6th amendment, undercover informant, electronic surveillance Flashcards

Terms Definitions
Vehicle inventory searches, federal, limited by ...
Limit on discretion from Bertine and Wells. One must search all containers or none on an inventory basis. (If there is PC, use Acevedo.)
Vehicle inventory searches, louisiana
Jewell - factors to judge obj GF of officers, focusing on whether officers asked about valuables, called tow truck before, etc.; Escoto disregarded Jewell dicta about scope of search, w/enough GF, any container may be searched, including pill bottles
MD v. Garrison
warrant to search McNabb's property, who shared 3rd floor with Garrison; it's homeowner's obligation to ensure search is proper - Garrison should've said something
A to consent; husband arrested in yard; wife gives A to search; find diaper bag full of money from bank robbery; wife's consent "legally sufficient"; when share home assume risk that person you're living with might consent to search w/o you
Hiibel v. NV
upon reasonable suspicion, required to show ID; Father and daughter domestic violence case; Police follow up; Truck parked on side of road -- red & silver GMC; Man on road, woman inside -- confirms informant's report = RS
IL v. Wardlow
High crime neighborhood + flight = reasonable suspicion; guys sees police coming, has an opaque bag, and takes flight
like Fl v. Royer, but goes opposite way; 1989 vs. 1983, PC getting easier to find; RS: "drug carrier profile": Honolulu to Miami, Short stay (similar to Gates), Paid cash, Black jumpsuit, gold jewelry, Appeared nervous, Traveling under alias
CA v. Acevedo
overuled Chadwick (about to place trunk in taxi, powder spilling out, bad search w/o warrant); here, seize Acevedo after he's dropped brown bag of pot in suitcase - found PC; Scalia's concurrence includes the no privacy in public for effects step further
IL v. Lidster
CHECKPT stop to find car from hit&run accident; Info-seeking, handing out pamphlets abt accident; Perfectly legit stop; Lidster appears drunk, swerving into the line; similar to Derrick Todd Lee stop in BR, all white trucks on Burbank stopped, cheek swab
Vale v. LA
Police witnessed drug transaction outside defendant’s home, arrested him, then searched home [focus of case is on search of home]; Exigency TRIGGERED by the police – not a lawful exception; should've got warrant
IL v. MacArthur (warrantless, emergency doctrine)
Woman asks cops to assist her while moving out; Tells cops dope under couch, perhaps vengefully; One cop goes to get warrant, the other cop detains husband while waiting for warrant and before searching house; Detaining while waiting for warrant - OK
Segura v. US (warrantless, emergency doctrine)
Outer limit on time for waiting on warrant - 19 hours; Longest delay court has ever approved; Lawful search, but REALLY close to being unlawful delay; Everybody was in custody, might lawfully have "sealed the apartment from outside"
Arson investigations (warrantless, emergency doctrine)
Can search the morning after fire, because can't see anything at night; 3 weeks later, too late vs. Waiting for daylight, reasonable
IL v. Caballes
Cop writing ticket, decided not to arrest, another cop, part of drug interdiction, comes with drug dog; Drug sniff OK bc didnt prolong legal detention unreasonably; If lawful search to begin with, dog sniff doesn't make search unreasonable
Ybarra v. IL, SIA
Greg bartender accused of selling drugs; informant says Greg keeps drugs behind bar; Police get search warrant; Can POs detain everyone in bar? NO; warrant for Greg, not bar; NO cxn btwn ∆ and Greg; can’t get warrant to search everyone in public place
IL v. Rodriguez, common authority
Cops reasonable reliance on Gail; Gail, daughter of apt owner, who is beaten up by Rodriguez, apt was until recently shared by Gail - Gail no A; valid perspective: cop & not person giving consent; Gen rule: not that cop correct, but reasonable
When does the Sixth Amendment attach rather than the Fifth? Edwards ...
After arrest, Edwards governs the right to counsel
When does the Sixth Amendment attach rather than the Fifth? Kirby v. IL ...
