Case Law Flashcards
What is Probable Cause?
Enough evidence to establish resonable grounds for believing that a crime has been committed and that that person committed the crime.
What is Reasonable Suspicion?
An articulable set of facts or circumstances with are less that probably cause and more than a hunch that a crime is being, about to be, or has just been committed.
What is Terry Frisk?
Only for the purpose of locating weapons and limited to a pat down of the person’s outer clothing. Officer may not seize, slide, or manipulate a non weapon item in order to recognize it as a weapon.
What is a Terry Stop?
A temporary seizure of a person to investigate the Officer’s reasonsable suspicion that that person is involved in criminal activity and is about to commit, is committing, or just committed a crime. Officer may not pat, frisk, or search without consent.
Hill v. Miracle
A case law that allows us to use objectively reasonable force in the event of a medical/mental emergency. It grants us qualified immunity in the event that the 3 graham factors don’t apply.
What allows us to get the driver out of a vehicle?
Pennsylvania v. Mimms
What allows us to get the passenger out of a vehicle?
Maryland v. Wilson
Arizona v. Gant
Able to search a vehicle incident to arrest only if the arrestee might have access to the vehicle at the time of the search or if the vehicle contains evidence of the offense of arrest.
Once subject is detained and no longer has access to the vehicle, Officer safety cannot be used- is irrelevant.
Tennessee v. Garner
Can’t use deadly force when fleeing unless they pose a threat of death or SPI to Officers or others
Arizona v. Miranda
Miranda warning