Basic Patrol Case Law Flashcards
The finding of contraband on the driver’s person (was / was not) probable cause to search the passenger area and trunk.
was
US v Parker
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
Maryland v Pringle - In this case, the Def was one of three men riding in a vehicle. Cocaine was found behind the back-seat armrest and ACCESSIBLE TO ALL THREE MEN. All three denied ownership.
Can all three be charged?
YES
Here’s why - “We think it an entirely reasonable inference from these facts that ANY OR ALL of the occupants had knowledge of, and exercised dominion and control over, the cocaine.”
*A routine traffic stop (does / does not) rise to the level of “in custody” status for the purpose of the Miranda ruling.
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.
The court also confirmed in this case that the Miranda warnings are required regardless of whether the crime was a misdemeanor or a felony when the person is “in custody” and questioned.
does not
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
Carroll v US: Police may conduct a warrantless search of a vehicle stopped on traffic if there is ___ ___ to believe the vehicle contains ___ or ____
probable cause
contraband or evidence
Carroll vs US
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
The decision to stop an automobile is reasonable if the officer has ___ ___ to believe that a traffic violation has occurred
probable cause
Whren vs US
Note - can also stop them if you have RS of criminal activity (US v Cortez), but this case (Whren) refers to traffic violations. This is why it’s always best to get PC of a traffic violation prior to a stop (ie when looking for drugs) since the defense will argue “why did you stop them?” and you will say “I saw them commit a traffic violation” and you won’t have to debate your reasonable suspicion
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
The odor of burnt marijuana coming from a person (is / is not) probable cause to stop and search the person
is
US vs Harris
Note: In OK, due to medical marijuana legalization, must check if they have their card first
Also, this case involves a witness observing the DEF smoking marijuana, so that was not only PC
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.
The overall circumstances, however, will be considered by the court to determine the voluntariness of the consent.
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
*Police (are / are not) required to tell a driver on a traffic stop that he is free to go before asking for consent to search.
are not
Ohio v. Robinette
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
*Constructive possession exists if the defendant…
Knowingly has __ and __ over (contraband)
Has the ___ to ___ dominion and control over (contraband)
Knowing dominion and control over a ___ in which (contraband) is concealed
dominion and control
power to exercise
vehicle
US vs Brito
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)
The indication of drugs after a sniff from a well trained drug detection police dog (is / is not) sufficient to establish probable cause.
is
United States v. Race
If a police officer has sufficient reasonable suspicion, waiting 40 minutes for the drug dog to arrive (is / is not) reasonable.
is
US v. Mendoza
(This means if you suspect drugs are in the vehicle, you can detain them for 40 minutes or even longer to get a K9 to your traffic stop to conduct a sniff)
*A Trooper developed reasonable suspicion to detain (the suspect) and call for a drug dog. The Trooper tried to find a close K-9, but could not. He called out another Trooper with a K-9, but he was 45 miles away. It took an hour for him to arrive.
The court said the wait (was / was not) reasonable under the circumstances.
was
US v. Salgado
(Again, if you suspect there are drugs in the vehicle, you can detain the occupants/car while you wait to get a K9 to your location. In this case it took over an hour and the courts were fine with that)
The Court ruled that a traffic stop, ABSENT reasonable suspicion or consent, (can / cannot) be extended even for a few minutes after the conclusion of a traffic stop in order to conduct a K-9 sniff of the vehicle
cannot
Rodriguez v. US
Note - Basically this case means you need reasonable suspicion drugs are in the vehicle to detain them past the duration of a ‘normal’ traffic stop. If you have RS, you are good. If you don’t have RS, you can only keep them there with their consent. But I ask, if you don’t have RS, why are you keeping them there longer anyway? You should be back out looking for a better car. Also, this case is used sometimes if you are having our K9 do an open-air sniff DURING your traffic stop. Sometimes I have Miller sniff a car while I’m writing the warning, checking OSCN, checking warrants, etc. He has to get finished with the sniff before I finish all that IF I do not have good articulable reasonable suspicion.
Subject is nervous, hands are shaking, won’t make eye contact. Is that enough reasonable suspicion to extend a traffic stop and wait for a K9?
