A.S.S. Flashcards
Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away. Also which course case does this include?
Consensual Encounters
Florida v. Royer
The Temporary seizure of a person for investigation based on an officers reasonable suspicion of criminal activity.
What case does this include
Investigatory Stops/Detentions
Terry V. Ohio
Take Persons into custody for purposes of charging them with a crime based on an officers establishment of probably cause.
What case does this include?
Arrests
U.S. v Mendenhall
What are the 3 classifications of interactions between Peace officers and persons?
Consensual Encounters
Investigatory Stops/Detentions
Arrests
What are the 4 elements that have been used by courts to determine whether an arrest has occurred?
Intent
Authority
Actual Seizure
Understand
A peace officer’s purpose or intention to take a person into the custody of the law.
Intent
The peace officer’s arrest must be made under real authority. This means the officer is authorized by law to make an arrest and the arrest is supported by probably cause.
Authority
The person arrested is taken into custody either by physical force or by submission to assertion of authority.
Actual Seizure
By the person to be arrested of the officer’s intention to arrest.
Understanding
Person arrested and taken into custody either by physical force or by submission to assertion of authority.
Actual Seizure
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.
Constructive Custody
Who uses the elements of an arrest?
The courts
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
Restraint
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.
Custody
What amendment must an officers 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
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.
Warrant of an Arrest
Persons who have been lawfully detained are under no obligation to answer questions posed by officers.
Which 2 Cases deal with this?
Brown V Texas
Adams V Williams
A _______ of the outer clothing of a person whom you have stopped
pat-down
A limited search of the passenger compartment of a motor vehicle for weapons deals with which case?
Michigan V Long
Weapons found during a frisk can be _____ and arrests made.
seized
Sufficient articulable facts and circimstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude criminal activity is afoot
Reasonable Suspicion
An officer may arrest for the offense which the __________ leads the officer to believe is occurring or has occurred.
Probably Cause
Fruits of the Crime tools of the crime Contraband Mere evidence Property subject to forfeiture
Evidence
The warrant must specify the items to be searched for and the specific location of the search.
Search Warrant
Police officers are generally required to___________ their presence, authority, and purpose before entering premises to execute a search warrant
Knock and Announce
If officers knock and announce but are refused entry, officers may forcibly enter the premises.
U.S. V Banks
Holds that a warrantless search of a readily mobile motor vehicle by a peace officer who has probably cause to believe that the vehicle contains incriminating items subject to seizure in not unreasonable under the 4th amendment.
Carroll Doctrine
Carroll V U.S.
_____ is generally considered to be that 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 person granting consent remains in control of the search and may limit the scope of the consent or revoke it entirely.
Consent Search
any person has the right to prevent the consequence of ____
theft
A hunch or feeling of intuition.
Mere Suspicion
What can a officer do with mere suspicion?
computer checks may be made of,license plates.
surveillance my occur.
can initiate police-citizen encounter.
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 instrumentalities, and the community caretaking doctrine.
Exigent Circumstances
The officer must lawfully be 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 purpose of the time is to deter police misconduct.
Exclusionary Rule
