TABLE OF CONTENTS

• General rules 1
• Is exclusion the appropriate remedy? 2
• Credibility 5
• Majority U.S. Supreme Court opinions 7
• Delays in filing or in hearing 7
• Power to reconsider 7
• Preparation of orders 8
• What are the steps at the hearing? 8
• Standard of review 8

• That a validly executed warrant was required and there wasn't one 13
• A search and\or seizure of the person or property 14
• Specific instances 15
• Was the contact a consensual encounter, rather than a detention? 28
• Other examples of consensual encounters 36
• Government action or private action with government involvement 41
• A reasonable expectation of privacy or what is often referred to as standing 43
• General principles 43
• Students 44
• Test 46
• Raising rights of codefendants 46
• A reasonable expectation of privacy 47
• No reasonable expectation of privacy 52
• Definition 29
• Restrictions on officer's conduct 30
• Factors to consider 30

• Was the affidavit valid? 58
• Standard of review on motion to suppress 58
• Rules concerning information provided by informant 60
• Rules for dealing with omissions, misrepresentations, or defective information 65
• Other rules 66
• Staleness 68
• Examples 69
• Were there any significant defects in the warrant? 70
• Examples of problems with warrant 70
• Scrivener's error 75
• Staleness 75
• Was the warrant properly executed? 76
• General rules 76
• Did the knock and announce law (§933.O9) apply? 78
• When is forcible unannounced entry proper? 78
• Small amount of drugs in dwelling 81
• Persons and property on the premises 82
• Scope of search 87
• Curtilage 88

• Did the search involve a probationer? 89
• Was it the result of a lawful temporary detention? 92
• These factors should be considered 95
• Cases dealing with some specific scenarios 96
• Presence in high crime area or drug activity 96
• F!eeing or evasive action 111
• Tips 112
• Use of a vehicle 139
• Other observations of noncriminal activity 143
• Furtive movement 151
• Use of a profile 152
• Other factors 153
• If there was reasonable suspicion what are the rules concerning the search or securing of information? 161
• Grounds and rules for pat down and search 161
• Discovery of unthreatening object 168
• Type of crime 171
• Information provided by an informant 173
• Specific examples 173
• Was the extent of detention proper? 177
• Was the search incidental to a lawful arrest? 179
• Definition of an arrest 179
• Probable cause or a valid warrant 180
• There must be lawful authority 20
• Misdemeanors, ordinances, and traffic offenses 207
• Search may precede arrest as long as there is probable cause 215
• Arrest may be on different charge than one later filed 215
• Officer’s mistake as to basis for search 216
• Must be incidental to the arrest and not remote 216
• What is the proper scope of such a search? 217
• Incidental to arrest in home 217
• Was the search pursuant to voluntary consent? 220
• Burden of proof where there is no unlawful police activity in initial stop:
  preponderance of the evidence 221
• Burden of proof where unlawful police activity precedes the alleged consent 222
• Advising the defendant of the right to refuse consent 222
• Did the person have authority to consent? 225
• General rules applying to joint occupants 225
• Consent by minors 232
• Types of relationships 233
• Was the consent voluntary 236
• Was the search within the scope of the consent? 24
• Abandonment 247
• Voluntary abandonment 247
• Dropping item before being captured or submitting to unlawful detention 249
• Dropping item after unlawful stop or order 252
• Dropping item after lawful stop or order 256
• Exigent circumstances 256
• Destruction of evidence 258
• Emergency or dangerous situation 260
• End of exigency 264
• Plain view 265
• Were observations lawfully made from a place where the officer had a lawful right to be? 267
• The officers are in a place where they have a right to be 268
• Did the officer have reasonable cause to believe the object was
  contraband or evidence merely by observing it without a further search? 268
• Did the officer have a lawful right of access to the object without a warrant? 276

• Special nature of the home 280
• Felony 281
• Misdemeanors 283
• Observations from adjoining property286

• Limited expectation of privacy 286
• When is the warrantless search of an automobile proper? 287
• Stops for non traffic related conduct 289
• Stops for traffic violations or unusual driving behavior 289
• Authority to arrest in motor vehicle cases 304
• Citizen's arrest 312
• Scope of search 314
• Forced exit of occupants 322
• Pretextual stop 323
• Development and changes in legal standards 323
• Examples post Whren 327
• Examples pre-Kehoe 330
• Examples pre-Whren & post-Kehoe 330
• Inventory of the vehicle 336
• Duration and nature of the detention 339
• Roadblock 343
• Detention status 343
• Constitutional concerns 344
• Standards for the use of roadblocks 346
• Roadblocks for nontraffic enforcement purposes 350

• Good faith exception 354
• Deficiency in affidavit for search warrant 354
• Deficiency in search warrant 357
• Execution of warrant 358
• Wiretaps 358
• Invalid ordinance or statute 358
• Fellow officer rule 359
• Miscellaneous applications 366
• Inevitable discovery doctrine 367
• Independent source 371
• Exclusively for inpeachment 372

• Standards 372
• Electronic interceptions 373
• Effect on other constitutional provisions 374