4th A - arrest + detention Flashcards
Fourth Amendment provides that
people should be free from unreasonable search and seizure
what constitues a seizure
where under the totality of the circumstances a reasonable person would not feel free to decline officer’s requests or terminate encounter
an arrest occurs when
a person is taken into custody against their will
an arrest must be based on
probable cause (based on totality of hte cirucmstances)
is a warrant needed for arrest in a public place
generally no
when is a warrant generally needed
for police to arrest a person in a nonemergency situation in the person’s home
when can police briefly detain a person
when they have reasonable suspicion supported by articulable facts they can detain for investigative purposes
probable cause **NOT ** needed
levels of suspicion
vague suspicion < reasonable suspicion < probable cause
level of reliability for an informant
indica of reliability
level of ssuspicion for automobile stops
reasonable suspicion
is a dog sniff a search
it is not so long as police do not extend the stop beyond time need to issue a ticket or conduct reasoanble activities.
a dog alert can serve as what for the police
probable cause to conduct a search
can police use a dog outside home of a suspsected drug dealer
no
not without probable cause
if a polcie officer makes a mistake of law regarding a search and seizure, is the seizure invalidated?
no as long as mistake was reasoanble
can PO stop a car if they have PC for a traffic law violation, even if their ulterior motive is to actually investage for a crime for which they lack PC to make a stop?
YES!
