Arrest, Search, & Seizure Flashcards
What are 3 classifications of interactions between peace officers and persons?
Consensual Encounters
Investigatory stops/detentions
Arrests
What is a consensual encounter?
What case is connected to it?
A peace officer can make contact with a citizen but citizen is free to leave at any time.
No PC / Reasonable suspicion needed
FLORIDA V ROYER
What is an investigatory stop?
What case is connected to it?
It’s the temporary seizure of a person for investigation.
Based on reasonable suspicion of criminal activity
TERRY V OHIO
What are 4 elements of an arrest?
Intent
Authority
Actual seizure
Understanding
Who uses the elements of arrest?
Courts
What is intent?
Peace officer’s purpose or intention to take a person into the custody of the law
What is authority?
Peace officer is authorized by law to make an arrest and it is supported by probable cause
What is actual seizure?
Person arrested & taken into custody either by physical force or by submission to assertion of authority
What is understanding?
The person being arrested must understand they are under arrest
When is a person arrested?
When person has been actually taken into custody or placed under restraint by an officer or person executing a warrant or person without a warrant
What is constructive custody
Words: confined, imprisoned, in custody, confinement, imprisonment
refer not only to the actual, corporeal and forcible detention of a person but also to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another and detains him
What is restraint?
The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming the right to
What does custody mean?
under arrest by a peace officer
under restraint by a public servant pursuant to an order of a court of this state or another state of the US
What are the duties of the arresting officer and magistrate?
Subject must see magistrate no later than 48 hours later
Advise subject of Miranda Rights
Read CCP 15.17 to review
What amendment must an officer respect?
5th amendment
Citizen’s right against self-incrimination
What 3 case laws cover the 5th amendment?
Miranda V Arizona
Maryland V Shatzer
Creager V State
What is a warrant of arrest?
Written order from a magistrate, directed to a peace officer or someone else names, commanding them to take the body of the person accused to be dealt with.
What are requisites of warrants?
Issues in the name of “The State of Texas”
Name the person who is to be arrested (or detailed desc if unidentified)
List the offense accused of
Must be signed by magistrate and have his office named
When can a magistrate issue a warrant/summons?
In any case in which he is by law authorized to order arrest
When person shall make oath before him that against another person’s crime
What is a complaint?
Affidavit made before the magistrate/district/county attorney that states the charges accused of
What are requisites of complaint?
Must state the name of accused (or detailed desc)
Show the PC/ elements of the crime accused
Must have time and place of offense
Must be signed by affiant
What warrant extends to every part of the state?
All warrants signed (except by a mayor of incorporated city or town)
What if warrant is issued by another magistrate?
It be endorsed by a judge of a court of record
If endorsed by another magistrate - “Let this warrant be executed in the county of…” OR “Let this warrant be executed in any county of the State of Texas”
How is a warrant executed?
Arresting officer SHALL without unnecessary delay take the person before a magistrate
What if arrest is for out-of-county offense?
Subject SHALL be taken in front of magistrate in county they were arrested in
Magistrate shall take bail (if allowed by law) & immediately transmit the bond to court that has jurisdiction of warrant
If fine only arrest - magistrate takes fine money
When to make notice of arrest for out of county warrant
If person can’t make bail - magistrate must notify the county where offense was
Also if any further charges
IF NO OTHER CHARGES they have 72 hours to extradite subject
When is a person arrested?
When they have been placed under restraint or taken into custody (with or without warrant)
What time can an arrest be made?
Any time of day or night / any day
What force may be used?
All force necessary but not greater than force faced
What authority to arrest must be known?
Have to have authority to execute arrest
Know what offense it’s for & tell subject
What is a capias?
A writ that is issued by a judge and directed “to any peace officer of the State of Texas”
When can you break down a door?
In case of a felony IF refused admittance after giving notice of authority
Sum up Steagald V U.S.
Limitations on executing third party arrest warrants
Steagald feels the PD forced entry in Georgia
What is mere suspicion?
A hunch or feeling of intuition
What can peace officers do with mere suspicion?
Run LP
Surveillance
Initiate police/citizen contact (citizen can walk away)
Use it to attempt to find PC to detain
What are the 2 different types of probable cause?
One is search
One is arrest
When does PC to search exist?
What case law?
