Basic Patrol Case Law Flashcards
1
Q
A police officer’s two-hour restraint of a home owner while a search warrant was being obtained (was / was not) reasonable.
A
was
The court noted that the officer had probable cause to believe there was evidence of a crime and reasonably believed that the evidence would be destroyed if the resident was left alone. Further, the police made a diligent effort to obtain the warrant as quickly as possible.
Illinois vs McArthur
2
Q
Curbside questioning of a person can be conducted without the Miranda warning as long as the person is not subjected to ___.
If the officer plans on arresting the person, but does not articulate that to the person, the plan (to arrest) has __ bearing on whether the person was “in custody” at any particular time.
A
in custody treatment
No
Berkemer vs McCarty
3
Q
A landlord (can / cannot) give consent to police to enter a tenant’s home and search it
A
cannot
Chapman vs US
4
Q
*Reasonable suspicion may exist even if “each observation” is “susceptible to an ___ explanation”
A
innocent
US vs Arvizu
5
Q
Miranda vs Arizona (Part 1)
The United States Supreme Court established an irrebuttable presumption that a statement is involuntary if made during a custodial interrogation without the “Miranda Warnings” given. The warning requirements only apply when a person is ___ and ___.
A
in custody and interrogated
6
Q
Terry v Ohio - An officer can briefly detain a person, based upon ___ ___ of criminal activity, long enough to ___ the suspicion OR to allow it to rise to the level of ___ ___ for an arrest.
A
reasonable suspicion
dispel
probable cause
Terry vs Ohio
7
Q
Terry v Ohio (Part 2): The officer is also permitted to do a limited “___” search of the person without a warrant with reasonable belief the subject is presently __ and __. Before the officer can frisk search the subject, he must:
- Have ___ facts that the person could be armed with a weapon.
- Limit the search to pat searching the ___ garments of the suspect to feel for objects that might be weapons.
- Only reach inside the clothing ___ feeling such objects.
A
frisk
Armed and dangerous
articulable
outer
after
Terry vs Ohio (part 2)
8
Q
The use of deadly force to stop a fleeing felon is not justified unless it is necessary to prevent the escape, and it complies with the following requirements:
The officer has to have ___ ___ to believe that the suspect poses a ___ ___ of death or serious physical injury to the officer or others.
A
probable cause
significant threat
Tennessee vs Garner
9
Q
An accused having expressed his desire to deal with the police only through counsel, is not subject to ___ interrogation until counsel has been made available to him, unless the accused has himself ___ further communication, exchanges, or conversations with the police
A
further
initiated
Edwards vs Arizona
10
Q
If a suspect voluntarily comes to the station for questioning, is advised that he is not under arrest, and allowed to leave after the interview, he is not “in custody” or otherwise deprived of his freedom. The Miranda warning is not required.
Miranda warnings are required only where there has been such a ____ as to render him “in custody”
A
restriction on a person’s freedom
Oregon vs Mathiason
11
Q
Police (can / cannot) ask an arrested person if he is in possession of weapons or sharp objects without giving the Miranda warnings. This is a “public safety” exception.
A
can
US vs Lackey
12
Q
EXIGENT CIRCUMSTANCES- Emergency conditions for warrantless entry into a residence
Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical ___ to the officers or other persons, the destruction of relevant ___, the ___ of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts
A
harm
evidence
escape
United States vs McConney
13
Q
US v Santana - This case established that the “hot pursuit” of a wanted FELONY suspect from a ___ place into his or her residence to make a warrantless arrest is justified.
A
public
When in “hot pursuit”, police can chase someone into their home without a warrant
14
Q
You stop to talk with a pedestrian. He smells like marijuana. Can you PC search him?
A
Yes
US v Harris
15
Q
A hotel employee (can / cannot) give consent to search a room while the guest is occupying it.
A
cannot
Stoner v. California
A hotel guest is treated like a tenant
16
Q
*When a consent to search is sought from a person not in custody, the police (are / are not) required to give the person Miranda type warnings.
Particularly, the police (do / do not) have to tell the person that he has the right to refuse the search.
A
are not
do not
Schneckloth v. Bustamonte
17
Q
Having joint authority over the premises, a third-party (can / cannot) consent to a search for evidence against the defendant. The third-party must have ___ over the particular area.
