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Criminal Procedure - Coggle Diagram

- - - - Reasonable Suspicion
      - Probable Cause
        
        Is there information causing a reasonable person to conclude it is more probable than not that evidence, person, or contraband will be found?
        
        Illinois v. Gates changed an elemental test that Aguilar-Spinelli gave to a factor test. In other words, not all elements have to be present, but these are the factors considered. Consider the totality of the evidence
        
        Reliable Informant (history)
        
        we know the informant is a reliable for some reason
        
        Independently corroborated (police observation)
        
        Everything matches up with the report, so they have sufficient probable cause
        
        Credible information (details)
        
        firsthand, direct, or reliable source of knowledge because it is so detailed
        
        No Probable Cause?
        
        Reasonable searches with no probable cause
        
        Stop and Frisk
        
        3 more items...
        
        Search incident to arrest
        
        2 more items...
        
        Consent
        
        1 more item...
        
        Plain view
        
        Inventory
        
        1 more item...
        
        Remember, if you do have probable cause, they can search anywhere capable of containing what they're looking for.
        
        YES, PROBABLE CAUSE EXISTS
        
        Is a warrant required?
        
        Home/residence: warrant required. (Payton v. NY & Steagald v. US); does not get you into the home of third parties.. only the residence of the named person on the warrant
        
        Locked containers not in an automobile (California v. Acevedo)
- - - - No Expectation of Privacy
        
        Items in plain view or exposed to the public, items in cars etc. even if a flashlight is needed (Florida v.Riley said this applies to planes and helicopters in flight)
        
        Open Fields (Oliver v. US; hide the body in the backyard instead)
        
        Trash (CA v. Greenwood; think abandoned property in property law)
      - Yes Expectation of Privacy
        
        Home and curtilage/yard/driveway
        
        Person (pockets, clothing, body)
        
        Containers, packages, papers, and personal effects
        
        Car Specifics
        
        Exempt from warrant requirement because it can be moved out of jurisdiction and the government has an elevated interest in the search right because of that.
        
        Don't forget looking through windows is plain view
        
        Arizona v. Johnson: if stop of the car is valid, police may pat down the passenger if the facts support a reasonable suspicion that he is armed and dangerous.
        
        So YES, expectation of privacy. Is there Probable Cause?
      - Little or no expectation of privacy
        
        Hoffa v. US; if you tell something to someone, you do not have a reasonable expectation of privacy that they will keep that information private
        
        Parolees and Probationers (Griffin v. Wisconsin & Samson v. California; limited. griffin said probationers do have an expectation of privacy, but the standard is they only need reasonable suspicion and do not need a warrant. Samson said nope, no expectation of privacy for parolees in states that tell them they have no privacy by statute). Even if you have an expectation, society here has told us that the expectation itself is not reasonable.
      - Limited Expectation of Privacy
        
        Sobriety Checkpoints/Border Inspections. US v. Ramsey & Almeida-Sanchez v. US.
        
        Administrative and regulatory searches. think about restaurants. Camara v. Municipal Court
        
        Public School students
        
        students do have expectations of privacy, but they're diminished. in loco parentis doctrine and the interest of school administrators. Public school administrators are the government for purposes of the fourth amendment. The court typically lowers the probable cause standard to reasonable suspicion. the standard is that the school administrator must have a reasonable suspicion to believe that a rule of the school has been broken. this could be an overdue library book. does not have to be a crime in order to search lockers.