When the facts and circumstances within the Ofc’s knowledge / reliable tip to believe that seizable property would be found
Carroll V U.S.
When does PC to arrest exist?
What case law?
When the facts and circumstances within the Ofc’s knowledge / reliable tip makes them believe an offense occurred.
Brinegar V U.S
Sum up Beck V Ohio
If subjective good faith alone (of PC) were the test, the protection of the 4th Amend would evaporate, and the people would be secure in their persons, houses, papers, and effects’ only in the discetion of the police.
List some types of facts/circumstances that can be used to establish PC
High crime area Time of day/night & location Furtive acts abnormal demeanor Ofc's knowledge/experience clothing
What is reasonable suspicion?
By the court - defined as sufficient articulable facts/circumstances that would believe an Ofc a crime has occurred
What is temporary detention?
Name the case law attached to it
Holding a person for a limited time who is not yet answerable to a criminal offense
TERRY V OHIO
What are elements required for temporary detention?
Name case laws attached to it
Reasonable suspicion that some activity out of the ordinary is/has taken place
Indication to connect the person detained to suspicious activity
Indication the suspicious activity is related to an offense
Ofc can interview person to see if offense occurred
Person isn’t required to give name unless detained lawfully
BROWN V TX
ADAMS V WILLIAMS
What is frisking?
A “pat down” of outer clothing to protect the Ofc’s safety
Not a fishing expedition
Permitted anytime as long as Ofc can articulate it
Terry V Ohio
What can be seized by Ofc during frisk of a person?
Ofc can retrieve a weapon
In vehicles searches what is limited?
Vehicle searches are limited of the passenger compartment for weapons only
MICHIGAN V LONG
Plain touch/feel
It must be immediately apparent by touch or feel to use contraband found in court
MINNESOTA V DICKERSON
What is search defined?
It’s generally defined as an examination or inspection of a location, vehicle, or person by LE Ofc for the purpose of locating objects or substances relating to or believed to relate to criminal activity
What is evidence?
Anything to be offered in court to prove the truth of facts at issue in a case.
What are objects of evidentiary value?
Fruits of the crime Tools of the crime Contraband Mere evidence Property subject to forfeiture pursuant to Ch 59 CCP
What is a search warrant based on when it’s issued?
Based on probably cause
What must a search warrant specify?
The items to be searched for and the specific location to search
What is a search warrant?
Written order, issued by magistrate and directed to peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver the film
What may a search warrant be issued to search and seize?
Property taken from theft Property designed for an offense Items for riots Prohibited weapons Gambling devices Obscene materials Drugs, things for drugs Items used in a crime Contraband Electronic data Persons
When can a search warrant be issued for photographing a child?
When they are alleged to be the victim of a crime
FRANKS V DELAWARE
When can a warrant be issued for the arrest of a person?
If the facts presented to the magistrate establish the existence of PC that the person has committed an offense
What are the contents of a warrant?
“The State of Texas”
The person’s identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched
The command any peace Ofc
Subject to order of court
CCP 47.01
an officer who comes into custody of property alleged to have been stolen shall hold it subject to the order of the proper court only if the ownership of the property is contested or disputed.
What is the purpose of “knock and announce”
Name the case law
To reduce the risk of violence inherent in any unannounced entry
Protect privacy by reducing the risk of entering the wrong premises
Prevent property damage (Holtz & Spencer)
WILSON V ARKANSAS
What does the court require peace officers to do after the “knock and announce”
They are to wait a “reasonable time under all the circumstances” before entering
UNITED STATES V BANKS
What are the exceptions for the “knock and announce”
A “reasonable suspicion” it would:
present a threat of physical violence due to criminal history
Be futile or a “useless” gesture
Result in likelihood evidence would be destroyed
What is Hudson V Michigan
The Supreme Court acknowledged that this showing by peace officers to demonstrate “reasonable suspicion” before entering is “not high”
Explain search incidental to lawful arrest
Person may be searched
Area immediately around the person may be searched
IF evidence directly relating to crime can be found in passenger compartment then it may be searched
Name 3 case laws related to search incidental to lawful arrest
Chimel V California
New York V Belton
Arizona V Gant
What is the “Carroll doctrine”
Holds that a warrant-less search of a readily motor vehicle by a peace officer who has PC to believe that the vehicle contains incriminating items subject to seizure is not unreasonable under the 4th amendment
CARROLL V U.S.