A
can
Authority
US v. Matlock
18
Q
Miranda vs Arizona (part 2). Need to read Miranda if suspect is ‘in custody’ and ‘interrogated’.
In this case, “in custody” means ___ or ___.
A
an arrest
when freedom is significantly deprived to be equivalent to an arrest
19
Q
Miranda vs Arizona (part 3) Need to read Miranda if suspect is ‘in custody’ and ‘interrogated’.
“Interrogation” is the use of words or actions to elicit an ___ response from an average person.
A
incriminating
20
Q
Do you need to get a warrant to search through someone’s trash left outside for collection outside the curtilage of their home?
“It is ____ _____ that plastic garbage bags left along a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public.
A
No. The Fourth Amendment does not prohibit the warrantless search and seizure of trash left for collection outside the curtilage of a home.
common knowledge
California v. Greenwood
21
Q
Curtilage- The area __ __ a residence that “harbors the ‘intimate activity associated with the sanctity of a man’s home and the privacies of life.’”
A
immediately surrounding
22
Q
Police, having a report of an unconscious person in a home, (can / cannot) force entry to check the welfare of the person as an exigent circumstance. Evidence found in plain view after entry (is / is not) admissible.
The Court stated, “Acting in response to reports of “dead bodies,” the police may find the “bodies” to be common drunks, diabetics in shock, or distressed cardiac patients. But the business of policemen and firemen is to act, not to speculate or meditate on whether the report is correct. People could well die in emergencies if police tried to act with the calm deliberation associated with the judicial process. Even the apparently dead often are saved by swift police response.”
A
can
is
Wayne vs US
23
Q
The officers (do / do not) need ironclad proof of “a likely serious, life-threatening” injury to invoke the emergency aid exception and make a warrantless entry into the house.
It was reasonable to believe the defendant hurt himself and needed treatment and his rage made him unable to provide it, or that someone else may be hurt, or about to be hurt.
A
do not
Michigan vs Fisher
24
Q
A suspected residential burglary (presents / does not present) an “exigent circumstance” justifying a warrantless entry of the residence to search
A
presents
Montanez v. Carvajal
25
The overnight guest at another's dwelling (does / does not) have an expectation of privacy.
does
The Steagald case applies. Olson was the driver of the getaway car used in a robbery and murder. He took refuge at a friend's house. The police entered the residence without a warrant and arrested him. He was questioned and made some admissions. The arrest was ruled to be illegal. The admissions were excluded.
Minnesota vs Olson
26
An officer must have ___ AND ___ before he can enter a suspect’s home and make an arrest without a warrant
A minor traffic offense (did / did not) justify the warrantless entry and arrest
a serious offense AND an exigent circumstance
did not
Mascorro vs Billings
(Note - can't arrest a felon inside his home without warrant or exigency = Payton v NY)
27
A finding of "mental Illness" alone (can / cannot) justify the involuntary confinement of someone who is not a danger to himself or others... and is capable of surviving in freedom by himself or with the help of willing family members/friends
cannot
O'Connor v Donaldson 1975
Donaldson was delusional and paranoid schizophrenic
Note - Remember in Oklahoma we take them into Protective Custody if (due to mental illness) they are threat to themselves/others or unable to provide for their basic needs. Just acting/being crazy is NOT enough. And that's also what this court case says
28
A mentally ill subject is inside his residence. He will not grant consent for you to enter and you do not have a warrant.
Can you enter the residence?
No, only if he/she presents a threat of IMMINENT and substantial physical harm to himself or others
Buchanan vs Main
29
Does someone have a reasonable expectation of privacy in their backyard if they have a fence up?
Yes, if a passerby walking or driving along public road could not see behind the wall.
People have a reasonable expectation of privacy in their curtilage (especially if resident has taken steps to protect area from observation from passerby - ie fence, hedges) US vs Dunn 1987
US vs Castro-Valenzuela 2018 (camera looking over fence)
30
During a search warrant, do police have the authority to temporarily detains the occupants of a house until the search is completed?
Yes
Michigan vs Summers
31
The unprovoked flight of a person, upon seeing the police, in a high crime area, (gives / does not give) the officer reasonable suspicion to chase and detain him.
gives
Illinois v. Wardlow
32
Can someone's conduct give reasonable suspicion they may be armed? (nervous, keeping putting hands in pockets)
Yes
US vs Williams
33
An officer's prior knowledge of a person's criminal behavior (can / cannot) be considered along with other facts to determine PROBABLE CAUSE even though this information cannot be used at trial.
can
Brinegar v US
Note - criminal history “cannot ALONE establish reasonable suspicion or probable cause.”
