Criminal Law & Procedure Flashcards

Under the automobile exception, police with probable cause that a car contains contraband may search:

Answer: Any area of the vehicle and containers that might hold the object sought

Under Ross and Acevedo, police may search any part of the vehicle and any container that could hold the item.

What standard must police meet to conduct a brief investigatory stop under Terry v. Ohio?

Answer: Reasonable suspicion of criminal activity

A Terry stop requires reasonable, articulable suspicion that criminal activity is afoot.

Which person has a legitimate expectation of privacy to challenge a search of a host's home?

Answer: An overnight guest

Minnesota v. Olson recognized an overnight guest's privacy interest, unlike the short business visitors in Minnesota v. Carter.

Police enter a fenced, posted field half a mile from a farmhouse without a warrant and find marijuana. Under Oliver v. United States, the entry was:

Answer: Not a Fourth Amendment search because open fields are unprotected

Open fields lie outside the home's curtilage and receive no Fourth Amendment protection, even if fenced or posted.

Under Arizona v. Gant, police may search a vehicle's passenger compartment incident to a recent occupant's arrest when:

Answer: The arrestee is unsecured and within reaching distance, or it is reasonable to believe evidence of the arrest offense is inside

Gant limits vehicle searches incident to arrest to those two situations.

In Kyllo v. United States, the Supreme Court held that using a thermal imaging device on a home from a public street:

Answer: Is a search requiring a warrant because the technology is not in general public use

Using sense-enhancing technology not in general public use to learn details of a home's interior is a search.

Under the good faith exception from United States v. Leon, evidence is NOT suppressed when officers reasonably rely on:

Answer: A warrant that was later found invalid

Leon allows evidence obtained in objectively reasonable reliance on a warrant that is later invalidated.