Fourth Amendment Cases in Education and Property Searches, Quizzes of Criminal Justice

Download Fourth Amendment Cases in Education and Property Searches and more Quizzes Criminal Justice in PDF only on Docsity! TERM 1 New Jersey v. T.L.O DEFINITION 1 Teacher caught 2 girls smoking in the bathroom at school. Principal went through T.L.O.'s purse and found cigarettes, weed, and a list of who owes her money. New Jersey Supreme Court said Principal only had reasonable suspicion to search her purse, not probable cause. United States Supreme Court says according to "loco parentie" (acting in the place of parents), in a public school, full searches are constitutional because in that situation teachers are state actors. 4th Amendment EXCEPTION, the only case which allows a full search without Probable Cause because kids have less rights than adults. TERM 2 Camera v. Municipal Court DEFINITION 2 Camera was living in the backroom of hisapartment business and denied a building code inspector access to search.The inspector came back and Camera said they needed a warrant to search his home. Administrative searches without a warrant when the owner denies a search are unconstitutional. If the owner says they need a warrant than the inspector must go get a warrant. Code inspectors are state actors. TERM 3 New York v. Burger DEFINITION 3 Burger owned a junkyard. This is a highly regulated business and New York Police Officers regularly check on these business 5-10 times a day as part of their Vehicle and Traffic Law Enforcement. They asked for Burger'slicenceand he didn't have it, but he said they could search. They found stolen parts from inspecting VIN numbers. No warrant for search. US Supreme Court says this is ok as long as the search is initially administrative and not criminal because of the type of businesses Junkyards and Smoke shops are. TERM 4 Katz v. United States DEFINITION 4 Katz was involved inillegalgambling and went into a phone booth to make a call. The FBI bugged the booth to try and catch him. They convicted him on what he said. Katz appealed saying he had a reasonable expectation on privacy in a phone booth. Supreme Court said the 4th Amendment protects people not places and the FBI did not have a warrant to listen to his conversation. You are protected in a phone booth or car...not at Starbucks or any crowded areas where people are listening. TERM 5 Kyllo v. United States DEFINITION 5 Kyllo was growing weed in his triplex with lots of heat lamps. The FBI decided to scan his house with the Agema 210 (a heat detector) and found that there was a lot of heat coming from the house. They used that to get a search warrant and found a grow house. Kyllo tried to suppress the evidence saying they violated his right to privacy with the heat detector. Supreme Court said all details of the home are intimate details and that the government cannot use technology that is not in general use to determine reasonable suspicion or probable cause. TERM 6 United States v. White DEFINITION 6 White sold narcotics. White had 4 conversations with an undercover cop Jackson, who had another officer hidden in a closet, and also had a radiosurveillance device on his person. White is not protected by the 4th Amendment because once any person has heard a testimony, 4th Amendment rights are eliminated. No warrant was needed because the informant let the police into his home where White was. TERM 7 Sitz v. Michigan State Police DEFINITION 7 Police set up DUI checkpoints during a holiday weekend, generalizing suspicion. They briefly stop 126 cars and arrest 2 drivers for intoxication in just over an hour. "The carnage of DUI on the road is greater than the citizen's right to unreasonable search and seizure in this case." DUI stops are allowed. There is slight intrusion on drivers and preventing death is more important than notstartling the sober drivers with a slightintrusion.. TERM 8 City of Indianapolis v. Edmond DEFINITION 8 Drug checkpoints violate the 4th Amendment because drugs are not related to the road. DUI stops are alright because they do relate to the road. Cannot use drug sniffing dogs for random traffic stops. TERM 9 Schmerber v. California DEFINITION 9 Schmerber had his blood taken by a physician without his consent. Your blood alcohol level is not self incriminating because it is tangible evidence., not a statement. It is reasonable for a doctor to take his blood because of exigent circumstances, if a search warrant needed to be obtained the blood alcohol level would have gone down already. TERM 10 FL. Statute 934 DUI v. DHSMV DEFINITION 10 The two ways to get yourlicensesuspended is if you refuse abreathalyzertest or if you blow above a .08 BAL. DHSMV is a civil proceeding for the suspension of your license, preponderance of evidence is the burden. DUI is the toughest misdemeanor, must be proven beyond a reasonable doubt (usually is). Neither case effects the other. Most of the time the DHSMV case is lost but sometimes the DUI case is won. Or it can happen the other way around. TERM 21 Consolidation of Related Offenses DEFINITION 21 If the State files two or moreseparateinformation or indictments you can have them put together if they happened at the same time or transaction. TERM 22 Severance of Offenses DEFINITION 22 Severance of Defendants happens before a trial unless one Co-defendant says something during the trial. TERM 23 Arraignment DEFINITION 23 The judge of the case notices the Defendant what they are being formally charged with. They appoint counsel if none has been appointed. Explains the charges. If you don't show the judge issues a bench warrant. You can enter a plea for some misdemeanors You enter a plea for felonies. TERM 24 Pleas DEFINITION 24 Not Guilty- Denies the charges, can withdraw the plea later and enter another plea. Guilty- Yes, I Did it Nolo Contendre (No Contest)- I am not contesting the charges against me, but I am not admitting guilt. Pleas must be made on the record Refusing to enter a plea = A Not Guilty Plea TERM 25 Category A Witness DEFINITION 25 Eye Witnesses Witnesses who were present when a recorded or unrecorded statement was taken from Defendant Investigating Officers Witnesses known by the prosecutor to have any material information that tends to negate the guilt ofthe defendant Child Hearsay Witness Expert witnesses TERM 26 Jury DEFINITION 26 Trial begins when the Jury is sworn in 6 Jurors for a Criminal Case 12 Jurors for a Capital Criminal Case