34
A search warrant (is / is not) required to search an automobile if it is parked and is NOT readily accessible by the suspect.
Example: You arrest a man out of his house. His car is parked in the driveway. Can you search that car via the Carroll Doctrine?
is
no
Coolidge v NH
Note: The keywords here are 'not readily accessible.' In this case, Police went to a man's house and arrested him. His car was parked in the driveway. They towed the car and searched it. The Court said they should not have that. The Police were not able to use the Carroll Doctrine since the man did not have access to the vehicle (thus couldn't drive away, destroy/rid evidence, etc) [Also, this doesn't apply to seized/impounded vehicles, see other cards for that]
35
A mentally ill person (can / cannot) be confined in order to improve their living conditions
[assuming not harm to self, others, and capable of surviving safely in freedom]
cannot
O'Connor v Donaldson
36
A suspect was arrested approx. 150ft. away from his vehicle. The suspect was not seen by police in or around his vehicle prior to arrest. The vehicle ( can / cannot) be searched incident to arrest because it was not in his immediate control.
cannot
US v Edwards
37
If the actions of the suspect justifies the use of deadly force, the officer (is / is not required) to use less-than-lethal force before employing deadly force.
is not required
Plaka v Drinski
38
A group of protesters is nonviolent, unarmed, not physically menacing, and no danger to themselves. Can you pepper spray them?
No
Headwaters Forest v Humboldt County
39
Someone is minimally resisting (ie holding hands behind their back making it difficult to handcuff them). Can you tase them?
No
Parker v Gerrish
40
Someone is suicidal and has a pocketknife to their throat. There is no one else around and they start backing away from you. Can you use deadly force? Why or why not?
No
Cannot use deadly force is a subject is a danger only to themselves
Glenn v Washington County
41
You arrest someone and put them in handcuffs. They actively resist getting into a patrol car. Can force be used on them? If so, how much?
Yes (must be minimal amount needed to accomplish the objective)
Gorman v Warwick Township
42
Can having cuffs on so tight that they injure the suspect be considered excessive force?
yes
McGrew v Duncan
43
Can school officials to conduct warrantless searches in conjunction with school related investigations?
Can a school official question a student without giving a Miranda warning?
yes
yes
New Jersey v TLO 1984
44
Can you make a determination in a property dispute?
Can you assist with moving property from a place?
No
No
Soldal v Cook County
45
Can you enter a home without a warrant to remove a child believed to be abused (but not in imminent danger)?
No
Roska v Peterson
46
Can you take an active role in a repossession?
NO
A police officer’s presence during a repossession solely to keep the peace
It is a violation of the Fourth Amendment if police take an active role in a civil repossession
Hensley v Gassman
47
You surround a doorway with guns drawn. You yell “police, open up.” A subject opens the door. Is that consent to enter?
Is merely opening a door consent to enter?
No, it’s coerced
No
US v Edmondson 1986
48
What circuit is Oklahoma in?
10th
49
There is no set definition for probable cause (only concepts)
True / False
True
Brinegar v. US
"The rule of probable cause is a practical, nontechnical conception affording the best compromise that has been found for accommodating . . . often opposing interests. Requiring more would unduly hamper law enforcement. To allow less would be to leave law-abiding citizens at the mercy of the officers' whim or caprice."
50
A felony has been committed. There is only one witness / victim. Can you get probable cause from the one statement?
Yes if their information is REASONABLY TRUSTWORTHY
Probable cause exists where "the facts and circumstances within an officer's knowledge and of which they had reasonably trustworthy information is sufficient in themselves to warrant a man of reasonable caution in the belief that" an offense has been or is being committed
Carroll vs US
51
Does merely opening their door in response to Law Enforcement mean they have granted consent for LEOs to enter?
No
Shepherd v Davis 2008
52
Do you need to give Miranda type warnings to ask consent to search from a person not in custody?
No
Schneckloth v Bustamonte
53
Can a person in custody grant consent to search?
Can you give consent to search while under arrest?
Do you need to read Miranda first?
