4A Arrests and Other Detentions Flashcards
What does the 4th Amendment guarantee?
Right to be free from unreasonable searches and seizures
Seizures
What constitutes a seizure?
Under the totality of the circumstances, a reasonable person would feel they were not free to leave.
Arrest = seizure
* Arrest occurs when police takes person into custody against their will to interrogate/prosecute them.
What is required for an arrest?
Probable Cause
Station House Detention - police must have full probable cause for arrest to bring suspect to station for questioning/fingerprinting against person’s will
* Suspect can voluntarily come down to station as well
What is probable cause?
Trustworthy facts/knowledge sufficient for reasonable person to believe suspect has committed crime
Based on totality of the circumstances!
Is a warrant required for a home arrest? To make arrest in a public place?
Police can make warrantless arrest in public place if police have probable cause to believe arrestee committed felony.
Warrant REQUIRED to arrest person in home.
* Cops can only enter suspect’s home if they have reason to believe suspect is in there
When can police make Terry Stops?
STOP: If police have reasonable suspicion of criminal activity supported by articulable facts, police can stop person for investigative purposes.
FRISK: If police have reasonable suspicion suspect is armed and dangerous, can frisk suspect for weapons.
Reasonable suspicion is based on totality of circumstances!
When can an informant’s tip create basis for reasonable suspicion?
If tip has indicia of reliability sufficient to make officer’s stop resaonable (ex. predicting incriminating movement/information)
Ex. Cannot just be an anonymous accusation that a person standing on a certain street corner is selling drugs (doesn’t create reasonable suspicion)
How long can investigatory stops (Terry stop) be?
No specific time limit - police have to act in diligent/reasonable manner in investigating suspicions
Can police ask arrest detainee for not complying with request to identify himself (providing name)?
Generally yes.
When can police stop a car?
Automobile Stop
When they have reasonable suspicion law’s been violated (can be minor traffic violation)
If police makes mistake of law, seizure is still valid if as mistake was reasonable (thought a car needs two working brake lights)
Pretextual stops OK (ulterior motive doesn’t matter as long as there’s some valid reason for pulling car over)
During routine traffic stops, is a dog sniff a search?
NO, as long as police don’t extend stop beyond time to issue ticket/conduct normal inquiries
If dog “alerts” to presence of drugs during traffic stop, it’s enough to establish probable cause to search car
* BUT Police can’t use drug sniffing dog outside of suspect’s home (only traffic stops)
Do passengers in automobile stop have standing to challenge stop?
Yes, automobile stop “seizes” both driver and passengers. Passengers have standing to raise “wrongful stop” as reason to exclude evidence found during stop
When are roadblocks/informational checkpoints allowed?
(a) Police stop cars based on neutral, articulable standard (ex. stop every car)
(b) Roadblock designed to serve purposes closely related to particular problem pertaining to cars and their mobility (ex. DUI checkpoint is OK bc it’s related to drunk driving)
- NO individualized suspicion allowed
- Police can’t seek incriminating info about stopped drivers (ex. roadblock to search cars for illegal drugs NOT OK since purpose is to find evidence of ordinary criminal wrongdoing)
Can police tell occupants of car to get out during automobile stop?
Yes, if in the interest of (officer) safety.
If officer thinks occupants are armed, officer can frisk them AND search passenger compartment for weapons
Is there 4A “seizure” when police uses deadly force to apprehend suspect?
Yes. Police can only use deadly force if it’s reasonable under circumstances (ex. suspect is armed/poses danger to officer and others in vicinity)
