Questions and Answers
What did California police believe the brown paper bag contained?
Police need a warrant to search a closed container found in a car.
False
What amendment is referenced regarding search and seizure?
Fourth Amendment
In California v. Acevedo, police may search as long as they have probable ___.
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Which case is reversed by Acevedo?
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Study Notes
Key Facts
- California police observed Charles Acevedo leaving his home carrying a brown paper bag, which raised suspicion.
- Officers had probable cause to believe the bag contained marijuana.
- Police approached Acevedo as he started his vehicle, without obtaining a search warrant.
- Officers stopped Acevedo's vehicle and requested him to open the trunk.
Legal Issue
- The primary legal question revolves around the 4th Amendment's search and seizure clause as applicable to states under the 14th Amendment.
- The issue is whether police can search a closed container within a vehicle without a warrant if probable cause exists for searching the vehicle itself.
- The court's answer is in the affirmative, indicating probable cause can justify a search without a warrant.
Court's Decision
- The ruling in California v. Acevedo reverses the previous decisions in Chadwick and Sanders.
- The court established a distinction between the search of a vehicle and the contents within it; the expectation of privacy is greater for closed containers than for the vehicle itself.
- As long as officers possess probable cause, they are permitted to search closed containers within a vehicle.
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Description
This set of flashcards covers key terms and issues related to the California v. Acevedo case, focusing on search and seizure laws. Explore the implications of the Fourth Amendment and its application through the Fourteenth Amendment. Perfect for law students or anyone interested in constitutional law.