Yes
US vs Berry
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)
Plain view (is / is not) affected by the use of spot lights and/or binoculars
is not
US vs Lee
If a police officer has a lawful right to be in a position to have a particular view, (any / no) object that falls within that view may be subject to seizure and may be introduced into evidence.
any
Harris vs US
The use of a flashlight (does / does not) violate the “plain view” doctrine
A police officer (can / cannot) contort or place himself in an unusual position… as long as he is still in a place he has a right to be
does not
can
Texas vs Brown
A person (does / does not) have a privacy interest in the VIN on their vehicle
does not
NY vs Class
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.”
Stationary radar - Do you HAVE to test it with a tuning fork prior to use?
Yes
Commonwealth of Kentucky vs Honeycutt
A search warrant (is / is not) required to search an automobile if it is parked and is not readily accessible by the suspect.
is
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)
A vehicle impounded for parking violations (can / cannot) be unlocked, entered, and inventoried by the police as part of their “caretaking” function without violating the Fourth Amendment.
Any drugs or other evidence or contraband (can / cannot) be lawfully seized.
can
can
South Dakota v Opperman
A driver (can / cannot) be ordered out of a vehicle, without suspicion, on routine traffic stops.
can
Pennsylvania v Mimms
*A vehicle (can / cannot) be stopped based on reasonable suspicion that a crime has occurred, not just a traffic offense
can
US vs Cortez
You have PC to search a vehicle.
Can you open closed containers?
Can you open locked containers?
Can you search the trunk?
Yes
Yes
Yes
US v Ross
Can search in CLOSED containers with PC, such as opening a closed paper bag (this case added to Carroll Doctrine, which only said can search with PC)
“Once probable cause to search is established, the officer may search the entire vehicle, including the trunk and all containers therein that might contain contraband.” US v Ross cited in US v Parker
A readily mobile motor home. Is it a vehicle or residence? If vehicle, is it subject to the same rules as vehicle searches?
Vehicle
Yes
CA v Carney
Can you move items covering the VIN on the dash to inspect it?
Yes. There is no privacy interest in the VIN
NY v Class
You find drugs on a driver’s person. Can you search the car? If so, which parts?
Yes
Passenger area + trunk
US v Ross, specifically discussed in US v Parker
Lengthening the detention for further questioning beyond that related to the initial traffic stop is permissible in two circumstances:
Officer has RS
or
Consent
US vs Hunnicutt
You are doing a PC search of a vehicle. Can you search a passenger’s belongings?
YES
“If there is probable cause to search a car, then police officers may inspect all areas capable of concealing the object of the search, INCLUDING passengers’ belongings” - Wyoming v Houghton
OK State case that references this case is Gomez v. Oklahoma 2007
Note: Cannot search passenger’s belongings on a CONSENT search, have to get separate consent from that passenger in that case
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
Can an officer order a passenger in a vehicle, who was trying to exit and leave a traffic stop, back into the vehicle?
Yes
US v Williams 2005
During a traffic stop, is the passenger of a car seized like the driver?
Yes
Brendlin v CA
A dangerous high-speed car chase is threatening the lives of innocent bystanders.
Can a police officer attempt to termite the chase (ie TVI) even if it places the fleeing suspect at risk of serious injury or death?
Yes
Scott v Harris
You (can / cannot) do an automatic search of a vehicle incident to arrest
You arrest a driver. Can you search their immediate seated area incident to arrest?
cannot
Arizona v Gant 2009
(but still can do consent, PC, and inventory searches)
No - could only do if searching for evidence of the crime committed
Can you separate a driver from the passenger and question both about their travel plans during a traffic stop?
Yes
US v Legge
California requires both a front and a rear tag. Wyoming requires only the rear. Can the vehicle be stopped in Wyoming?
No, it only has to comply with Wyoming law
US v Trestyn
You run a tag and the vehicle comes back as a different color. Is that enough RS to stop it?
No
US v Uribe
Someone calls in a vehicle for recklessly driving (ie running another vehicle off the road). They give a vehicle description and tag number.
You find the vehicle, but don’t see any suspicious conduct / driving behavior. Can you stop it?
Yes
The Officer had RS to believe the driver could be driving recklessly because he was drunk, and the failure to see suspicious conduct did not dispel the possibility of him/her driving drunk
Prado Naverette v CA
Can you give someone a warning (rather than a citation) in hopes it will be more likely they will consent to a search?
Yes
US v Garay
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