Explain U.S. V Chadwick
The warrantless search of a motor vehicle is permitted by the court because persons have a lessened expectation of privacy in a motor vehicle due to its inherent mobility and the face that it is driven on public roads where its occupant and contents are open to view
What does the 4th amendment not protect
Open fields
It begins where the curtilage surrounding a dwelling ends
What case law refers to consent to search?
Schneckloth V Bustamonte
Who may give consent to search?
Only a person with possessions or proprietary interest in the place to be searched
Parent / Child – consent to search?
Parents may consent to the search of a minor’s room
With the exception if parents have given child consent to locking the room & making it their area only
Spouses – consent to search?
Each spouse generally consents to a search of the entire premise
If one says yes & one says no then you can NOT search
Roommates – consent to search?
They can consent to their own rooms only
Landlord / Tenant – consent to search?
A landlord may NOT consent to the search of a tenant’s resd
Hotel / Motel – consent to search
Clerks can not consent to searches of paid rooms
Employers – consent to search
Generally controlled by the presence or absence of a policy putting the employee on notice of her diminished privacy expectations
Schools – consent to search
School administrators operate under a less rigorous standard than do peace ofcs
however, Ofcs assigned to schools do not enjoy the same lesser standard
Case laws connected to consents to search (7)
U.S V Robinson U.S. V Edwards California V Acevedo Payton V New York Lippert V Texas U.S. V Matlock Bumper V Carolina
What is abandoned property?
Voluntarily discarded, left behind, or otherwise relinquished his interest in the property in question so that he could no longer retain a reasonable expectation of privacy with regard to it
(no search has occurred)
U.S. V COLBERT
When does a search occur?
When “an expectation of privacy that society is prepared to consider reasonable is infringed.
U.S. V JACOBSEN
What determines the abandonment is the intent of the person leaving behind the property?
If the intent was to relinquish all title, possession, or claim to that property
COMER V STATE
What is exigent circumstances?
An emergency requiring immediate medical or police assistance
The imminent destruction of evidence that is easily lost or destroyed
The presence of dangerous weapons or instruments
The community care taking doctrine
Is a crime scene a exigent circumstance?
No, you must get a warrant
MINCEY V ARIZONA
FLIPPO V W. VIRGINIA
Is serious injury a exigent circumstance?
Yes, you may enter without a warrant to render emergency assistance to an occupant or protect an occupant from serious injury
BRIGHAM CITY, UTAH V STUART
Is preventing a person from entering a home a exigent circumstance?
No. If you have PC to believe a person has hidden contraband in the home you may prevent them from entering the home while you get a warrant
ILLINOIS V MCARTHUR
Is preventing imminent destruction of evidence an exigent circumstance?
Yes, officers may enter the resd to prevent the destruction of evidence
MCNAIRY V STATE
Is dangerous weapons / instruments being present an exigent circumstance?
Yes, if Ofc have PC to believe dangerous weapons are present, or was used or if someone needs assistance they can enter without warrant
US V GOOD
US V LINDSEY
Is community caretaking an exigent circumstance?
Yes, it’s similar in application to the emergency aid doctrine wherein an Ofc enters to render aid to a person in need
WRIGHT V STATE
What are the 2 prerequisites for Plain View Doctrine
Ofc must be lawfully present to see what they saw
It must be immediately apparent to the Ofc that is is contraband or somehow connected to criminal activity
HORTON V CALIFORNIA
When does an impoundment occur?
When Ofc takes possession of a vehicle and move it to a police lot or garage for safekeeping rather that leaving it unattended
What case laws has to do with inventorying a vehicle?
South Dakota V Opperman
Benavides V States
What is the purpose of exclusionary rule?
To deter police misconduct
Basically keeps any info that was gotten unlawful to be held against the person
MAPP V OHIO
What is fruit of the poisonous tree doctrine?
It extends the exclusionary rule to evidence not only directly obtained as a result of unconstitutional police behavior but also to evidence indirectly obtained
SILVERTHORNE LUMBER CO V U.S
Name the case laws involving evidence not to be used (5)
State V Daugherty US V Leon Massachusetts V Sheppard Illinois V Krull Howard V State
