Arrest, Search, and Seizure

Question 1

Florida v. Royer

Answer 1

Allows consensual encounters. LEOs are free to approach anyone and ask questions, as long as they recognize that the person can refuse to answer questions, refuse to identify themselves, refuse to cooperate, and/or leave.

Question 2

Terry v. Ohio

Answer 2

Allows the temporary seizure of a person for investigation based on an officer’s reasonable suspicion of criminal activity.

Question 3

U.S. v. Mendenhall

Answer 3

Allows you to arrest persons based on probably cause.

Question 4

Four Elements of Arrest

Answer 4

Intent, Authority, Actual Seizure, and Understanding

Question 5

Maryland v. Shatzer

Answer 5

If person in custody requests a lawyer, interrogation must cease until attorney is present, OR there is a 14 day break. After 14 days you can interrogate again until a lawyer is once again requested.

Question 6

Mere Suspicion

Answer 6

Hunch, or feeling of intuition. Mere suspicion is insufficient proof of any fact in a court of law. However, with mere suspicion officers may do license plate checks, surveillance, initiate an encounter (person may refuse to cooperate and walk away.)

Question 7

Probable Cause to Search

Answer 7

A man of reasonable caution in the belief that seizable property would be found in a particular place or on a particular person.

Question 8

Probable Cause to Arrest

Answer 8

A man of reasonable suspicion in the belief that an offense has been or is being committed.

Question 9

Reasonable Suspicion

Answer 9

Sufficient articulable facts and circumstances which would lead a reasonable officer to conclude that criminal activity is afoot.

Question 10

Temporary Detention

Answer 10

Holding person for a limited time, but who, as yet, is not answerable to a criminal offense.