Yes (US v Watson, State (OK) v Kemp)
Yes (US v Watson, State (OK) v Kemp)
NO (Cannon V State, Rowbotham v State, Travis white email 1/31/22)
54
During a Terry frisk, if you suspect you feel a weapon, can you further manipulate that suspect weapon to make a determination if it is a weapon or not?
During a Terry frisk, if you feel an object you IMMEDIATELY KNOW is contraband (ie drugs), can that object be seized?
During a Terry frisk, if you feel an object you suspect may be contraband (ie drugs), can you further manipulate that object to determine if it is contraband or not?
Yes
Yes (Minnesota v Dickerson)
No, must immediately know is contraband, cannot further manipulate unless you believe it is a weapon (Minnesota v Dickerson)
55
A person's criminal record (can / cannot) be used as an element of probable cause for an arrest. It, however, cannot be the main reason for an arrest.
An officer (can / cannot) couple knowledge of prior criminal involvement with more concrete factors in reaching a reasonable suspicion of current criminal activity.
can (Beck v Ohio)
can (US v Sprinkle 1997)
56
Residence consent search. Area of common authority.
One party consents, one objects. Objector is physically present. Can you still search?
Objector is no longer present (ie absent due to lawful arrest by police and taken away). Can officers return and get consent from the remaining party?
No
GA vs Randolph 2006
Yes
Fernandez v CA 2014
57
Officers observe an ongoing physical fight inside a residence.
Do you need to wait outside until one of the belligerents is rendered unconscious or semi-conscious?
No
The role of a peace officer includes preventing violence and restoring order, not simply rendering first aid to casualties
Brigham City v. Stuart, 547 U. S. 05-502(2006)
58
An arrest warrant (carries / does not carry) with it the implied consent to enter the place where the suspect lives when you have reason to believe he's there right now
carries
Payton v NY
59
An arrest warrant (does / does not) carry the same authority to enter a residence where the suspect does NOT reside, regardless of how certain you are that he's inside right now
does not
Steagald v US
Entry into a third party residence residence to arrest a non-resident requires either consent, a SEARCH warrant, or an exigency
60
You have someone RS detained. Can you involuntarily transport them to another location?
What about to the PD?
No, not without PC (Dunaway v NY)
Absent probable cause or judicial authorization, a person cannot be involuntarily transported from a place in which they are entitled to be to another location and detained, even briefly, for investigative purposes
No (Hayes v Florida) not without PC (must be under arrest)
61
You have an arrest warrant for someone. Does this allow you to enter their house?
Yes IF
1. It is their residence
2. You reasonably believe they are inside
Payton v NY
Note - if they are in a third party residence, would need a search warrant for that specific address
62
A vehicle secured by police and held as evidence or for forfeiture (can / cannot) be searched anytime it is in their custody without obtaining a search warrant.
can
Cooper v. California 1967
63
Can a parent grant consent to search an adult child's room?
Yes (unless there is an agreement/understanding between the parent and the child that the parent must obtain permission before entering the child’s
room)
The parent is presumed to have ‘control for
most purposes over the property and therefore actual authority to consent to a search of the entire
home
U.S. v. Guillen, 20-2004 (10th Cir. 2021.)
64
A person has been seized within the meaning of the 4th Amendment when __ __ is used to restrain movement or when a person ___ to an officer’s show of authority
Physical force
Submits
CA v Hordari 1991
65
1. Do you have to give an explicit waiver? (Asking an in-custody suspect, after being read the Miranda warning, "are you willing to answer any of my questions?")
2. If they remain silent after you read them Miranda, can you start asking questions?
No
NC v Butler 1979 - an explicit waiver is not required. When an in-custody suspect begins answering interrogative questions after being given a Miranda warning, it can be implied that he has waived his Miranda rights
Yes
Berghuis v Thompkins 2010 - an officer need not obtain a waiver before initiating questioning and remaining silent in the face of police questioning is not an invocation of the right to silence
66
The court held that an ongoing fight with even a minor injury was a sufficient exigency to excuse the warrant requirement, under the "____"
"Law enforcement officers may enter a home without a warrant to render emergency assistance to an __ occupant or to protect an occupant from ____ injury”
emergency aid doctrine
injured, imminent
Brigham City v. Stuart 2006
67
Can you use criminal history to build reasonable suspicion?
