Enough to suspect a crime to continue an investigation, according to a reasonable cop
Needed for a warrant and arrest. "More evidence than not that a crime has been committed."
Shadwick v City of TAMPA
Warrant signed by city clerk. "Neutral, detached" signatures okay for warrant.
WEEKS v US
Searched mail without warrant. First federal case to use EXCLUSIONARY RULE.
MAPP v Ohio
Searched house for fugitive with fake warrant, found obscene material. Fourth amendment INCORPORATED.
Federal laws are applied to the states through this...
Horton v CALIFORNIA
Warrant granted for contraband of robbery, cops looked for weapons, too (not on warrant). "Inadvertent discovery" led to PLAIN VIEW DOCTRINE.
Plain View Doctrine
1. Must be immediately apparent
2. Officer must be legally located
Coolidge v New Hampshire
Babysitter murdered. Wife gives clothes to cops. Cops search car with warrant signed by Chief General, who was involved in the case. Car evidence excluded.
Us v Leon
Suspected of drug dealing. Warrant was issued, cops searched, warrant found to be invalid b/c of a lack of probably cause. Evidence was still good b/c GOOD FAITH ACT was created.
Good Faith Exception
Exception to the exclusionary rule that keeps evidence that officer's found while carrying out search warrants they believe to be valid.
Seizure of a person with probable cause, and with or without a warrant.
Taking an item or property with probable cause AND a warrant.
Terry v OHIO
Cop saw two suspicious men. Had reasonable suspicion, then patted them down for guns. LIMITED SEARCH (only protective searches allowed)
CHIMEL v California
Cops arrested, then searched home without a warrant. LEAP & LUNGE created.
US v Mendenhall
Airport search yielded drugs, consent given by not saying "no."
FLORIDA v Bostick
Random bus search yielded drugs, man felt trapped on bus, search ruled constitutional
ILLINOIS v Rodriguez
Woman let cops into apartment, found drugs. Woman turned out to be a fraud - didn't live in home. Good faith act applied.
Probable cause (not warrant) needed to search a car.
CALIFORNIA v Acevedo
Probable cause lets you search car AND closed container without a warrant.
SOUTH DAKOTA v Opperman
Car was ticketed, towed. Administrative inventory yielded drugs. Inventory search legal.
NEW JERSEY v TLO
Minor searched for cigarettes after accused of smoking. Search yielded drugs. School officials are mandates of the state, so only need reasonable suspicion (not probable cause) to search students.
Oliver v UNITED STATES
Drug activity suspected. Cops searched open field w/o warrant ("No Trespassing" sign). OPEN FIELD DOCTRINE created. Open fields not protected privacy.
US v Dunn
Bought chemicals for drugs. Cops searched barn without warrant. Barn not part of curtilage
Wilson v Arkansas
Cops must knock and announce.
CALIFORNIA v Ciraolo
Weed suspected, cops couldn't see over high fence, flew fixed-wing plane 1000 ft. over to find weed.
FLORIDA v Riley
Weed suspected, cops couldn't see inside greenhouse, flew helicopter 400 ft. over to look inside partial roof.
"Intimate" area immediately surrounding a home where privacy is expected.
Exception to "knock/announce" rule
1. Police safety is threatened
2. Evidence is being destroyed