6th amendment, undercover informant, electronic surveillance
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| show | Limit on discretion from Bertine and Wells. One must search all containers or none on an inventory basis. (If there is PC, use Acevedo.)
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| show | Jewell - factors to judge obj GF of officers, focusing on whether officers asked about valuables, called tow truck before, etc.; Escoto disregarded Jewell dicta about scope of search, w/enough GF, any container may be searched, including pill bottles
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| MD v. Garrison | show 🗑
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| show | A to consent; husband arrested in yard; wife gives A to search; find diaper bag full of money from bank robbery; wife's consent "legally sufficient"; when share home assume risk that person you're living with might consent to search w/o you
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| show | upon reasonable suspicion, required to show ID; Father and daughter domestic violence case; Police follow up; Truck parked on side of road -- red & silver GMC; Man on road, woman inside -- confirms informant's report = RS
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| IL v. Wardlow | show 🗑
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| show | like Fl v. Royer, but goes opposite way; 1989 vs. 1983, PC getting easier to find; RS: "drug carrier profile": Honolulu to Miami, Short stay (similar to Gates), Paid cash, Black jumpsuit, gold jewelry, Appeared nervous, Traveling under alias
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| show | overuled Chadwick (about to place trunk in taxi, powder spilling out, bad search w/o warrant); here, seize Acevedo after he's dropped brown bag of pot in suitcase - found PC; Scalia's concurrence includes the no privacy in public for effects step further
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| show | CHECKPT stop to find car from hit&run accident; Info-seeking, handing out pamphlets abt accident; Perfectly legit stop; Lidster appears drunk, swerving into the line; similar to Derrick Todd Lee stop in BR, all white trucks on Burbank stopped, cheek swab
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| Vale v. LA | show 🗑
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| show | Woman asks cops to assist her while moving out; Tells cops dope under couch, perhaps vengefully; One cop goes to get warrant, the other cop detains husband while waiting for warrant and before searching house; Detaining while waiting for warrant - OK
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| Segura v. US (warrantless, emergency doctrine) | show 🗑
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| show | Can search the morning after fire, because can't see anything at night; 3 weeks later, too late vs. Waiting for daylight, reasonable
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| IL v. Caballes | show 🗑
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| Ybarra v. IL, SIA | show 🗑
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| show | Cops reasonable reliance on Gail; Gail, daughter of apt owner, who is beaten up by Rodriguez, apt was until recently shared by Gail - Gail no A; valid perspective: cop & not person giving consent; Gen rule: not that cop correct, but reasonable
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| show | After arrest, Edwards governs the right to counsel
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| show | The court in Kirby v. Illinois said it attaches “at or after the time that judicial proceedings have begun.” ... Does that mean indictment, preliminary hearing, arraignment, initial appearance, or filing of an accusation? At which stage?
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| show | Michigan v. Jackson then said arraignment but did not define arraignment; Generally, when bail is set and formal charges are brought; It sets definitely by indictment; Or maybe first time brought in front of magistrate
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| When does the Sixth Amendment attach rather than the Fifth? Montejo ... | show 🗑
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| When does the Sixth Amendment attach rather than the Fifth? Carter ... | show 🗑
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| show | Amendment protects right to an attorney and “assistance of counsel” for defendant’s defense.
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| show | For interrogation, same as 5th Amendment Miranda waiver; For line-ups and trial, have right to attorney (Wade) and must clearly and unequivocally waive right to attorney
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| When does arrestee need to be Mirandized again? time passes ... | show 🗑
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| When does arrestee need to be Mirandized again? offense-specific? | show 🗑
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| 6A ... Miranda, voluntariness, valid waiver | show 🗑
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| show | Counsel needed for line-ups. Facing accuser necessitates a lawyer. No need to invoke. (Kirby)
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| show | (Ash) cops showing photographs to witnesses is fine. No opportunity to cross-examine, so why would a lawyer be needed?
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| show | Key to attorney presence is to avoid highly suggestive procedure and irreparable misidentification
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| undercover informant | show 🗑
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| undercover informant ... fellow prisoner | show 🗑
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| show | Look to Katz as to whether there is subjective and objective expectation of privacy.
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| show | Omnibus Control and Safe Streets Act of 1968 -- Louisiana adopted similar statute, but Article V includes communications. State v. Reeves concluded that Louisiana has same rights with respect to electronic communications.
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| electronic surveillance ... for the warrant, the affiant must include | show 🗑
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| show | Failure to minimize scope with last warrant requirement is not a core element. No Exclusion. (Scott)
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| show | Distinguish between party of conversation and not party of conversation
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| show | Terrorist attack; Organized Crime/Conspiracy; Immediate threat of life or serious injury -- BUT In these cases, you must still submit an inventory of surveillance.
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| Massiah | show 🗑
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| US v. Henry | show 🗑
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