Arrest Search and Seizure Deck 1 Flashcards
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What are the two types of jurisdiction?
Territorial Jurisdiction <br></br> Subject Matter Jurisdiction
Define “territorial jurisdiction”
The specific geographical area or territory where an officer is empowered to act.
What are different territorial jurisdictions?
Statewide, Local (municipal and county), Special (e.g., mutual aid, continuous pursuits, implied consent offenses)
What are examples of Statewide jurisdiction?
North Carolina State Highway Patrol (SHP) officers, DMV officers, SBI agents, ALE agents, Wildlife enforcement officers, Probation and Parole officers
What are the boundaries of Municipal Police Officers’ jurisdiction?
Within the city limits, a one-mile buffer around the city limits, and on any property owned or leased by the municipality.
What are the boundaries of Sheriff’s Deputies’ jurisdiction?
Within the county, on county property outside the county, and anywhere in the state for felonies committed in the county.
Define “continuous pursuits”
An officer can pursue an offender anywhere in North Carolina and make the arrest if the offender has committed any criminal offense within the officer’s jurisdiction.
In what states can North Carolina officers continue pursuits?
Georgia, Virginia, South Carolina, or Tennessee for a suspected felony committed in North Carolina
Define “implied consent offense”
Driving while impaired (DWI)
What is subject matter jurisdiction?
The specific type of crime that an officer is empowered to investigate.
Who can arrest for any crime?
ALE agents, SBI agents, Sheriffs and their deputies, City police officers, Local ABC officers, Company police officers, Campus police officers
What is limited subject matter jurisdiction?
Highway Patrol officers, DMV officers, Wildlife enforcement officers, Probation and Parole officers
What is a mutual aid agreement?
An agreement for the head of one law enforcement agency to provide temporary assistance to another agency upon its written request.
What must North Carolina officers do to arrest someone from another state?
Obtain a fugitive warrant for the person’s arrest from a North Carolina judicial official, or arrest without a fugitive warrant if the person is charged with a crime punishable by more than one year imprisonment.
What are the restrictions on foreign diplomats?
They may not be arrested or detained, their residences may not be entered, they may not be subpoenaed as witnesses, and they may not be prosecuted.
What are the three types of police-citizen encounters?
Voluntary contact, Investigative detention, Arrest
Define “voluntary encounter”
Not a seizure (no constitutional implications), officers do not need any legal justification to approach a citizen in a public place.
Define “investigative stop”
A temporary detain based on reasonable suspicion to determine whether there is probable cause to believe a crime has been or is being committed.
What is an arrest?
A more intrusive seizure on a citizen’s liberty than an investigative stop, requiring probable cause that a person has committed a crime.
When is an arrest complete?
When the person submits to the control of the arresting officer or the arresting officer takes the person into custody by use of physical force.
Define “reasonable suspicion”
Specific articulable facts and circumstances that lead a reasonable and prudent officer to believe criminal activity has happened, is happening, or is about to happen.
What is the test for whether a person is seized?
An objective one: would a reasonable person in the suspect’s position feel that the officer deprived their freedom of movement.
What should officers communicate during a voluntary encounter?
“You are not under arrest, you are free to leave at any time, you do not have to answer questions.”
What is a “seizure”?
A seizure occurs when a person submits to the officer’s show of authority which would have communicated to a reasonable person that they were not at liberty to ignore the officer’s presence.
What is the purpose of an investigative stop?
To determine whether there is probable cause to believe a crime has or is being committed and the suspect has probably committed the crime.
What is a “Terry Stop”?
A brief seizure of an individual based on reasonable articulable suspicion that the individual has, is, or is about to commit a crime.
What is a frisk?
A warrantless and limited search of a person’s outer clothing and immediate control areas for weapons only, based on reasonable suspicion the person is armed and dangerous.
What are the requirements for a protective sweep?
Conducted in conjunction with an arrest when the searching officer reasonably believes potentially dangerous individuals may be hiding or present in the building.
What are the two prongs for motor vehicle searches incident to arrest?
The arrestee is unsecured and within reach of the car, or the officer believes there is evidence related to the crime of arrest in the car.
What is “The Carroll Doctrine”?
If officers have probable cause to search a vehicle for evidence, and the car is in a public place, they may seize and search the car without a search warrant.
What are the requirements for a valid search warrant?
Detailed descriptions of premises, persons, or vehicles to be searched, items to be seized, issued by a judicial official, initiated within 48 hours.
What is an anticipatory search warrant?
A warrant issued before all the facts or events taking place that create the probable cause to search.
What is a nontestimonial identification order?
