Mapp v. Ohio / Terry Ohio (4th Amendment Search / Seizure) KNOW YOUR RIGHTS!

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Dollree Mapp

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Terms in this set (32)

Dollree Mapp

refused to let the police in without a search warrant

Fourth Amendment

Protects against unreasonable search and seizure

Illegal search

Search done without a warrant

Weeks v. United States

Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.

exculsionary rule

evidence or statements obtained in violation of the Constitution are inadmissible at trial

appeal

apply to a higher court for a reversal of the decision of a lower court.

search warrant

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

convict

to find guilty

illegal evidence

evidence gained through illegal search and seizure

suspect

Person thought to be capable of committing a crime.

qualified immunity defensean officer is not civilly liable unless he or she violated a clearly established statutory or constitutional right of which a reasonable person would have knownIllinois v. Krull (1987)Exclusionary Rule Exceptions: warrantless search applies to junkyards and parts sellers and good faith applies.Davis v. USThe Supreme Court held that "when the police conduct a search and objectively reasonable reliance on blinding appellate precedent, the exclusionary rule does not apply."Arizona v. EvansAccused was pulled over because of an error in the computer system, which said that he had an outstanding warrant. When the police searched his vehicle, they found pot. SC upheld that this was valid and not part of the exclusionary rule.illegally seized evidenceEvidence seized without regard to the principles of due process as described by the Bill of Rights. Most illegally seized evidence is the result of police searches conducted without a proper warrant or of improperly conducted interrogations.Search & Seizure Clause 4th AmendmentThis is a protection against unreasonable search and seizure. The authorities do not have a general power to search and arrest individuals at any time, at any place, and in any manner; rather, they can only do so according to specified procedures that must be "reasonable."Mapp v. Ohio (1961)Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.Terry v. Ohio (1968)Supreme Court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.Florida v. Bostickthe test of what constitutes seizure is whether the suspect is free to decline an officer's request for a search and terminate the encounter. A person's refusal to cooperate is not sufficient for reasonable suspicion.Illinois v. Wardlow (2000)Presence in a high-crime area, combined with unprovoked flight upon observing police officers, gives officers sufficient grounds to investigate to further determine if criminal activity is about to take place. A person's flight in a high crime area after seeing police was sufficient for reasonable suspicion to stop and frisk.Michigan v. LongThe court held that if the police have lawfully stopped a motor vehicle then police are permitted to conduct a limited search of the passenger compartment and any containers located therein for weapons if they reasonably believe the suspects may be armedPlain View Doctrineofficers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to beconsent search8A type of police search that relies on the knowing and voluntary waiver of the Fourth Amendment rights of the person being searched.Terry Stopdetaining, questioning and possible frisking of an individual based on an officer's reasonable suspicion of that individual's involvement in criminal activity. This is extabished Stop and Frisk (This is what we have today) You may be searched on reasobale suspicion. The Pat Down must begin on the outer garments of the clothes. A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk.Officer Mcfadden and TerryMartin McFadden retired from the Cleveland Police Department in 1970 after carrying a badge and gun for 45 years. His legacy lives on. Stop and frisk continues to serve as a tool for police officers to prevent crimes, as well as save countless police and civilian lives. The case arose following the actions of Martin McFadden, a Cleveland police detective, in conducting a search to prevent a possible armed robbery. On the afternoon of October 31, 1963, McFadden conducted a pat-down search on three men who, he believed, were preparing to rob a store. The officer found a gun on Terry.Blanket WarrantAllows police officers to gather evidence from the entire homeEXAMPLE of a Terry Stop.What is an example of a Terry stop? Smell: When a law enforcement officer detects odors that may indicate criminal activity, a Terry stop may be justified. Field Example: An officer talking to a person who requested directions and is lost- and then smells what he or she thinks is marijuana emanating from the inside of the vehicle.Elements of a Terry StopThe United States Supreme Court held that where: (1) a Police Officer observes unusual conduct by a Subject; (2) The Subject's conduct leads the Officer reasonably to conclude that criminal activity may be afoot, and that the Subject may be armed and presently dangerous; (3) the Officer identifies himself as a policeman; (4) the Officer makes reasonable inquiries; and (5) Nothing in the initial stages of the encounter serves to dispel the Officer's reasonable fear for safety, the Officer may conduct a carefully limited search of the outer clothing of the Subject in an attempt to discover weapons, and that such a search is a reasonable search under the Fourteenth Amendment, so that any weapons seized may properly be introduced in evidenceDuration of a Terry StopDuration of the Stop: A suspect may be detained in connection with a Terry stop for as long a period as is "reasonable" to conduct a diligent field investigation. If a suspect is detained too long without obtaining probable cause to arrest, a possible civil judgment for unlawful detention is possible. This issue will be decided on a case-by-case review. A common "field rule" used by many law enforcement agencies across the nation is the "20 minute rule.However, officers must understand that, depending on the facts and circumstances of each case, twenty minutes may be found to be excessive, while twelve hours may be deemed reasonable.9 One factor impactingSGT. CARL I. DELAUHead of the Cleveland Police's Bureau of Special Investigation, which had been charged with investigating "vice crimes" in Cleveland, including gambling. He is the officer who pretended he had a seacrh warrant to search Dolly Mapp's HomeWeeks vs. United States- Exclusionary Rule -Evidence obtained illegally may not be used against a defendant in trial -- could not be used against a person in federal courtgood faith exceptionAn exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.