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4th Amendment Prohibition on "Unreasonable
Searches"
1st Question: Is it a search?2nd Question: Is it reasonable? TERM 2
Categories for Permissable Warrantless
Searches
DEFINITION 2
- Stop & Frisk2) Exigent Circumstances3) Search incident to lawful arrest4) "Special Needs"5) Consent6) Vehicles TERM 3
Furtive Movements
DEFINITION 3 person is: fidgety changing directions walking a certain way grabbing at pocket etc TERM 4
Exigent Circumstances
DEFINITION 4 compeling need for immediate decision to search TERM 5
Special Needs
DEFINITION 5 regular, routinely arising situation in which everyone in context will be subject to search search is limited by scope of jurisdiction
Plain View Doctrine
allows officer to seize evidence in plain view without a warrant officer must be lawfully present officer has to have lawful right of access incriminating object must be "immediately apparent" Coolidge v. New Hampshire (1971) TERM 7
Open-Fields Doctrine
DEFINITION 7 warrant less search of an area outside owners area of land attached to the house does NOT violate 4th Amendment must exclude home and adjoining land (yard) TERM 8
Plain Feel Doctrine
DEFINITION 8 permits seizure of weapon if touched during a pat down search terry search TERM 9
Common Reasons for Wrongful Convictions
DEFINITION 9 misidentification by witness or victim deficient representation by defense attorney false testimony by guilty individuals seeking deals vulnerable people giving into pressure during police questioning misconduct by police or prosecutors mistakes by juries TERM 10
Reasons Errors are more Likely in Death
Penalty & Serious Cases
DEFINITION 10 pressure felt by police and prosecutor to convict someone of the crime ASAP sustained attention/questioning of early-identified suspects "let the jury decide" even when evidence is not compelling greater willingness to rely on informants