An order used to obtain physical evidence from a suspect not in custody for comparison with evidence found at the crime scene to develop probable cause.
What are the requirements for serving a nontestimonial identification order?
Must be served at least 72 hours before the time designated for the nontestimonial identification procedure to be conducted.
What is the Graham v. Connor standard?
Established the objective reasonableness standard for use of force, based on the officer’s training and experience.
What are the four situations where deadly physical force is authorized?
Defend himself or a third person from deadly force; prevent the escape of a suspect from custody using a deadly weapon; effect an arrest or prevent an escape from custody of a person posing an imminent threat of death or serious physical injury; prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.
What is the plain view doctrine?
It allows officers to seize evidence in plain view without a warrant if they are lawfully in a position to view it, its incriminating character is immediately apparent, and they have a lawful right of access to the object.
What is abandoned property?
Property in which a person has intentionally relinquished any interest.
What is curtilage?
The immediate area surrounding a dwelling that generally includes driveways, gardens, decks, swimming pools, garages, and storage sheds.
What is a consent search?
A search conducted when a person voluntarily waives their Fourth Amendment right to privacy and consents to a law enforcement officer’s search.
What are exigent circumstances?
Circumstances that require immediate action by law enforcement, allowing them to enter a home without a warrant to save life, prevent serious bodily harm, or protect property.
What are the general rules for conducting a search incident to arrest?
Officers can automatically search the arrested person and their lungeable area. The search must be done in close proximity in time and place to the arrest.
What are the limits of a vehicle frisk?
Officers may look in locations or containers within the passenger compartment that may contain a weapon and are within the immediate reach of the suspect.
What is the purpose of the North Carolina Financial Privacy Act?
It limits government access to financial records in a financial institution.
When does the 4th Amendment apply?
When a person has a reasonable expectation of privacy in a location or item being searched or seized.
What is the difference between a criminal summons and a citation?
A criminal summons charges a crime and orders the accused to appear in court, while a citation directs a person to appear in court for a misdemeanor or infraction.
What are the requirements for making a warrantless arrest under G.S. 15A-401?
Officers can arrest without a warrant if they have probable cause for a crime committed in their presence or for certain misdemeanors if immediate arrest is necessary.
What is the rule for arrests involving foreign nationals?
Some countries’ consulates must be notified when one of their nationals is arrested or detained.
What is a private person’s authority to detain under G.S. 15A-404?
A private person can detain another if they have probable cause to believe the person committed a felony, breach of the peace, an offense involving injury to another person, or theft/destruction of property in their presence.
What are the statutory requirements upon making an arrest?
The officer must identify themselves as a law enforcement officer, inform the arrested person they are under arrest, and inform them of the cause for the arrest.
What is the “totality of the circumstances” approach?
Considering all the facts and context to determine probable cause or reasonable suspicion.
What does “probable cause” mean?
Considering the totality of the circumstances, there is a fair probability that a crime was committed and the defendant committed it.
What is “reasonable suspicion”?
Specific and articulable facts that lead a reasonable officer to suspect that a person is involved in criminal activity.
What does the term “seizure” include?
Any exercise of control by a government agent over a person or thing.
What is the “plain feel” doctrine?
If officers are conducting a lawful frisk and feel an object that is likely contraband, they may seize it even if it is not a weapon.
What is required for a search warrant application?
Detailed descriptions of the premises, persons, or vehicles to be searched and items to be seized, supported by an affidavit showing probable cause.
Who can issue a search warrant?
Any judicial official, such as appellate and superior court judges (valid statewide), district court judges (valid within their district), clerks, and magistrates (valid within their county).
What are the special rules for searching electronic equipment?
Officers need a warrant to search electronic devices, specifying hardware, software, documentation, user notes, storage media, and data.
What are the general rules for body cavity searches?
Only medical professionals can conduct body cavity searches; law enforcement officers do not execute these searches.
What are administrative inspections?
Inspections conducted for regulatory purposes rather than criminal investigations.
What is the purpose of a nontestimonial identification order?
To obtain physical evidence from a suspect not in custody for comparison with evidence found at the crime scene to develop probable cause.
What are the requirements for a nontestimonial identification order?
The affidavit must show probable cause to believe a felony offense or a Class A1 or Class 1 misdemeanor has been committed, reasonable grounds to suspect the person named in the affidavit committed the offense, and that the results will materially aid in determining whether the person committed the offense.
What is required for serving a nontestimonial identification order?
Must be served at least 72 hours before the designated time for the identification procedure to be conducted.
What is the role of an attorney during a nontestimonial identification procedure?
