CJ 342 -- CRIMINAL PROCEDURE | Review on cases
Wolf v. Colorado (1949) *** states can provide more protection but not less
California v. Greenwood (1987) *** abandoned property is not protected by the 4th
amendment
garbage on the curb is not protected by the 4th amendment
Schneckloth v. Bustamonte (1973) *** Supreme Court refuses to require law
enforcement to advise suspects of their right to refuse consent
Ohio v. Robinette (1996) *** law enforcement not required to tell a motorist that they
are "free to go" before asking for consent to search
State v. Matlock (1974) *** 3rd party consent is only valid when there is a mutual use
of the property
Georgia v. Randolph (2006) *** law enforcement can rely on the subjective belief that
the person has authority to give consent
conflicts regarding co-occupants = no trumps yes
Katz v. United States (1967) *** reasonable expectation of privacy
Illinois v. Gates (1983) *** Supreme Court relaxed the Aguilar-spinella test by allowing
magistrates to look at the totality of the circumstances when using hearsay evidence
United States v. Grubbs (2006) *** anticipatory search warrants do not violate the 4th
amendment
Wilson v. Arkansas (1995) *** knock-and-announce rule
Richards v. Wisconsin (1997) *** Emergency Searches: no knock exceptions.
Hudson v. Michigan (2006) *** states may not create a blanket "drug exception"
Franks v. Delaware (1978) *** evidentiary hearing to test the truthfulness of the
allegations in the affidavit of probable cause
Coolidge v. New Hampshire (1971) *** Officers are permitted to notice and use as
evidence items in plain view when the officers are where they are legally permitted to be
Brigham City v. Stuart (2006) *** Warrantless search
- Exigent circumstance
Wolf v. Colorado (1949) *** states can provide more protection but not less
California v. Greenwood (1987) *** abandoned property is not protected by the 4th
amendment
garbage on the curb is not protected by the 4th amendment
Schneckloth v. Bustamonte (1973) *** Supreme Court refuses to require law
enforcement to advise suspects of their right to refuse consent
Ohio v. Robinette (1996) *** law enforcement not required to tell a motorist that they
are "free to go" before asking for consent to search
State v. Matlock (1974) *** 3rd party consent is only valid when there is a mutual use
of the property
Georgia v. Randolph (2006) *** law enforcement can rely on the subjective belief that
the person has authority to give consent
conflicts regarding co-occupants = no trumps yes
Katz v. United States (1967) *** reasonable expectation of privacy
Illinois v. Gates (1983) *** Supreme Court relaxed the Aguilar-spinella test by allowing
magistrates to look at the totality of the circumstances when using hearsay evidence
United States v. Grubbs (2006) *** anticipatory search warrants do not violate the 4th
amendment
Wilson v. Arkansas (1995) *** knock-and-announce rule
Richards v. Wisconsin (1997) *** Emergency Searches: no knock exceptions.
Hudson v. Michigan (2006) *** states may not create a blanket "drug exception"
Franks v. Delaware (1978) *** evidentiary hearing to test the truthfulness of the
allegations in the affidavit of probable cause
Coolidge v. New Hampshire (1971) *** Officers are permitted to notice and use as
evidence items in plain view when the officers are where they are legally permitted to be
Brigham City v. Stuart (2006) *** Warrantless search
- Exigent circumstance
