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Criminal Procedure 3rd Edition Matthew R Lippman - Solutions
When may the police conduct an inventory? What are the requirements for an inventory search?
Under what circumstances may the police search a container in an automobile without a warrant? Does it matter whether the container is owned by the driver or by a passenger? Is a warrant required when the same container is searched when it is outside the motor vehicle?
Discuss the requirements for a third-party consent search.
What is the scope of a probable cause search of an automobile?
Define the scope of a consent search. May an individual withdraw his or her consent?
What is the legal standard for a consent search?
Elaborate on pretext arrests and whether pretext arrests constitute a defense under the Fourth Amendment.
Define the scope of a police search when they arrest the driver of an automobile on the highway. How does Thornton expand the holding in Belton?
What is the scope (extent) of a search incident to an arrest? Why is there a contemporaneous requirement for searches incident to an arrest?
Discuss the purpose of a search incident to an arrest. Compare and contrast searches incident to arrest with frisks.
Define the knock and announce rule. When are the police justified in not adhering to the knock and announce requirement?
Discuss search warrants and the particularity requirement.
Problems in policing. Summarize the law regarding the probable cause search of containers.
Do you agree with the Supreme Court decision in Houghton?
What of the argument of the dissent that the police only should be permitted to search a passenger’s belongings when there is “individualized” probable cause to believe that a specific container contains contraband?
Why does the U.S. Supreme Court argue that the ability of the police to enforce the law would be frustrated without the ability to search containers belonging to passengers (the “passenger property” exception)?
Outline the facts and holding in Houghton.
Problems in policing. Compare and contrast searches incident to an arrest of an individual within a motor vehicle, consent searches of motor vehicles, and probable cause searches of motor vehicle
Is there a social interest in allowing the police to search motor vehicles without warrants?
Are you persuaded that a motor home has significantly less expectation of privacy than a stationary home?
Could the court have reached the same result by basing its decision solely on the mobility of motor vehicles? Why did the Supreme Court hold that a warrantless search was justified despite the fact that the motor home may have been used as a residence?
What is the holding in Carney?
Problems in policing. Write a brief summary of the law of third-party consent instructing police officers of the legal rules to keep in mind.
Should the Court have required the police in Fernandez to obtain a search warrant rather than to rely on a consent search?
How does the Court respond to the argument that the objecting occupant is not required to be present for his or her refusal to consent to continue to be valid? What of the argument that the occupant’s objection continues until the occupant changes his or her mind?
What is the significance of the fact that the police removed Fernandez from the premises and then returned to obtain consent to their search of the premises?
Is the Supreme Court judgment in Fernandez consistent or inconsistent with the judgment in Randolph?
How do the facts in Fernandez differ from the facts in Randolph?
Summarize the facts and holding in Fernandez and the Supreme Court judgments in Matlock, Rodriguez, and Randolph.
Problems in policing. List questions that an officer should ask an individual who claims third-party authority to consent to the police to enter a house.
Why is the lawfulness of the police entry into Rodriguez’s apartment important in determining the lawfulness of the police seizure of the narcotics?
Do you agree with Justice Marshall’s criticism of the judgment in Rodriguez?
Why did the Supreme Court hold that Gail Fischer lacked “common access and authority” to the apartment? What facts are crucial in the court’s determination that it was reasonable for the police to conclude that Fischer had“common access and authority”?
What is the holding in Rodriguez?
Problems in policing. What are some points that a police officer should keep in mind in conducting a consent search?
Could the criminal justice system function as effectively without consent searches?
Should the Supreme Court require the police to inform an individual of his or her right to refuse consent? Are the critics correct that the decision in Schneckloth permits the police to take advantage of a citizen’s “ignorance” of the right to refuse consent? Do most interactions between the
Would the police have had a legal basis for searching the automobile and seizing the stolen checks absent consent? As a judge, would you rule that it is lawful for a police officer to stop a motorist for a minor traffic violation like a burnedout light and then to conduct a consent search for
What is the legal test for a consent search under the Fourth Amendment?
Problems in policing. Is it ethical for a police officer to engage in a “pretext arrest”?
The Court observes that an individual’s remedy for racial discrimination lies in the Equal Protection Clause to the U.S.Constitution. An Equal Protection claim requires a demonstration that an officer’s conduct resulted in a discriminatory impact (i.e., similarly situated individuals of a
The Supreme Court states that an individual who is arrested for a traffic offense may not rely on the defense that the arrest is a pretext and therefore is unreasonable. Should a pretext arrest be unlawful under the Fourth Amendment and result in the exclusion from trial of evidence seized during
Why does the Supreme Court dismiss the legal tests proposed by Whren and Brown?
Explain the holding of the Supreme Court. Can you speculate on why the Court decided against considering an officer’s subjective motivation in reviewing the reasonableness of an arrest?
What facts support the claim of Whren and Brown that they were subjected to a pretext arrest?
Problems in policing. Apply the holding in Gant to the facts in Belton and Thornton. Would the police be justified in searching the automobile compartments in Belton and Thornton? Did Gant introduce uncertainty into the law of search and seizure?
If you were a member of the Supreme Court, how would you decide Gant?
Why did Justice Alito dissent from the plurality decision? Discuss the significance of whether the reasonableness of a warrantless search of an automobile is based on the time of the arrest or on the time of the search.
Explain why Justice Stevens did not follow the precedent established in Belton.
How does the holding in Gant modify the rule established in Belton?
Do you agree with the decision in Riley?
Are the police prohibited under any circumstances from conducting a warrantless search of a cell phone?
How does the search of a cell phone differ from the search of an individual’s pockets or purse?
Why does an arrestee have a heightened degree of privacy in his or her cell phone?
