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Criminal Procedure 2

Criminal Procedure test 2 Chapter 8

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
Created by: 768997619
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