cj 485 midterm 1
opinion - ANS-majority = law
dissent = disagree
concurrence = agree
Jurisdiction - ANS-to have power over
stare decisis - ANS-Let the decision stand; decisions are based on precedents from previous
cases
rule - ANS-courts are bound by rules from case law on the same issues
exceptions: distinguishing facts - ANS-arguing how new case facts are different than the original
exceptions: outranking court - ANS-supreme court over appeals over trial/district courts
exceptions: dictum/dicta - ANS-on a tangent; not relevant to the case
(F)IRAC ~legal analysis~ - ANS-(F)facts
I: Issue, question presented
R: Rule, from statute/case/constitution
A: analysis, applying general to specific
C: conclusion "holding"
Amendment IV - ANS-free of unreasonable search and seizure
Amendment V - ANS-No person shall be ... compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law...
Amendment XIV (14) - ANS-Due process, equal protection, privileges of citizens
application - ANS-is it a search or a seizure
violation - ANS-is the search/seizure unreasonable/unlawful, was their a warrant/warrant
requirement
remedies - ANS-exclusionary rule= main remedy
alternatives= lawsuit, apology, retrial
Testimonial Evidence - ANS-what is said in court/ in interrogation by a competent witness
, Real/Physical Evidence - ANS-does not reveal the contents of the mind ex. shoe size photos,
handwriting, voice examplars
"The Cruel Trilemma" - ANS-- Refers to the situation faced by a suspect during interrogation,
not liked by courts
- they talk, they incriminate themselves(self accusation)
- they remain silent, they look guilty(contempt)
- they lie, they face charges(perjury)
· 4A searches - ANS-indirect or direct government intrusion of a reasonable expectation of
privacy, typically need a warrant to search without probable cause or emergency status
4A seizures - ANS-items taken with meaningful interference of the government
-items subject to seizure:
fruits of crime, instrumentalities of crime, contraband "mere evidence"
destroying property
plain view search - ANS-not a 4A search because their is no government intrusion, the right of
the police to gather without a warrant evidence that is clearly visible
Plain View Seizures - ANS-if an investigator/officer is lawfully in a place and sees contraband or
evidence in plain view, the investigator may seize the evidence and it will be admissible, is a 4A
seizure, needs to be reasonable
Mapp v. Ohio (1961) - ANS-Established exclusionary rule; illegally obtained evidence cannot be
used in court; Warren Court's judicial activism.
Schmerber v. California - ANS-The forced extraction and analysis of a blood sample is not
compelled testimony and therefore does not violate the Fifth Amendment privilege against
self-incrimination.
Intrusions into the human body require a warrant
Here, the warrant-less blood test was permissible under the exigent circumstances exception to
prevent the destruction of alcohol in the blood stream through the body's natural metabolic
processes
-Apply? yes, blood taken by doctor directed by the police (gov)
-violation? no, emergency status of evidence collection due to destruction (BAC goes down)
Rochin v. California (1952) - ANS-Police have stomach of perp pumped
-apply? yes, gov has doc pump stomach
-violation? yes, shocks conscience of court
Breithaupt v. Abram (1957) - ANS-The search was reasonable. The methods used did not
involve Rochin-type coercion or brutality.
apply? yes, gov had blood taken w out consent
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