Yes. State v Lewis 2021
‘Prior criminal history can be a “powerful contributer” to an officer’s reasonable suspicion’ US v Moore 2015
However, criminal history alone cannot create reasonable suspicion to prolong a traffic stop. In conjunction with other factors, criminal history is one factor that can justify further detention… US v Davis 2011
68
Can you lie to a suspect to illicit a confession?
Yes
Frazier v Cupp 1969
69
In Oklahoma, do you need to Mirandize an in-custody individual prior to asking consent to search?
No
Rowbotham v State (1975), Cannon v State (1995). See Travis White Email 1/31/22
Also, US v Rodriguez-Garcia 10th CIR 1993: As the Tenth Circuit has recently observed, "every federal circuit court which has addressed the Miranda issue presented here has reached the conclusion that a consent to search is not an incriminating statement."
70
Someone has invoked their right to counsel. Can you ask consent to search?
No
(See Travis White email 1/31/22)
71
Arrest warrant. Are you required to actually view the suspect on the premises before entering?
No, only must reasonably believe within
US v Gay 10th 2001
72
Can a K9 sniff a parked car in a public parking lot?
Can a K9 conduct a sniff on curtilage of a residence?
Yes (US v Ludwig 10th 1993)
No (FL v Jardines 2013)
73
Can an ordinary object be considered a dangerous weapon?
Yes, if used in a manner which may cause death or great bodily harm
Diaz v State 1986
74
The Fourth Amendment's automobile exception (does / does not) permit a police officer without a warrant to enter private property to search a vehicle parked a few feet from the house.
Does not
Collins v Virginia
..the Court held that its own Fourth Amendment jurisprudence regarding the home and the "curtilage" of one's home (the area immediately surrounding it) clearly prevents officers from entering and searching without a warrant, even if the object searched is an automobile
75
Offender has simple possession of more than one type of drug. Can you charge with separate crimes?
No
Fleming v State 2014
21 OS 11
Travis White pdf
Exception - You can charge with separate offenses if in separate containers (note - same pocket different baggies doesn't count)
76
Can a lawyer or family member invoke a suspect’s Mirana Rights for them?
No
(Unless Parent / Child relationship)
77
You have reasonable suspicion a person is involved in criminal activity.
Can you detain them?
Can you use force to detain them?
What if they are simply trying to walk away - could you use force then?
Yes (Terry v Ohio)
Yes (US v Dotson)
Yes (Gallegos vs City of Colorado Springs)
78
"(The 'emergency aid exception') requires only an objectively reasonable basis for believing that a person within the house is in need of ___ ___"
""It sufficed to invoke the emergency aid exception that it was reasonable to believe that Fisher had hurt himself (albeit nonfatally) and ___ ___ that in his rage he was unable to provide."
"Officers (need / do not need) ironclad proof of a likely serious, life-threatening injury to invoke the emergency aid exception."
immediate aid
needed treatment
do not need
Michigan v. Fisher 2009
79
You arrest and handcuff a suspect. Without Miranda, can you ask “Do you have anything illegal on you? Do you have any weapons, guns, knives, or anything that’s going to poke me or stick me?”
Yes
US v Cartwright 2010 US Dist LEXIS
(Because public safety exception)
Note - I probably wouldn’t say the “illegal” part or ask about drugs
80
Is possession of stolen property sufficient proof of ‘knowledge’?
No, have to prove DEF had reasonable cause to believe property stolen (or actual knowledge)
Gentry v State 1977
(Note, things that could help - other stolen property found, no explanation, sold at very low price, recency of theft (a few minutes), location, time of night)
81
Belligerent suspect is holding a gun. Told to drop and refused. Do you have to wait until he points the gun at you?
No
Garcia v Blevins 5th CIR 2020
“It was undisputed Garcia could have quickly pointed in at officers. The court stated, ‘ we have never required officers to wait until a defendant turns toward them, with weapon in hand, before applying deadly force to ensure their safety’”
82
Arrest warrant. You have reason to believe they are inside their residence. To forcibly enter, does it need to be a misdemeanor or felony?
Can be either
Arrest warrant will authorize entry when
1. reason to believe person is inside right now
2. reason to believe the person lives there
Payton v NY 1980
(note if misdemeanor, check service hours)
United States v. Clayton, 210 F.3d 841, 843 (8th Cir.2000) (holding that a valid misdemeanor arrest warrant “carries with it the authority to enter the residence of the person named in the warrant in order to execute the warrant so long as the police have a reasonable belief that the suspect resides at the place to be entered and that he is currently present in the dwelling”).
