9. Arrests and Other Detentions (4th Amend) Flashcards
what is a “seizure” that is subject to the 4th amendment?
any exercise or control by a government agent over a person or thing
when does a seizure occur?
(based on the totality of the circumstances)
when a reasonable person would feel that they are not free to decline the officer’s requests or otherwise terminate the encounter
when does an arrest occur?
when the police take a person into custody against their will for purposes of criminal prosecution or interrogation
when has there been probable cause for an arrest?
(based on the totality of the circumstances)
when there exists trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
when is a warrant generally required to make an arrest?
police must have a warrant to make an arrest of a person in their home
when is a warrant generally NOT required to make an arrest?
when police are arresting someone in a public place
what must police have in order to bring someone into the station for questioning/fingerprinting against their will?
full probable cause to arrest
**NOTE = if person consented, PC not needed
what are investigatory detentions/Terry stops?
circumstances where the police have the authority to briefly detain a person even though they lack probable cause to arrest
what are the 2 requirements for police to engage in a Terry stop?
police must have…
1) reasonable suspicion of criminal activity/involvement in a completed crime, AND
2) that suspicion is supported by articulable facts (not merely a hunch)
what is the scope of a Terry stop?
police must act in a diligent and reasonable manner in confirming or dispelling their suspicions (but no specific time limits)
generally, what can police do if a person detained via Terry stop refuses to give them their name when asked?
police can arrest the detainee for failure to comply with the request
does the Terry/reasonable suspicion standard apply to property seizures?
yes
when will a Terry stop turn into an arrest?
if during the detention, other probable cause for arrest arises
when may police stop a car?
when they have at least reasonable suspicion to believe that a law has been violated
what is the reasonable suspicion standard?
more than just a vague suspicion but less than probable cause AND depends on the totality of the circumstances
what additional fact must be shown when reasonable suspicion is based on an informant’s tip?
there must be an indicia of reliability (as to the tip/informant) in order to be sufficient
is predictive information required for reasonable suspicion to be based on an informant’s tip?
no, need not have predictive info (but certainly can)
during traffic stops, is a dog sniff a search?
no, AS LONG AS the police do not extend the stop beyond the time needed to issue a ticket or conduct normal inquiries (if beyond, considered a search)
during a traffic stop, what does a dog’s “alert” to drugs provide police?
the basis of probable cause for a search of the car
can police use a drug sniffing dog outside the home of a suspect?
no (home is too private)
when will a police officer’s mistake of law INVALIDATE a seizure?
only when their mistake was unreasonable
what is the scope of an automobile stop? (as to passengers’ REP)
seizure applies to ANY of the passengers as well as the driver (ie–passengers have standing to raise wrongful stop issue)
when will a police roadblock/checkpoint be considered constitutional?
when the roadblock is set up for purposes OTHER than seeking incriminating info
what are the 2 requirements for a valid roadblock?
roadblock must…
1) stop cars on the basis of some neutral, articulable standard, and
2) be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility (ie–DUI checkpoint)
when may police frisk a detainee for weapons?
when they have reasonable suspicion that the detainee is armed and dangerous
when and for what reason may police order all occupants out of a vehicle?
after lawfully stopping a vehicle and in the interest of officer safety
when may police frisk passengers and search a passenger compartment for weapons?
if police reasonably believe that detainee passengers of car are armed
can police stop cars even if they have ulterior motives (ie- suspect them of a crime they don’t have proof of yet) for making the stop? (pretextual stops)
yes, so long as they have probable cause to believe the driver violated a traffic law
