9. Arrests and Other Detentions (4th Amend)

Question 1

what is a “seizure” that is subject to the 4th amendment?

Answer 1

any exercise or control by a government agent over a person or thing

Question 2

when does a seizure occur?

Answer 2

(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

Question 3

when does an arrest occur?

Answer 3

when the police take a person into custody against their will for purposes of criminal prosecution or interrogation

Question 4

when has there been probable cause for an arrest?

Answer 4

(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

Question 5

when is a warrant generally required to make an arrest?

Answer 5

police must have a warrant to make an arrest of a person in their home

Question 6

when is a warrant generally NOT required to make an arrest?

Answer 6

when police are arresting someone in a public place

Question 7

what must police have in order to bring someone into the station for questioning/fingerprinting against their will?

Answer 7

full probable cause to arrest
**NOTE = if person consented, PC not needed

Question 8

what are investigatory detentions/Terry stops?

Answer 8

circumstances where the police have the authority to briefly detain a person even though they lack probable cause to arrest

Question 9

what are the 2 requirements for police to engage in a Terry stop?

Answer 9

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)

Question 10

what is the scope of a Terry stop?

Answer 10

police must act in a diligent and reasonable manner in confirming or dispelling their suspicions (but no specific time limits)

Question 11

generally, what can police do if a person detained via Terry stop refuses to give them their name when asked?

Answer 11

police can arrest the detainee for failure to comply with the request

Question 12

does the Terry/reasonable suspicion standard apply to property seizures?

Answer 12

yes

Question 13

when will a Terry stop turn into an arrest?

Answer 13

if during the detention, other probable cause for arrest arises

Question 14

when may police stop a car?

Answer 14

when they have at least reasonable suspicion to believe that a law has been violated

Question 15

what is the reasonable suspicion standard?

Answer 15

more than just a vague suspicion but less than probable cause AND depends on the totality of the circumstances

Question 16

what additional fact must be shown when reasonable suspicion is based on an informant’s tip?

Answer 16

there must be an indicia of reliability (as to the tip/informant) in order to be sufficient

Question 17

is predictive information required for reasonable suspicion to be based on an informant’s tip?

Answer 17

no, need not have predictive info (but certainly can)

Question 18

during traffic stops, is a dog sniff a search?

Answer 18

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)

Question 19

during a traffic stop, what does a dog’s “alert” to drugs provide police?

Answer 19

the basis of probable cause for a search of the car

Question 20

can police use a drug sniffing dog outside the home of a suspect?

Answer 20

no (home is too private)

Question 21

when will a police officer’s mistake of law INVALIDATE a seizure?

Answer 21

only when their mistake was unreasonable

Question 22

what is the scope of an automobile stop? (as to passengers’ REP)

Answer 22

seizure applies to ANY of the passengers as well as the driver (ie–passengers have standing to raise wrongful stop issue)

Question 23

when will a police roadblock/checkpoint be considered constitutional?

Answer 23

when the roadblock is set up for purposes OTHER than seeking incriminating info

Question 24

what are the 2 requirements for a valid roadblock?

Answer 24

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)

Question 25

when may police frisk a detainee for weapons?

Answer 25

when they have reasonable suspicion that the detainee is armed and dangerous

Question 26

when and for what reason may police order all occupants out of a vehicle?

Answer 26

after lawfully stopping a vehicle and in the interest of officer safety

Question 27

when may police frisk passengers and search a passenger compartment for weapons?

Answer 27

if police reasonably believe that detainee passengers of car are armed

Question 28

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)

Answer 28

yes, so long as they have probable cause to believe the driver violated a traffic law