Arrest, Search & Seizure

Question 1

An arrest may be effected how?

Answer 1

An arrest may be effected ACTUALLY or CONSTRUCTIVELY.

Question 2

An actual arrest occurs when a duly empowered law enforcement officer does what?

Answer 2

Intentionally employs physical force AND gives a formal communication of a present intention to arrest.

Question 3

The United States Constitution’s Fourth Amendment is THE FOUNDATION OF CRIMINAL LAW, which articulates both the rights of persons and the responsibilities of law-enforcement. What rights do the fourth amendment provide?

Answer 3

The right of the people to be secure in their Persons, houses, papers, and effects, against unreasonable searches and seizures, Shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 4

To determine whether an arrest has taken place, a court will do what?

Answer 4

A court will apply an OBJECTIVE STANDARD, Focusing on the reasonable impression conveyed to the person subjected To the apprehension and detention.

Question 5

In United States v. Mendenhall (1980), to determine whether an arrest had taken place, in view of all the circumstances surrounding the police-citizen encounter, the relative inquiry was what?

Answer 5

Whether a reasonable person would have believed he was free to leave at the conclusion of the officer’s inquiry.

Question 6

In State v Bruzzese (1983), The proper inquiry for determining the constitutionality of a search and seizure is whether the conduct of the law Enforcement officer who under took the search was what?

Answer 6

Objectively reasonable, with regards to his or her underlying motives or intent.

Question 7

In our New Jersey Constitution, which provision parallels the Fourth Amendment?

Answer 7

Article I, paragraph 7

Question 8

In State v. Fariello (1976), New Jersey follows the common law of arrest which permits a police officer to affect what?

Answer 8

A warrantless arrest when he has probable cause to believe that a crime has been or is being committed, and that the person to be arrested has committed or is committing it.

Question 9

Define: de facto arrest.

Answer 9

An arrest without Physical force or verbal command. It is implied.

Question 10

To determine whether a police-citizen Encounter has elevated into a full-blown Fourth Amendment arrest, courts will consider which 10 factors?

Answer 10

“Ask” the
BLONDI CoFFH DR
(for full blown arrest factors)

1. • the BASIS for
2. • the LOCATION
3. • the OFFICERS’ STATEMENTS
4. • NUMBER of officers/DEMEANOR
5. • were the INVESTIGATIVE methods least intrusive
6. • was it CoNSENSUAL
7. • type of FORCE used
8. • degree of FEAR or HUMILIATION
9. • the DURATION
10. • extent of RESTRAINT used

Question 11

In Michigan v. Summers (1981), What is the constitutional justification for an arrest, whether on the federal or state level and whether effected with or without a warrant?

Answer 11

The constitutional justification for an arrest is PROBABLE CAUSE.

Question 12

To justify the seizure, an arrest based on probable cause serves what 4 important interests?

Answer 12

1. Ensures the suspect APPEARS in COURT
2. PREVENTS the suspect from CONTINUING his offense
3. SAFEGUARDS EVIDENCE
4. Enables officers to conduct a MORE THOROUGH in-custody INVESTIGATION

Question 13

In Virginia v. Moore (2008), Probable cause is defined as what?

Answer 13

Probable cause is generally more than “reasonable suspicion” but less than actual proof.

Question 14

In Gerstein v. Pugh (1975) probable cause “must find its place” where?

Answer 14

Somewhere above reasonable suspicion but below a preponderant level of proof.

Question 15

What is the staircase of belief and proof?

Answer 15

Stimuli

Reasonable Suspicion

Probable Cause

Preponderance

Clear and Convincing

Beyond a Reasonable Doubt

Question 16

In State v. Doss (1992), which case law rules are exemplified to justify an arrest?

Answer 16

Totality of the circumstances
and
Obstruction

Question 17

In State v. Dangerfield (2002), which case law rule is exemplified to justify an arrest?

Answer 17

Flight alone does not create reasonable suspicion for a stop.

Question 18

Which known case law discusses the constitutionality of trespass bans in public housings?

Answer 18

Virginia v. Hicks (2003).

The trespass ban does not violate the 1st Amendment. 🙄

Question 19

In State v. Gibson (2014), which case law rule is exemplified to justify an arrest?

Answer 19

Loitering and Trespassing denote different Types of conduct

Question 20

In State v. Bates (1985), which case law rule is exemplified to justify an arrest?

Answer 20

Probable cause requires a Well-grounded Suspicion

Question 21

In State v. Bates (1985), The rule of probable cause requires no more than a well-grounded suspicion or belief. In New Jersey, the courts want Police to demonstrate what 2 factors?

Answer 21

1. An offense is taking place OR has taken place; and

2. The suspect is OR was apart of it.

Question 22

In Whitley v. Warden (1971), the court agreed When police officers called upon to assist other officers in affecting the arrest, the officers are entitled to what?

Answer 22

They are entitled to assume that the officers requesting assistance had the requisite probable cause

Question 23

In State v. Bates (1985), investigating officers observed footprints near a crime scene involving the theft of a television. Officers would soon locate 2 suspects and request to see the soles of their shoes. For the inspection of the soles of the suspects shoes the court said what?

Answer 23

The Visual inspection of the soles of defendant’s shoes in no way violates the 4th Amendment

Question 24

Define “sine qua non.”

Answer 24

Latin phrase meaning: “without which not.”

Used to Identify something that is an absolute pre-requisite or condition

Question 25

In State v. Sibilia (2000), which case law rule is exemplified to justify an arrest?

Answer 25

An unnamed citizen informant can be treated as more trustworthy and reliable than an anonymous informant.