Case Law Flashcards
Graham v. Connor
Police officers may be held liable for excessive force. 4 factors used to measure response
The immediate threat of physical harm to officers and others
The degree to which the situation is tense, uncertain, and repidly evolving
The nature of the crime at issue
Whether the susp is resisting or evading arrest
United States v. Russell
There are circumstances when the use of deceit is the only practicable law enforcement technique
Adams v. City of Fremont
Officer are not obligated to prevent suicide if officers feel that their safety is in jeopardy
Garrity v. New Jersey
When an employee is forced to answer questions in an administrative investigation, the answers cannot be used in a criminal prosecution
Morrissey v. Brewer
PROCEDURAL DUE PROCESS
Written notice of the charges filed (subpoena)
Disclosure of the evidence (discovery)
The opportunity to appear in person and to present witnesses and evidence (trial)
The right to confront and cross-examine (trial)
An impartial hearing before a neutral body. Called a trial board (jury)
A written statement of the decision (decision)
Administrating/judicial review (appeal?)
Herring v. United States
Good Faith rule. When police mistakes leading to an unlawful search are the result of isolated negligence leading up to the search, rather than systematic error or disregard of constitutional requirements, the exclusionary rule does not apply
Weeks v. United States
Est. the federal exclusionary rule
Mapp v. Ohio
Est. Exclusionary rule applies to all law enforcement agencies
Ker v. California
Est that state judges could use federal decisions to guide them on what a reasonable search entailed
Hudson v. Michigan
Violating a no knock warrant does not activate the exclusionary rule
Mehler v. Mena
It is reasonable to detain all occupants when conducting a residential search warrant
Chimel v. California
Officers can only search the area under the suspect’s immediate control in a search incident to arrest
Maryland V. Buie
Allows a warrantless protective sweep of a residence in conjunction with an arrest if an officer can articulate why they may believe that someone else was present
Carroll v. United States
A vehicle can be searched without a warrant if PC exists
Arizona v. Gant
A vehicle can be searched incident to arrest to look for evidence of the crime associated with the arrest charge.
Brigham City v. Stuart
LE may enter a home without a warrant if they believe that an occupant is seriously injured or imminently threatened with serious injury
McNabb v, United States
If procedural rules are not followed, the exclusionary rule may come into play after failure to follow the rules
Minnick v. Mississippi
If counsel is requested, the interrogation must cease. Only gives them the right to have counsel present during interrogation. Does not give them the opportunity to consult with them outside the room
Maryland v. Shatzer
If there is a break of 2 weeks or more after miranda is invoked, the initial invocation does not apply
Michigan v. Mosely
An interrogation must end immediately if a subject invokes their right to silence. This must be verbalized.
United States v. Dunn
Defined curtilage as an area to which extends the intimate activity associated with the sanctity or a person’s home and the privacies of life
Payton v. New York
The threshold of the front door of a residence cannot be crossed absent exigent circumstances
Florida v. Jardines
A K9 cannot stiff the front door of a house to attempt to alert for narcotics
Utah v. Strieff
If a person is searched incident to arrest before they are arrestable it is illegal. However, if they become arrestable not based on the search, the early search is now constutional because they would have been searched anyways
