Arrest, Search and Seizure Flashcards
When is a person CONSIDERED TO BE SEIZED?
When a REASONABLE PERSON would BELIEVE they are NOT FREE TO LEAVE.
What are examples of circumstances that might INDICATE SIEZURE?
MULTIPLE officers
DISPLAY of WEAPON by officer
PHYSICAL TOUCHING of person
RESTRICTING FREEDOM of MOVEMENT
USE of LANGUAGE or TONE of officer that compliance is compelled
MANNER of QUESTIONING
When can an officer use the rationale from TERRY to DETAIN?
Based on the officer’s
REASONABLE ARTICULABLE SUSPICION that CRIMINAL ACTIVITY is being PLANNED or being EXECUTED
Under TERRY what is required to make in INVESTIGATORY STOP?
REASONABLE ARTICULABLE SUSPICION that CRIMINAL ACTIVITY is being PLANNED or being EXECUTED to INITIATE.
What REQUIREMENTS must be established BEFORE a TERRY PATDOWN or FRISK?
Officer are required to ARTICULATE a REASONABLE BELIEF that the SUSPECT is ARMED and DANGEROUS.
What is the EVIDENTIARY STANDARD on which to BASE and ARREST?
An arrest must be based on PROBABLE CAUSE.
When are the elements of PROBABLE CAUSE to ARREST satisfied?
Officer is aware or ARTICULABLE FACTS SUFFICIENT to warrant a RESONABLE PERSON to BELIEVE:
A CRIME has been COMMITTED and
the person to be ARRESTED COMMITTED that CRIME
What must an officer do before ENTERING a PRIVATE RESIDENCE to make an ARREST in ABSENCE OF CONSENT OR EXIGENT CIRCUMSTANCES?
SECURE SEARCH and ARREST WARRANTS
REASONABLY BELIEVE the person if PRESENT
KNOCK and ANNOUNCE
If 3rd party home then for that home
When can an officer make a WARRENTLESS ENTRY into a PRIVATE RESIDENCE to make an ARREST?
EXIGENT CIRCUMSTANCES that demand an IMMEDIATE RESPONSE
(Time, Seriousness of crime, Prevent escape or destruction of evidence, Hot pursuit, danger to police or others)
Describe the BASIS to LEGALLY SEIZE EVIDENCE?
Must be based on PROBABLE CAUSE
A PRUDENT person would conclude the object is associated with CRIMINAL ACTIVITY
Facts required to SUPPORT PROBABLE CAUSE to SEARCH.
A REASONABLE PERSON would believe a CRIME has been COMMITTED and the objects were USED in the CRIME and they will be found in the PLACE TO BE SEARCHED
What is the AREA and officer may search INCIDENT to a LAWFUL ARREST?
The AREA in the IMMEDIATE CONTROL OF THE SUSPECT (WINGSPAN)
Factors that determine REASONABLE LENGTH of TIME in a TRAFFIC STOP.
PURPOSE of the STOP
and
the officer pursued a means of investigation likely to CONFIRM or DISPEL their SUSPICIONS QUICKLY
When can an officer CONDUCT a PROTECTIVE SEARCH of a MOTOR VEHICLE for WEAPONS?
The officer LAWFULLY STOPPED THE VEHICLE
and
has RESONABLE SUSPICION that the driver or passenger is DANGEROUS and can gain CONTROL of a WEAPON
When can an officer SEARCH a MOTOR VEHICLE and CONTAINERS within it?
After PROBABLE CAUSE is established for any CONTRABAND or EVIDENCE of a CRIME.
All CONTAINERS LOCKED or UNLOCKED under VEHICLE EXCEPTION for any items sought by police.
