Case Law Flashcards
What are the 3 prongs to Graham v. Connor?
Severity of the Crime
Active resistance or fleeing
Imminent danger to public or officers
Under Graham v. Connor explain the Reasonable Officer standard.
This standard is applied to determine whether the officer’s actions were objectively reasonable
The officer is judged on their actions based upon what another reasonable officer would have done under the same circumstances
Explain 20/20 hindsight
Judgement based on the facts the officer knew at the time the force was used.
Facts discovered after the incident are not used to judge the officers actions because the officer may not have known those facts at the time.
Explain Tennessee v. Garner
Allows an officer to shoot a fleeing felon in the back if:
Person poses a risk of death or serious bodily injury to public/officers
That person is a violent felon
Discuss the facts of the Chew v. Gates case law
Chew fled from a traffic stop prior to a pat frisk from the officer
Chew had ran into a junkyard and continued to resist arrest by not surrendering
It was later determined Chew had 3 active felony warrants
Officer set up a perimeter and called for a K9 to track
The K9 searched, located and seized Chew resulting in a K9 bite.
Chew alleges upon learning the k9 was being used he had attempted to surrender
In Chew v. Gates what did the court look at regarding the department policy? What were their findings?
K9 policy was reviewed at the department and the court found the policy was correct in stating the K9 is trained to search, find, and seize suspects.
In Chew v. Gates how did the court rule?
The court held the use of a police, K9 to apprehend Chew did not violate his rights.
How was Graham v. Connor applied in the case of Chew v. Gates?
The court utilized the 3 prong test:
- Chew had 3 active felony warrants
- Immediate threat to officer’s safety, Chew was not checked for weapons and was hiding in an area containing several places to hide
- Chew fled and hid from officers for nearly 2 hours. He both fled and showed continued resistance.
What case did the courts cite in Chew v. Gates regarding the amount if force used by a K9.
Robinette v. Barnes
What did Robinette v. Barnes state?
Use of a properly trained K9 to apprehend a felony suspect does not carry a “substantial risk of causing death or serious bodily harm”
What was the finding in Rodriguez v. US?
Court held a traffic stop cannot be extended, absent any RAS or consent, for the purposes of conducting a K9 sniff
the court also held detention beyond the traffic stop is unreasonable
What were the facts pertaining to Rodriguez v. US
Officer conducted a traffic stop and after the stop concluded asked driver for consent to run his k9 around the vehicle.
Officer ran out of time and concluded his traffic stop with the driver
Officer asked driver for consent to use his dog to sniff vehicle.
Driver denied consent prior to sniff and after traffic stop had concluded
officer detained him until cover unit arrived, k9 alerted and meth was found
What was the ruling of Illinois v. Caballes
Court held the K9 can be used to sniff a vehicle if:
Vehicle is lawfully stopped
Sniff occurs within duration of the reasonable time necessary to conduct the stop
Regarding privacy interest, what did the court find in Illinois v. Caballes?
Court found there is no legitimate privacy interest in illegal substances
Discuss the facts of Idaho v. Howard
K9 conducted a sniff on a lawfully stopped vehicle.
K9’s nose protruded past the threshold of the window
K9 alerted to narcotics in the vehicle
What did the court find in Idaho v. Howard
Court ruled that the activity by the K9 is conducted for the purpose of obtaining information.
Court found the protrusion of the nose constitutes a trespass therefore the search was invalid
What is important about US v. Race
this establishes probable cause after a well trained drug detection K9 alerts to the indication of drugs
What are the facts in US v. Thomas
The K9 was used to obtain a search warrant on a residence after an officer utilized the K9 to alert to the residence
What did the court say about a person’s right to privacy in their home under US v. Thomas
Court held a person has a higher expectation of privacy in their home
What was the courts ruling for US v. Thomas
The court held the use of a K9 to detect odors emanating from an apartment while at a lawful place outside still constitutes a search under the 4th amendment
It requires PC and a warrant to conduct
What is the handler required to provide under Kuha v. City of Minnetonka
A handler must give warning prior to the release of a K9 apprehension
The court found it was unreasonable and only permitted to forego under unusual circumstances
How did the court rule in Florida v. Jardines?
This case law held that taking a canine onto the porch of a defendant’s home violated their 4th amendment rights.
Because the canine is used for evidence gathering purposes the actions of the officer violated the homeowners 4th amendment rights
Explain Florida v. Harris
Records pertaining to the K9’s field performance are unreliable because it will not show failures or false alerts
Training and certification setting is the most reliable way to determine a the dog’s reliability
What was the finding in US v. Ludwig
Certification of a police k9 is sufficient to establish reliability for k9 to sniff drugs.
the dog’s credentials provide a bright-line rule for the officer to rely on
What did the court find in US v. Owens
Even if dog failed to pass 2 previous certifications, if it was certified at the time of the sniff and the handler and training supervisor testified to its reliability than the dog was reliable to support a finding of pc
What was found in US v Stone
Instinctive actions by the k9 do not violate the 4th amendment
Explain the Carroll doctrine
Allows police to search a vehicle absent a warrant if there is pc to believe the vehicle contains contraband or evidence
The search is based on the exigent circumstances that a vehicle stopped on a traffic stop could be quickly moved out of the jurisdiction of the investigating agency
Explain US v Barnes
states it is reasonable for the officer to remove the passenger from the vehicle to conduct a k9 sniff.
Derives from Maryland v. Wilson
What did the court find in Mendoza v. Block?
Court found qualified immunity for officers.
They ruled the use of a k9 was reasonably used and the bite was objectively reasonable
They also ruled the belief Mendoza was armed posed a threat to officers and the private property owners
Explain the facts of Mendoza v Block
Mendoza fled from a robbery and was believed to be armed
He abandoned a vehicle, fled on foot, and hid in bushes on private property
K9 was used to locate Mendoza and several announcements were given
K9 located and bit Mendoza twice after he struggled with the dog
Apply the 3 prong test to Mendoza v Block
Severity of crime- Felonious robbery
Immediate threat to officers and others- Mendoza was believed to be armed, his hiding in bushes posed a threat to officers and the fact he was on private property was reasonable to assume he was a danger to the property owners
Active resistance and fleeing- Mendoza fled from officers and continued to resist arrest by hiding and fighting the K9
