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Criminal Procedure

Search and seizure

11 case briefs on search and seizure in Criminal Procedure, each with the citation in the book’s form. All Criminal Procedure briefs

  • Katz v. United States

    Katz v. United States, 389 U.S. 347 (1967).

    Does the Government's electronic listening to and recording of a person's words in a public telephone booth constitute a search and seizure under the Fourth Amendment when the listening device does not physically penetrate the booth?

    Supreme Court of the United States

  • Schneckloth v. Bustamonte

    Schneckloth v. Bustamonte, 412 U.S. 218 (1973).

    To show that a consent to search was voluntarily given under the Fourth and Fourteenth Amendments, must the prosecution prove that the person who consented knew he had a right to refuse?

    Supreme Court of the United States

  • United States v. Robinson

    United States v. Robinson, 414 U.S. 218 (1973).

    After a lawful, full-custody arrest for driving after revocation of a permit, may an officer fully search the arrestee's person, or is he limited to a Terry-type frisk for weapons?

    Supreme Court of the United States

  • Illinois v. Rodriguez

    Illinois v. Rodriguez, 497 U.S. 177 (1990).

    Did the State show that Fischer had common authority over the apartment, so that her consent alone made the warrantless entry valid?

    Supreme Court of the United States

  • Michigan Department of State Police v. Sitz

    Mich. Dep’t of State Police v. Sitz, 496 U.S. 444 (1990).

    Does a State violate the Fourth and Fourteenth Amendments by using highway sobriety checkpoints at which every approaching vehicle is briefly stopped and its driver examined for signs of intoxication?

    Supreme Court of the United States

  • California v. Acevedo

    California v. Acevedo, 500 U.S. 565 (1991).

    Does the Fourth Amendment require police to get a warrant before opening a closed container in a car's trunk when they have probable cause to search only the container and not the whole car?

    Supreme Court of the United States

  • California v. Hodari D.

    California v. Hodari D., 499 U.S. 621 (1991).

    When an officer makes a show of authority that the person does not obey, is the person seized under the Fourth Amendment at the time of the show of authority, so that drugs he throws away while fleeing are the fruit of a seizure?

    Supreme Court of the United States

  • Illinois v. Wardlow

    Illinois v. Wardlow, 528 U.S. 119 (2000).

    Does a person's unprovoked flight upon seeing police officers in an area known for heavy narcotics trafficking give an officer reasonable suspicion to make a brief investigative stop under the Fourth Amendment?

    Supreme Court of the United States

  • Kyllo v. United States

    Kyllo v. United States, 533 U.S. 27 (2001).

    Does the government's use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home constitute a search under the Fourth Amendment?

    Supreme Court of the United States

  • Arizona v. Gant

    Arizona v. Gant, 556 U.S. 332 (2009).

    Does the search-incident-to-arrest exception to the warrant requirement allow police to search a car after its recent occupant has been arrested, handcuffed, and locked in a patrol car, so that he cannot reach the car?

    Supreme Court of the United States

  • Kentucky v. King

    Kentucky v. King, 563 U.S. 452 (2011).

    Does the exigent circumstances rule permit a warrantless entry to prevent the destruction of evidence when the police, by knocking on a door and announcing their presence, cause the occupants to try to destroy evidence?

    Supreme Court of the United States