4A Arrests and Detentions** Flashcards
4A
unreasonable searfches and seizures; exclusionary rule
What constitutes a seizure
Totality of the circumstances -> a reasonable person would feel they are not free to leave/decline requests
Arrests
Custody against will for criminal prosecution or interrogation.
MUST be based on probable cause - ToC
Arrest Warrants
Generally not required except home arrests
Effect of invalid arrest
By itself, no impact on any subsequent criminal prosecution
Terry Stops (Investigatory Detentions)
Brief detentions. Just need RAS, no PC.
Terry Stop AND Frisk
Terry Stop + Frisk. Need RAS + Reasonable suspicion that A+D.
May frisk for weapons AND JUST weapons.
RAS
Reasonable articulable supsicion. More than vague suspicion, less than PC. Totality of circumstances.
RAS and Informant tips
Need indicia of reliability to be sufficient (past performance, accuracy of prediction)
Duration and SCope of Terry
Police must act in diligent and reasonable manner in confirming or dispelling suspicions.
May ask for ID. May arrest for failure to comply or if PC arises.
Property seizures okay too.
Automobile Stops
Generally okay if they have RS of crime.
Police DOgs at Traffic Stops
During routine traffics stops, a sniff is not a search so long as stop is not extended.
Dog alert can form basis of PC.
Police Dogs around the home
W/o PC, cannot use drug sniffing dog outside people’s homes
Officer’s Mistake of Law re: car stop
Doesn’t invalidate seizure if mistake is reasonable
Automobile stop: occupants
Constitutes stop of passengers as well. Thus, passengers have standing to raise wrongful stop as a reason to exclude evidence found.
May order occupants out. If RS of A+D, may frisk and search passenger compartments.
