Arrests Flashcards
seizure
exercise of control by governemnt
probably cause and arrests
Rule - PC exists when a reasonably prudent person would believe that a suspect has committed or is committing a crime
arrests NEED PC
arrest in home requires an arrest warrant which requires PC
station house detention - PC needed to compel to come to the station for finger print and interrogation
unlawful arrest
no impact on subsequent criminal prosecution
terry stops
T stop - stop someone briefly w/o PC
rule - must have REASONABLE SUSPICION supported by ARTICUABLE FACTS
reasonable suspicion - more than vague suspicion but less than probable cause. totality of circumstnaces
informant tips
if reasonable suspicion based on this must be INDICIA OF RELIABILITY
Auto stops
Need reasonable suspicion
sniff is not a search
dog alert = PC
DOGS AND CARS ONLY no home
auto stop = seizure of all occupants
Roadblocks are const. so long as not discrimin applied
if auto lawful stop then can order ppl out car
as long as stop is legal, it’s all legal. officer intent not matter