LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
  - Texas v. Cobb
  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
- Stops-Generally
- Stops-Terry/Traffic Stops
The Fifth Amendment
- Compelled
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- Holder of the Privelege
- Immunity
- Introductory Issues
- Miranda - Custody
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  - Pennsylvania v. Muniz
  - Rhode Island v. Innis
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  - Illinois v. Perkins
- Miranda - Right to Counsel
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- Miranda Exceptions
  - New York v. Quarles
  - Harris v. New York
- Testimonial Evidence
- Voluntary
Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
- Serving the Warrant - Person at the Premises
- Serving the Warrant - Related Issues
- With Particularity
Search Warrant Exceptions - P.C. Not Needed
- Consent
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  - United States v. Flores-Montano
  - United States v. Ramsey
- Inspections - Parolees
  - Samson v. California
  - United States v. Knights
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- Inspections - Vehicles
- Inventories
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  - United States v. Chadwick
- Search Incident to Arrest - Alcohol Test
  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
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- Search Incident to Arrest - Vehicles
Search Warrant Exceptions - P.C. Needed
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Related Search and Seizure Issues
- Officer's Intent
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Other Cases
- Generally
Liability
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- Generally
Levels of Suspicion
- Probable Cause
- Reasonable Suspicion
Fourth Amendment - Exclusionary Rule
- Exceptions - Attenuation
  - Utah v. Strieff
- Exceptions - Good Faith Exceptions
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  - Murray v. United States
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  - Nix v. Williams
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- Exceptions - Other Hearings
  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Third Party Control

United States v. Miller

Facts

ATF agents were investigating the defendant. Agents served grand jury subpoenas on the presidents of banks where the defendant kept accounts. The banks made the documents available to the agents, which were used in their investigation of the defendant.

Issue

Whether the defendant had a reasonable expectation of privacy in records held by the banks?

Held

No. The defendant had no reasonable expectation of privacy in his bank records, since the bank was a third party to which he disclosed his affairs when he opened his accounts at the bank.

Discussion

There is no reasonable “expectation of privacy” in the contents of the original checks and deposit slips, since the checks are not confidential communications. They are negotiable instruments to be used in commercial transactions, and all the documents obtained contain only information voluntarily conveyed to the banks and exposed to their employees in the ordinary course of business. The Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to government authorities. The issuance of a subpoena to a third party does not violate a defendant’s rights, even if a criminal prosecution is contemplated at the time the subpoena is issued.

NOTE: The requisition of bank records must be in compliance with federal and state statutes.

Citation

425 U.S. 435, 96 S. Ct. 1619 (1976)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege