Week 6 Notes
Week 6 Notes CJ 461
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Popular in Criminal Justice
This 5 page Class Notes was uploaded by Alyssa Hendrixson on Thursday September 24, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 42 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/24/15
Warrantless Searches Criminal Investigations Continued 0 Consent searches 0 No legal basis needed 0 The Schneckloth Test Voluntariness No duress or coercion express or implied Totality of the Circumstance Similar to the probable Cause determination Prosecution bears the burden No one single factor is determinative Voluntariness Factors 0 Coercive police procedures Police to suspect ratio Psychological pressure Threats to obtain a warrant False claims of a warrant 0 Number of requests made 0 Custody at time of consent 0 Aware of right to refuse Not that big of factor 0 Written consent 0 Miranda warnings Goes both ways 0 Location of contraband o Unequivocal and Specific A nod or gesture may not be enough 0 Mental disability 0 Experience with the criminal justice system Lawyers and felons are screwed o Are knock and talk searches permissible Scope of consent search 0 Judged by an objectively reasonable standard What would a reasonable person believe they were consenting to Can you limit where police are allowed to go in your house 0 Yes 0 What happens if the search if beyond the scope o Consent can be withdrawn any time before or during Must be clear unambiguous and unequivocal The search must cease Third Party Consent 0 An individual may validly consent who possesses common authority over the premises to be searched Actual authority or reasonable reliance Some states do not like the reasonable reliance doctrine o What is common authority A shared apartment by roommates Yes but not anything that belongs to you room dresser etc Husband and wife 0 Yes Parent and child o If you are under the age of 18 you cannot consent to a search of your parents home 0 Parents have common authority of everything if child is under age of 18 Motel clerk No Landlord No Employer 0 Yes unless there is an extra step of privacy ie locked desk Valets Yes PC Search of Cars 0 No warrant needed to search vehicles Must still have probable cayuse 0 Have an expectation of privacy in vehicle The expectation is significantly reduced 0 Regulation 0 Logistics No reasonable to get warrant its mobile How about a motor home 0 California v Carney 0 Does it matter Consent Search Incident to arrest Containers in cars 0 Probable cause is limited to the container May only search the container not the car The backpack example Is this realistic o Probable cause to search vehicle May search containers in the car that could hide the contraband lf container is outside vehicle may not search 0 Absent individualized pc Inventory Searches 0 Police do not need a warrant when seizing a vehicle to search it if The search does not designed to further a criminal investigation The search occurs as soon as reasonable This is a standardized and responsible procedure in place 0 Uniform application 0 Applies to bags containers etc o Inevitable Discovery Rule Fixes SlA Terry Stops and Reasonable Suspicion Search and seizure of the person 0 A 4th amendment seizure occurs when an officer detains a person and restricts his or her freedom of movement 0 The greater the intrusion the higher the standard of justification required Terry stop 0 Brief investigative stop Reasonable suspicion Protective frisk for weapons only Arrest Being taken into custody Probable cause 0 Search incident to arrest Encounter Completely voluntary free to leave 0 The test for a seizure o A seizure is based on the totality of the circumstances Similar to probable cause or consent determinations 0 Two forms of seizures Physical Physically hold or restrain a person from leaving Show of authority 0 A demonstration of authority ie halt a weapon etc that would lead a reasonable person to believe they are not free toleave 0 Factory Sweep case Two police officers stood outside factory and asked for workers paperwork Kept illegal immigrants away No seizure occurred freedom of movement was not restricted 0 Bus Sweep case Two police officers stopped a bus Asked man to go through his bag One officer had a weapon but it was holstered No seizure occurred 0 Vehicle surveillance Guy sees undercover cop car No seizure occurred 0 California v Hodari 1999 Car full of kids fled from police and ended in a police chase Throw out a rock of crack cocaine During the chase there was no seizure Terry stopsstop and Frisk o In some circumstances may be appropriate to seize someone absent probable cause to investigate Balances individual freedom vs need for swift action 0 Requires Reasonable Suspicion Based on the facts known would a reasonable man believe that the action taken was appropriate 0 Must be articulable suspicion not just a hunch objective 0 Must be a particularized suspicion Judged under the totality of circumstances 0 Probabilities not certainties Reasonable suspicion o What constitutes reasonable suspicion Criminal activity Time Loca on Criminal record Evasion Noncooperation remember encounters Demeanor ie nervousness Experience with the area individualizes and crimes lnformants Consider the same factors as before Profiling Racial profiling is okay in some circumstances 0 As long as it is one factor of many 0 Terry v Ohio 1968 Reasonable suspicion Must have reasonable suspicion to pat down if they might have a weapon 0 Illinois v Wardlow 2000 Suspect flees from cops in high crime area with a backpack Officers did have reasonable suspicion because he ran 0 United States v Weaver 1992 Suspect arrives at airport from Loa Angeles and rapidly walks to a cab Police ask for plane ticket claims he left it on the plane Rejected a search Police say they will obtain a warrant continue to ask for consent to search Suspect still did not give consent
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