Arrest, Search, & Seizure Flashcards
Incident to lawful arrest case:
Chimel v. California
Glove compartment case:
Arizona v. Gant
A warrantless search of a Readily mobile motor vehicle case:
Carrol v. United States, Carrol Doctrine
An open field begins when:
curtilage surrounding a dwelling ends.
A landlord _______ consent a search of a dwelling that is rented.
may not
The officer must be lawfully present to see what they see and it must be immediately apparent to the officer that what they see is contraband or somehow connected with criminal activity.
Plain View
The three classifications of interactions between peace officers and persons are:
- Consensual Encounters
- Investigatory Stops/ Detentions
- Arrests
Arrest is justified by the __ Amendment if there is probable cause.
4th
A peace officer’s purpose or intention to take a person into the custody of the law.
Intent
By the person to be arrested of the officer’s intention to arrest.
Understanding
Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense.
Temporary Detention
A frisk includes:
- A pat down of the entire body, but the outside of clothing only at the beginning of the frisk.
- A limited search of the passenger compartment of a motor vehicle for weapons.
The purpose of a pat down or frisk is to look specifically for:
-Weapons
Area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house.
Curtilage
The purpose of this rule is to deter police misconduct. Therefore, 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.
Exclusionary Rule