83
Officers take John into custody and give him the Miranda warnings. He tells them that he wants to remain silent and wants counsel present. But after a few minutes of riding in the squad car in silence, he starts to talk about what happened. The police give him the Miranda warnings again and then ask him questions.
Will the statements after the second set of Miranda warnings be admissible?
Yes
A defendant's statements after asserting Miranda may be admissible if THE DEFENDANT initiates the conversation. BUT that's only if the police give a fresh set Miranda of warnings once the discussion picks up.
(Edwards v Arizona)
84
You arrest a woman for warrants. She is wearing a purse. You remove the purse then handcuff her.
Can you search the purse incident to arrest?
Can you conduct an inventory of the purse, assuming it is going with her to jail?
(this question assumes no PC to search the purse)
No ("Police may search incident to arrest only the space within an arrestee’s 'immediate control'". Chimel v CA, AZ v Gant). So, if she is handcuffed, she can no longer access the purse.
Yes (If the purse is going with her to jail, an inventory search of the purse may be conducted prior to taking her to jail. Illinois V Lafayette)
Note - I made this flashcard so you write your PC Affidavits correctly. You can search the purse, but need to correctly state why, or the case might get thrown out.
85
Can lack of smoking paraphernalia be evidence of Possession with Intent to Distribute?
Yes
Lane v State RE-2016-1056
86
*In conjunction with other factors, criminal history contributes ___ to the reasonable suspicion calculus.
powerfully
United States v. Simpson, 609 F.3d 1140 (10th Cir. 2010) cited in US v White 10th CIR 2009 citing US v Santos 10th CIR 2005
87
"___ and ___ nervousness, however, is entitled to somewhat more weight."
"___ nervousness is a relevant factor in the totality of the circumstances analysis.”
extreme and persistent
extreme
US v Simpson 10th CIR 2010
88
"A consent to search (is / is not) a self-incriminating statement"
is not
US v Hildago 1993
89
A suspect invokes Miranda. A few minutes/hours later they then change their mind and decide they want to talk. Can you now question them? If so, under what circumstances?
Yes, IF you give a second Miranda warning
Edwards v Arizona
Important note - They must initiate the conversation
90
Does probable cause mean the probability needs to be greater than 50%?
No
"In short, the requisite fair probability is something more than a bare suspicion, but need not reach the fifty percent mark"
US v Garcia 5th CIR 1999
"Probable cause for a search warrant does not require an officer's suspicion about the presence of contraband to be more likely true than false"
US v Ruiz 10th CIR 2012
Over 51% percent would be ‘preponderance of evidence’, which is a different burden of proof (more likely than not)
91
You see someone walking in a high crime area. Is that reasonable suspicion to stop them?
No, need additional factors
In Brown v Texas 1979, Officers observed someone walking who "looked suspicious" in a high crime area and RS stopped them based on only that. Court found improper
Note - The problem was Officers could not articulate why he looked suspicious nor articulate any other facts. (Just one or two more things would have been enough, but not simply walking. IE nervous and averted gaze, walking quickly away, appeared to have met briefly with another party, lateness of hour...
92
Entrapment is, “When the criminal design originates, not with the accused, but is conceived in the mind of the government officers, and the accused is by ___, deceitful representation, or inducement ___ into the ____ of a criminal act, the government is estopped by sound public policy from prosecution therefor.”
persuasion
lured
commission
Sorrells v US (USSC) 1932
93
Can officers use their training and experience to build probable cause?
"A trained officer draws inferences and makes deductions—inferences and deductions that might well elude an ___ person."
"Finally, the evidence (of probability) thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of ___ ___."
Yes
"At that point the officers had probable cause premised upon their training and experience, and from what they saw. They observed what they considered to be contraband, and were not acting out of suspicion alone." Ellison v State (OK) 1972
untrained
US v Cortez USSC 1981
law enforcement
US v Cortez USSC 1981
94
Can you use your training and experience to identify drugs?