The court in Kirby v. Illinois said it attaches “at or after the time that judicial proceedings have begun.” ... Does that mean indictment, preliminary hearing, arraignment, initial appearance, or filing of an accusation? At which stage?
When does the Sixth Amendment attach rather than the Fifth? MI v. Jackson ...
Michigan v. Jackson then said arraignment but did not define arraignment; Generally, when bail is set and formal charges are brought; It sets definitely by indictment; Or maybe first time brought in front of magistrate
When does the Sixth Amendment attach rather than the Fifth? Montejo ...
Montejo over-r Jackson for what PO can do once attached; PO can re-approach D and re-M right af 6A attaches, and D must waive right again or invoke; No anticipatory invocns; invoke at EVERY step: bf judge to have counsel @proceeding, bf PO back @station
When does the Sixth Amendment attach rather than the Fifth? Carter ...
In Louisiana, attaches upon initial presentment. Carter says.
6A protects what?
Amendment protects right to an attorney and “assistance of counsel” for defendant’s defense.
6A waiver ...
For interrogation, same as 5th Amendment Miranda waiver; For line-ups and trial, have right to attorney (Wade) and must clearly and unequivocally waive right to attorney
When does arrestee need to be Mirandized again? time passes ...
If there has been a significant amount of time or the police are approaching for another offense; In Fifth Amendment, two weeks was enough to approach again for the same crime after right to counsel invoked (Shatzer)
When does arrestee need to be Mirandized again? offense-specific?
Remember that Sixth Amendment is offense-specific; Hoffa case did not concern 6th Amendment because the undercover informant was for a different offense.
6A ... Miranda, voluntariness, valid waiver
all needed for Sixth Amendment but we treat them the same as Fifth
6A ... line-ups
Counsel needed for line-ups. Facing accuser necessitates a lawyer. No need to invoke. (Kirby)
6A ... line-ups ... showing photos to witnesses
(Ash) cops showing photographs to witnesses is fine. No opportunity to cross-examine, so why would a lawyer be needed?
6A ... key to attorney presence (during line-up or otherwise)
Key to attorney presence is to avoid highly suggestive procedure and irreparable misidentification
undercover informant
Letting someone into your presence and telling them information does not infringe rights; Fifth Amendment does not protect a right to keep quiet (Hoffa); assuming the risk those around you could be undercover informant
undercover informant ... fellow prisoner
Fellow prisoner was not a passive participant in conversation, eliciting incriminating evidence. (Henry)
electronic surveillance ... first step
Look to Katz as to whether there is subjective and objective expectation of privacy.
electronic surveillance ... federal statute
Omnibus Control and Safe Streets Act of 1968 -- Louisiana adopted similar statute, but Article V includes communications. State v. Reeves concluded that Louisiana has same rights with respect to electronic communications.
electronic surveillance ... for the warrant, the affiant must include
Report attempted investigating activities that were fruitless; Have to project how long intercepts will last; COURT issues intercept order, must specify if intercept terminates upon seizure of conversations you ID'd
electronic surveillance ... if intercept doesn't cease upon seizure of targeted conversations or admissions, ER?
Failure to minimize scope with last warrant requirement is not a core element. No Exclusion. (Scott)
electronic surveillance ... what's difference between putting a wire on a willing volunteer AND tapping wife's phone?
Distinguish between party of conversation and not party of conversation
electronic surveillance ... when are the exceptions to warrant requirement?
Terrorist attack; Organized Crime/Conspiracy; Immediate threat of life or serious injury -- BUT In these cases, you must still submit an inventory of surveillance.
deliberate solicitation violates 6A; just listening would have been OK
US v. Henry
inmate confined in the same cellblock as respondent, instructed by agent to be alert, to listen, but NOT to initiate; After being released (informant's pay), informant revealed he had deliberately solicited info, engaged in conversation -- 6A violated
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