Case Law Flashcards
Terry v. Ohio
Search for weapons on person, Can’t probe if its not a weapon unless your 51% sure its contraband
Carroll v. U.S
Warrantless search of vehicle, Police may conduct warrantless search if there is Probable cause that there may be contraband
Brinegar v. United States
Officer’s prior knowledge of a person’s criminal behavior can be considered along with other facts to determine probable cause
Pennsylvania v. Mimms
The driver can be ordered out of a vehicle on routine traffic stops. The officer’s safety greatly outweighs the inconvenience to the driver
Maryland v. Wilson
Removing passenger without suspicion
Rodriguez v. United State
Prolonging a stop, A stop may “last no longer than is necessary to effectuate the initial purpose of the stop
New York v. Class
No reasonable expectation of privacy in the VIN, Can ask driver to remove objects obscuring VIN, or if driver is removed from vehicle, reach in and remove items yourself
Tennessee v. Garner
The use of deadly force to prevent escape of all felony suspects
Graham v. Connor
UOf judged from the perspective of a reasonable officer, not 20/20 hindsight
California v. Lloyd
May not resist detention or arrest, even if they flee to private residence
Illinois v. Wardlow
May detain someone if they run from you. (not normal behavior) If you can’t find anything in a reasonable amount of time you have to let them go in their way.
Idaho v. Clarke
Cannot arrest on misdemeanor if it is not in your presence unless you obtain a Clarke warrant.
State v. Behrens
Cannot talk to K9 officer when he comes to stop because that prolongs the traffic stop
Mumuehler v. Mena
Passenger of traffic stop is not free to leave