Basic Patrol Case Law Flashcards
A police officer’s two-hour restraint of a home owner while a search warrant was being obtained (was / was not) reasonable.
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
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.
in custody treatment
No
Berkemer vs McCarty
A landlord (can / cannot) give consent to police to enter a tenant’s home and search it
cannot
Chapman vs US
*Reasonable suspicion may exist even if “each observation” is “susceptible to an ___ explanation”
innocent
US vs Arvizu
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 ___.
in custody and interrogated
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.
reasonable suspicion
dispel
probable cause
Terry vs Ohio
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.
frisk
Armed and dangerous
articulable
outer
after
Terry vs Ohio (part 2)
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.
probable cause
significant threat
Tennessee vs Garner
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
further
initiated
Edwards vs Arizona
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”
restriction on a person’s freedom
Oregon vs Mathiason
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.
can
US vs Lackey
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
harm
evidence
escape
United States vs McConney
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.
public
When in “hot pursuit”, police can chase someone into their home without a warrant
You stop to talk with a pedestrian. He smells like marijuana. Can you PC search him?
Yes
US v Harris
A hotel employee (can / cannot) give consent to search a room while the guest is occupying it.
cannot
Stoner v. California
A hotel guest is treated like a tenant
*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.
are not
do not
Schneckloth v. Bustamonte
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.
can
Authority
US v. Matlock
Miranda vs Arizona (part 2). Need to read Miranda if suspect is ‘in custody’ and ‘interrogated’.
In this case, “in custody” means ___ or ___.
an arrest
when freedom is significantly deprived to be equivalent to an arrest
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.
incriminating
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.
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
Curtilage- The area __ __ a residence that “harbors the ‘intimate activity associated with the sanctity of a man’s home and the privacies of life.’”
immediately surrounding
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.”
can
is
Wayne vs US
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.
do not
Michigan vs Fisher
A suspected residential burglary (presents / does not present) an “exigent circumstance” justifying a warrantless entry of the residence to search
presents
Montanez v. Carvajal
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
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)
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
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
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)
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
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
Can someone’s conduct give reasonable suspicion they may be armed? (nervous, keeping putting hands in pockets)
Yes
US vs Williams
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.”
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]
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
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
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
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
Someone is minimally resisting (ie holding hands behind their back making it difficult to handcuff them). Can you tase them?
No
Parker v Gerrish
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
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
Can having cuffs on so tight that they injure the suspect be considered excessive force?
yes
McGrew v Duncan
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
Can you make a determination in a property dispute?
Can you assist with moving property from a place?
No
No
Soldal v Cook County
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
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