The attorney can be present but cannot intervene in the procedure.
What is the “good faith” exception to the exclusionary rule?
Evidence obtained with a defective warrant is admissible if the officer acted in good faith, believing the warrant was valid.
What are the requirements for conducting a search under exigent circumstances?
Officers must have probable cause and a reasonable belief that immediate action is necessary to prevent danger to life, serious injury, or the destruction/removal of evidence.
What is the purpose of the exclusionary rule?
To deter police misconduct by excluding illegally obtained evidence from trial.
What are the “Graham factors”?
The severity of the crime, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
What does “objective reasonableness” mean?
The standard by which the reasonableness of a law enforcement officer’s use of force is judged, based on the perspective of a reasonable officer on the scene.
What is the “public safety exception” to Miranda?
Officers can question a suspect without Miranda warnings if there is an immediate need to protect the public or officers from danger.
What is required for a valid waiver of Miranda rights?
The waiver must be made voluntarily, knowingly, and intelligently.
What is “fruit of the poisonous tree”?
Evidence that is derived from illegally obtained evidence and is generally inadmissible in court.
What is the “inevitable discovery” doctrine?
Evidence that would have been discovered lawfully, even without the illegal action, is admissible.
What is the “plain view” doctrine?
Officers can seize evidence in plain view without a warrant if they are lawfully in a position to see the evidence, its incriminating nature is immediately apparent, and they have a lawful right of access to it.
What is the “automobile exception”?
Officers can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime and it is in a public place.
What is the “protective sweep” doctrine?
Officers can conduct a limited search of the premises for other individuals posing a danger to those on the scene during an arrest.
What is required for a valid consent search?
The consent must be voluntary and given by someone with authority over the area to be searched.
What is the “third-party consent” rule?
A person with common authority over an area can consent to a search, but if one party with equal authority is present and objects, the search cannot proceed based on consent alone.
What is the “exigent circumstances” exception to the warrant requirement?
Officers can enter a home without a warrant if they have probable cause and believe immediate action is necessary to prevent harm or the destruction of evidence.
What are the rules for searching abandoned property?
Officers can search abandoned property without a warrant because the person has relinquished any reasonable expectation of privacy.
What are the rules for searching garbage?
Once garbage is placed outside the curtilage for collection, the homeowner loses any reasonable expectation of privacy, and officers can search it without a warrant.
What are the rules for searching open fields?
Open fields are not protected by the Fourth Amendment, and officers can search them without a warrant.
What is the “plain feel” doctrine?
During a lawful frisk, if officers feel an object that is immediately apparent as contraband, they can seize it even if it is not a weapon.
What are the rules for searching vehicles incident to arrest under Arizona v. Gant?
Officers can search the passenger compartment if the arrestee is unsecured and within reach of the car, or if there is reason to believe evidence related to the crime of arrest is in the car.
What are the rules for entering private premises to make an arrest under N.C.G.S. 15A-401(e)?
Officers must have a valid arrest warrant, reasonable cause to believe the person is present, and must give or attempt to give notice of their authority and purpose to an occupant.
What is required for conducting a search of electronic devices?
A warrant must specifically describe the electronic devices to be searched and the data to be seized.
What is the “motor vehicle exception” to the warrant requirement?
Officers can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime and it is in a public place.
What is the role of an officer’s observations in establishing reasonable suspicion or probable cause?
Officers’ observations, in light of their training and experience, can provide specific and articulable facts to establish reasonable suspicion or probable cause.
What is the difference between “reasonable suspicion” and “probable cause”?
Reasonable suspicion is a lower standard, requiring specific and articulable facts suggesting criminal activity, while probable cause requires a fair probability that a crime was committed and the suspect committed it.
What is the “public safety exception” to the exclusionary rule?
Evidence obtained during a situation where immediate action is necessary to protect public safety is admissible even if it was obtained without a warrant or Miranda warnings.
What is required for a valid anticipatory search warrant?
The warrant must describe specific triggering events that must occur before the search can take place, and these events must be ascertainable and preordained.
What are the limitations of landlords giving consent for searches of rental properties?
Only tenants, not landlords, can consent to searches of rented properties unless the property is abandoned.
What is the “totality of the circumstances” approach?
Considering all the facts and context to determine probable cause or reasonable suspicion.
What is the difference between an arrest warrant and a search warrant?
An arrest warrant directs law enforcement to take a person into custody, while a search warrant authorizes the search of a specific place for specific items.
What is the difference between a criminal summons and a citation?
A criminal summons charges a crime and orders the accused to appear in court, while a citation directs a person to appear in court for a misdemeanor or infraction.
