Arrest Search And Seizure Flashcards
When does a consensual encounter occur?
Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away
Terry v Ohio case specifics and application
Stop and frisk rule
Frisk definition
A patdown of the outer clothing of a person to determine if that person may have a weapon, which may be used to kill or injure the officer or someone else, or effect an escape
Elements of arrest:
Intent-a peace officers purpose or intention to take a person into the custody of the law
Authority-the peace officers arrest must be made under real authority. The officer is authorized by law to make an arrest and the arrest is supported by probable cause
Seizure-person arrested is taken into custody either by physical force or by submission to assertion of authority
Understanding-by the person to be arrested of the officers intention to arrest
Appeals from Justice court go to which court?
County
Preventing consequences of theft-who can prevent the consequences of theft?
Any person
Brown v Texas case specifics and applications
Stop and identify as to specific, violated 4th Amendment
Arrest definition
When he/she has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant
Elements of temporary detention
Reasonable suspicion by the officer that some activity out of the ordinary is taking place or has taken. Indication that connects the person being detained with suspicious activity, suspicious activity must be related to a specific crime
When is the search of a vehicle permissible, on consent or reasonable suspicion
Immediate area around person areested. Arms length reach
Purpose of exclusionary rules
Deter police misconduct;any evidence obtained by peace officers using methods that violate a person’s constitutional rights, cannot be used against a defendant in a criminal prosecution
Fruit of the poisonous tree doctrine and case
Extends the exclusionary rule to evidence indirectly obtained. The notion that evidence obtained after illegal government action will be excluded from evidence. Wong sun v US
Where does open field begin vs curtilage with residences and searches
Open field begins where the curtilage surrounding a dwelling ends
Can a clerk at a hotel consent to the search of a room for a paid tenant
No
Can a roommate consent to the search of their room and a common area
Yes
