk driving control the flow of illegal aliens check for driver's lecense/vehicle regisration obtain specific info from motorists general law enforcement purpose (unconstiutional) |
| Indianapolis v. Edmond (2000) | Supreme court struk down the practice of road blocks set up to catch drug trafficers primary purpose was indistinquishable form general crime control |
| Illinois v. Lidster (2004) | Roadblocks b/c of Hit-and-Run Accident set up checkpoint to abtain info from motorist about hit-and-run accident does not violate 4th admendment |
| Pretext Traffic Stops | a stop used as a pretext to seach the vehicle in this cas to determine whether they had drugs not 'would have' made the stop but 'could have' made the stop |
| Whren v. US (1996) | traffic stop as a pretexxt for a search can be vaild traffic stop valid for violation of a trffic law even if officer would have not stopped the motorist unless for some other law enforcment ovjective |
| What Officers Can Do During Stops | order driver/passenger out of car frisk if R/S, is dangerous or armed search vehicle if consent is granted conduct a search incident to arrest seize items in plain view search vehicle if P/C develops |
| Motor Vehicle Exception Robbins v. California (1981) | mobility of motor vehicle often makes obatining a judicial warrant impractial a diminshed expectation of privacy surrounds the car a car used for transport not as residence, or storage car's riders and contents travel in plain view |
| US v. Carroll (1925) | Carrol Doctrine do not need a warrant to search vechile but do need P/C and car must be capable of driving away car contained bootleg liquor if they would of taken time to obtian warrant car could of left scene |
| US v. Ross (1982) | warrantless search of trunks/closed packages P/O have p/c to believe that is contains contraband may conduct a warrantless search of car ( had p/c for car but not for container) |
| Wyoming v. Houghton (1999) | search passengers belonging: P/O who has p/c to search a car my inspect passengers' belongings found in car if they are capable of concealing the object of the search |
| Maryland v. Pringle (2003) | arrest of vehicle passengers: if there is p/c to believe that a crime has been committed in a motor vehicle and it is not clear who committed it, may arrest all in car |
| California v. Acevedo (1991) | P/O may search container located in car w/o a search warrant even though thy lack p/c to seach the car as a whole, have p/c to believe only the container contains contraband/evidence ( had p/c for container but not car) |
| US v. Chadwick (1977) | P/O could seize movable luggage/closed container from a car but could not open it w/o a warrant |
| Vehicle Inventories | to secure arrestee's property loss or damage to protect the police from false claims to protect officer from danger |
| Colorado v. Bertine (1977) | warrantless inventory searches of the person and possesions of arrested individuals are permissible under 4th admendment |
| Knowles v. Iowa (1998) | automatic searches during traffic citaions: state law authorizes a search during the issuance of a traffic citation violates 4th admendment unless there is consent or P/C |
| Arizona v. Gant (2009) | there must be a continuing threat of safety to officer, or tampering or dispose of evidence in order to justify a warrantless serach after they have been arrested and secured |
| Thornton v. US (2004) | Passenger compartments searches when the arrested suspect was not in the vehicle: pulled over b/c tags did not match car, P/O had the right to search vehicle after arrest made oustide of car, drugs were found on person, hanggun was found in car |
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