Case Law

Question 1

Graham v. Connor

Answer 1

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

Question 2

United States v. Russell

Answer 2

There are circumstances when the use of deceit is the only practicable law enforcement technique

Question 3

Adams v. City of Fremont

Answer 3

Officer are not obligated to prevent suicide if officers feel that their safety is in jeopardy

Question 4

Garrity v. New Jersey

Answer 4

When an employee is forced to answer questions in an administrative investigation, the answers cannot be used in a criminal prosecution

Question 5

Morrissey v. Brewer

Answer 5

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?)

Question 6

Herring v. United States

Answer 6

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

Question 7

Weeks v. United States

Answer 7

Est. the federal exclusionary rule

Question 8

Mapp v. Ohio

Answer 8

Est. Exclusionary rule applies to all law enforcement agencies

Question 9

Ker v. California

Answer 9

Est that state judges could use federal decisions to guide them on what a reasonable search entailed

Question 10

Hudson v. Michigan

Answer 10

Violating a no knock warrant does not activate the exclusionary rule

Question 11

Mehler v. Mena

Answer 11

It is reasonable to detain all occupants when conducting a residential search warrant

Question 12

Chimel v. California

Answer 12

Officers can only search the area under the suspect’s immediate control in a search incident to arrest

Question 13

Maryland V. Buie

Answer 13

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

Question 14

Carroll v. United States

Answer 14

A vehicle can be searched without a warrant if PC exists

Question 15

Arizona v. Gant

Answer 15

A vehicle can be searched incident to arrest to look for evidence of the crime associated with the arrest charge.

Question 16

Brigham City v. Stuart

Answer 16

LE may enter a home without a warrant if they believe that an occupant is seriously injured or imminently threatened with serious injury

Question 17

McNabb v, United States

Answer 17

If procedural rules are not followed, the exclusionary rule may come into play after failure to follow the rules

Question 18

Minnick v. Mississippi

Answer 18

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

Question 19

Maryland v. Shatzer

Answer 19

If there is a break of 2 weeks or more after miranda is invoked, the initial invocation does not apply

Question 20

Michigan v. Mosely

Answer 20

An interrogation must end immediately if a subject invokes their right to silence. This must be verbalized.

Question 21

United States v. Dunn

Answer 21

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

Question 22

Payton v. New York

Answer 22

The threshold of the front door of a residence cannot be crossed absent exigent circumstances

Question 23

Florida v. Jardines

Answer 23

A K9 cannot stiff the front door of a house to attempt to alert for narcotics

Question 24

Utah v. Strieff

Answer 24

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

Question 25

Franks v. Delaware

Answer 25

Franks hearing - a judge signing a warrant does not mean the the officer can’t be questioned later on the legitimacy of the facts in the warrant

Question 26

Michigan v. Summers

Answer 26

Same as Mehler v. Mena

Question 27

Pennsylvania v. Mimms

Answer 27

LE may order the driver of the vehicle to exit without violating their 4th amendment rights

Question 28

United States v. Santana

Answer 28

Allows warrantless entry into a residence due to hot pursuit

Question 29

Warden v. Hayden

Answer 29

same as Santana

Question 30

United States v. Lindsay

Answer 30

Est 7 factors that justify entry into a residence due to exigent circumstances
A grave offense of violence is involved
The suspect is reasonable believed to be armed
A clear showing of PC
A strong reason to believe that the suspect is in the dwelling
The likelihood of escape if not apprehended immediately
Peaceful entry as opposed to a “breaking”
The time of entry

Question 31

Steagald v. United States

Answer 31

an arrest warrant does not give permission to enter the residence of a 3rd party

Question 32

Harlow v. Fitzgerald

Answer 32

Officers can claim qualified immunity when a knowledgeable officer in the same shoes of the officer would’ve NOT understood that they were violating the persons rights