Yes
"The evidence of the State was sufficient to prove that the substances found in defendant's house were marijuana. The State introduced testimony from the arresting officers as to their specialized knowledge, acquired through study and practice, in the field of narcotics. The arresting officers were of the opinion that the substances found in defendant's house were marijuana." Davenport v State (OK) 1973
"...the Sheriff's identification of marihuana by its morphological characteristics is sufficient to show probable cause for arrest" Cory v State 1975
US v Cook 10th CIR 1991: "Although Officer McCrory did not conduct a field test on the substance that the confidential informant brought to him from Mr. Cook's apartment, he had been trained to recognize cocaine and had been personally involved in numerous cocaine arrests"
95
You have facts to believe an item may be evidence of a crime, but you are not 100% certain that it is. Can you seize it?
(Example: Methed out guy in possession of debit/credit cards with various names)
Yes
"A police officer need not "know" that a certain item is evidence of a crime in order to seize it, but need only have probable cause to believe that it may be useful as evidence of a crime."
Payne v State (OK) 1987 citing Texas v Brown 1983
96
Arrest warrant. Does the address on the warrant mean that’s the only place that can be considered the fugitive’s residence?
No
A note about addresses on arrest warrants: Under the Fourth Amendment, addresses on arrest warrants are legally INSIGNIFICANT for purposes of entry into a residence. Addresses are put on arrest warrants to help ensure the correct person is arrested. That is the only reason addresses are put on arrest warrants. The address on the arrest warrant has nothing to do with granting authority to enter that particular residence. Addresses are put on SEARCH warrants to help ensure the correct place is searched. For example, if you are outside a residence where you know the person to be arrested lives and you know he’s inside right now, you can enter with the arrest warrant in hand, even if the address on the arrest warrant is a DIFFERENT address than the one you are intending to enter.
97
Do you have a legal obligation to stop someone from killing themselves?
No
"If the state restrains an individual's freedom to act to protect himself or herself through a restraint on that individual's personal liberty, the state may thereby enter into a `special relationship' during such restraint to protect that individual from violent acts inflicted by others. Absent involuntary restraint, however, no duty to protect arises under the special-relationship theory. 'The affirmative duty to protect arises not from the State's knowledge of the individual's predicament... but from the limitation which it has imposed on his freedom to act on his own behalf.'"
Armijo v Wagon Mount Public Schools 10th CIR 1998, cited in Christiansen v City of Tulsa 10th CIR 2003
98
For 4th Amendment purposes, is there a distinction between an arrest warrant and a bench warrant?
Does an arrest warrant or bench warrant carry with it the implied authority to enter an arrestee's home to effect the arrest when there is a reason to believe he's presently inside?
Is the nature of the underlying offense (ie felony or misdemeanor) or the type of warrant (bench or arrest) relevant?
No
Yes
No
US v Gooch 9th CIR 2007 (Officers entered without consent for a misdemeanor bench warrant. Court allowed, citeing Payton and other cases)
99
Arrest warrant. Can you force entry? (Assuming it is suspect's residence and you reasonably believe they are inside)
Can you force entry on a search warrant?
Yes. Payton v NY. Also, US v Vasquez-Algarin 3rd CIR 2016 elaborates on the Payton decision and states "law enforcement officers are required to have probable cause to believe their suspect resides at and is present within the dwelling before making a force entry"
Yes. Discussed in detail in US v Vasquez-Algarin 3rd CIR 2016 which states "the Court’s reasoning in Steagald makes clear that its determination of the legality of a forced home entry in this context turns on whether the officer has the benefit of some type of probable cause determination by a neutral arbiter, be that by way of an arrest warrant or search warrant."
100
Can protective sweeps be done outside incident to an arrest?
Two types of protective sweeps + when can do
No. Must be incident to an arrest
Automatic (adjacent areas connecting) and extended (reasonable belief more dangerous people inside but further than adjacent area)
During the time it takes to effect the arrest
Maryland v Buie
101
When an arrestee taken into custody ___ needs medical attention, officers in charge of them have a constitutional duty to take necessary steps to see that it is provided.
obviously
(especially urgent medical attention)
Carter v City of Detroit, 6th CIR 2005
Similarly, in Florek v. Village of Mundelein (7th Cir. 2011), Officer were not liable for arrestee's heart attack when she stated she felt ill, based on observations of her appearance
102
Can an victim refuse medical treatment if they are conscious and competent?
Can an ARRESTEE refuse medical treatment if they are conscious and competent?
What if medical personnel deem the arrestee mentally incompetent? Can medical personnel then impose treatment on them?
Say medical personnel deem someone incompetent and want to forcibly take a sample. Can you assist?