Searches incident to an arrest serve the interests in preventing violence against police officers and the public and in preventing the destruction of evidence. Why does Chief Justice Roberts conclude that a warrantless search of a cell phone does not serve either of these interests?
How do the facts in Riley illustrate the benefits for law enforcement in conducting warrantless searches incident to an arrest of cell phones? Could the police have obtained a warrant to search Riley’s phone?
Problems in policing. Write several sentences summarizing the scope of a search incident to an arrest. Distinguish between reasonable suspicion stops and frisks and searches incident to an arrest.
Summarize the dissenting opinion of Justice White and Justice Black. Do you agree with their argument that the court should have held that the search of Chimel’s home was lawful?
What are the main differences between a Terry frisk and a search incident to an arrest?
Does the court provide adequate guidance to the police regarding the scope of a search incident to an arrest?
What is the holding in Chimel?
Problems in policing. What does the knock and announce rule require the police to do when executing a warrant?Formulate a hypothetical situation illustrating a situation in which the police would be justified in disregarding the knock and announce principle.
Do you agree with the argument that the legal test established in Richards permits the police in most instances to ignore the knock and announce rule when conducting a search for narcotics?
Did the Supreme Court rule that the no-knock entry in Richards was reasonable? Explain the court’s decision.
What is the legal standard for determining when the police may disregard the knock and announce principle? Explain this test in your own words.
Can you explain why the U.S. Supreme Court rejects the holding of the Wisconsin Supreme Court?
What is the difference between an arrest and receiving a citation for a misdemeanor? Explain the Supreme Court’s holding in Atwater v. Lago Vista.
Discuss the significance of Tennessee v. Garner and Graham v. Connor.
What are exigent circumstances? Discuss the justifications for exigent circumstances.
Compare Watson v. United States with Payton v. New York.
When do arrests for felonies and arrests for misdemeanors require warrants?
Describe the process of issuing a warrant. What information must appear on the face of the warrant? Discuss the purpose of a Gerstein hearing.
How does Draper v. United States illustrate the determination of probable cause?
Compare and contrast the Aguilar–Spinelli test with the totality-of-the-circumstances test in Illinois v. Gates.
Discuss how a police officer’s use of his or her “five senses” may constitute probable cause.
How does the probable cause standard for arrests balance the privacy interests of the individual against the societal interest in criminal investigation and the apprehension of offenders?
Define probable cause and explain the meaning of probable cause in your own words.
Compare and contrast reasonable suspicion and probable cause.
Problems in policing. Assuming that a statute provides a police officer with a choice whether to issue a citation or to arrest an individual for a misdemeanor, what factors would you consider in making a determination whether to issue a citation or to arrest an individual?
What is the legal test proposed by Justice O’Connor? Why do the dissenting judges favor this approach? As a judge, would you support the majority or dissenting opinion?
Is it significant that the Supreme Court finds that the decision in Atwater will not lead to an “epidemic” of arrests for misdemeanors?
Do you agree with Justice Souter that Atwater’s arrest was not conducted in a manner that was unusually “harmful” to Atwater’s “privacy or physical interests”?
Discuss why the Supreme Court concludes that the best approach is to authorize arrests for all misdemeanors rather than to distinguish between offenses on the basis of criteria such as whether an offense is “jailable” or “nonjailable.”
What are the facts in Atwater? Why does Atwater argue that her arrest was unreasonable under the Fourth Amendment? Explain the holding of the Supreme Court.
Problems in policing. What are the factors that a law enforcement officer should weigh and balance in deciding whether to use nondeadly physical force against a suspect? How can an officer determine whether the force is excessive?
Are judges and juries equipped to evaluate the reasonableness of the application of force by a law enforcement officer?
Apply the reasonableness standard for excessive force to the facts in Graham. Did the officers employ reasonable force?
Courts traditionally analyzed claims that the police employed excessive nondeadly force under the Due Process Clause of the Fourteenth Amendment and held that the individuals had the right under the Fourteenth Amendment to be free from the “malicious and sadistic application of force
What is the holding in Graham v. Connor?
Problems in policing. Provide examples of several situations that you believe would justify the police use of deadly force.
Is Justice O’Connor correct that the Supreme Court majority unduly minimizes the serious threat posed by burglary?Should the Supreme Court be setting standards for police across the country based on the facts in a single case?
Summarize the facts that Officer Hymon considered in the “split second” in which he decided to fire at the suspect.Was his decision reasonable? What of Justice O’Connor’s conclusion that the Supreme Court decision will lead to a large number of cases in which lower courts are forced to
Justice O’Connor writes at one point in her dissent that the Supreme Court majority offers no guidance regarding the factors to be considered in determining whether a suspect poses a significant threat of death or serious bodily harm and does not specify the weapons, ranging from guns to knives
Did Officer Hymon’s shooting of Garner comply with the Tennessee statute? How does the Tennessee statute differ from the Court’s holding in Garner? Do you believe that the Supreme Court majority places too much emphasis on protecting the fleeing felon?
Problems in policing. Does the holding in Welsh provide the police with a clear rule for the application of the exigentcircumstances exception to the Fourth Amendment warrant requirement? What other offenses are not sufficiently“serious” to justify a warrantless entry into the home to arrest an
Why does the dissent argue that there was an emergency that justified the warrantless entry into Welsh’s home?
Discuss the relationship between the Supreme Court’s decision in Welsh and the Supreme Court’s decision in Payton.
What is the holding in Welsh? Why did the Supreme Court conclude that the police did not have exigent circumstances to enter Welsh’s home without an arrest warrant?
Problems in policing. Under what circumstances do the police require a warrant to arrest an individual for a felony or for a misdemeanor?
Do you agree with the majority decision in Payton? Is the Supreme Court providing an unnecessary degree of protection to the home?
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