Yes
Yes
Yes
Likely no (note: do not intervene with medical treatment in that case)
Estate of Allen v. City of Rockford (7th Cir. 2003)
"Arrestees, like any other person, if they are competent and conscious, have the right to withhold consent to medical treatment." AELE Article
103
Can someone be charged with both Burg III and KCSP (with the acquired property from the Burg III)?
Yes
Smiley v State of OK (OCCA, F-2021-843, unpublished 1/19/23)
See OneNote
104
Does “armed” equal “dangerous” for purposes of a Terry frisk?
No. Would need to be able to articulate how the suspect possibly presents a danger to you or others
105
Do you need to have RS that the person is involved in criminal activity prior to conducting a Terry frisk?
Yes
(Also, if they are involved in criminal activity, it’s helps your “dangerous” argument, especially if the crime usually involves a weapon. See opinion from US v Romero 10th CIR 2019)
In Terry, the officer did a pat down because he thought the suspect was about to commit a robbery, which usually involves weapons
106
Can you get probable cause from a suspect's admission?
Example: Drugs found in suspect's girlfriend's purse. He says it's his. Do you now have PC to arrest him for Possession of CDS?
Yes
Rawlings v KY, US 1980
107
Can probable cause (to arrest) grow stale?
No. Probable cause to arrest does not go 'stale' as probable cause to search can. Probable cause to arrest when it is reasonable to believe a crime has been committed and a particular person committed that crime. Probable cause to arrest concerns things that have already occurred and the mere passage of time does not make them 'un-occur'. So once you have PC to arrest a person, you will always and forever have PC to arrest him/her, unless new information comes to light that diminishes your belief that the crime occurred or that person committed the crime.
(Note: If doing a warrantless arrest/stop, has to be within a 'reasonable' timeframe. Trying to arrest someone for public drunk two months later because you remembered you saw them drunk two months ago - and didn't arrest at that time for whatever reason - would very likely be unreasonable)
108
According to STATE law,
1. Can you arrest someone for being in someone else's backyard without permission?
2. Do they need to have been given a trespass warning prior?
3. Someone's property has NO signs posted that state "No Trespassing." Could someone be arrested for being on that property without the owner's permission?
1. Yes
2. No
3. Yes (no longer a sign requirement as of November 2021)
21 OS 70-1835
109
What is the statue of limitations for a municipal case? (length of time)
1 year
RB 11/9/23
110
Can you conduct a custodial interrogation of a 'child' without parental presence?
No
10A OS 2-2-301(A)
111
A subject has a misdemeanor arrest warrant. Can you serve that warrant between 2200-0600 if they are in their house?
What if you get called to that subject's house and are granted consent to enter?
No
No
22 OS 189
112
You want to enter suspect's house to arrest a subject on PC for a crime which was committed outside the house (ie he punched his neighbor over at his neighbor's house).
The suspect and the suspect's wife are standing behind their locked front door when Officers arrive. The Officers ask consent to enter. The wife says yes but the suspect says no.
Can the Officers enter the residence with the consent of the wife, over the objections of another present occupant (the suspect)?
No
Georgia v Randolph, SCOTUS 2006
113
Can you make an Obstruction arrest even if they broke no other laws? (ie refusing to leave a public post office after being told to by an Officer, where Suspect was not 'trespassing')
Yes
Smith vs State (OK) CM-2021-980
The Court also said, for the sake of argument, even if Smith is correct and he was not trespassing, the Court has previously upheld obstruction convictions when the “individual arrested for obstruction was committing no underlying crime.” Lastly, the Court also referenced Trent vs State (OK) 1989 where the DEF refused to leave a location and was convicted of obstructing.
114
Can a Suspect's statements made to medical personnel be used against them in Court?
Yes (hearsay exception)
Hearsay is admissible if it contains statements 'made for purposes of medical diagnosis or treatment describing medical history, past or present symptoms, pain or sensations, if reasonably pertinent to diagnosis and treatment' 12 OS 2011 2803. Testimony is admissible under this section if the declarants motive was consistent with receiving medical care and it was reasonable for the medical professional to rely on the information in diagnosis or treatment (Kennedy v State 1992, Thompson v State 2019)
115
Can you search a suspect's purse/backpack incident to arrest?
No (can inventory it though!!!)
For a search incident to arrest, the person must be able to access the (container) at the time of the search
US v Knapp 10th Cir 2019
