Case Laws Flashcards
Las Cruces v Betancourt
We hold that a roadblock set up and operated for the purpose of detecting and apprehending drunk drivers is constitutionally permissible so long as it is reasonable within the meaning of the fourth amendment as measured by its substantial compliance with the right guidelines.
Tennessee v Garner
Pertaining to the use of deadly force to prevent the escape of an apparently unarmed suspected felon— concludes that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others.
Scott v Harris
It is reasonable for a police officer to use deadly force to prevent harm to innocent bystanders, even to the point of putting the fleeing motorist at serious risk of injury or death.
Roe v Wade
The US Constitution protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction.
Popow v City of Margate
The liability of the individual police officer may be premised only upon gross negligence, in the absence of intent to injure the plaintiff.
Graham v Connor
Excessive force by law enforcement during an arrest, stop, or other seizure of an individual is subject to the objective reasonableness standard of the Fourth Amendment, rather than a substantive due process standard under the Fourth Amendment.
New Mexico v Yazzie
An officer who learns that the MVD records for a particular vehicle indicate an “unknown” compliance status has constitutionally reasonable suspicion to stop the vehicle and investigate further.
Miranda V Arizona
Under the Fifth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started, and the rights were either exercised or waived in a knowing, voluntary, and intelligent manner.
Terry v Ohio
Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has reasonable belief that the person “may be armed and presently dangerous.”
State v Sims
The state had to prove beyond a reasonable doubt that Defendant actually exercised physical control over the vehicle with the general intent to drive so as to endanger the public.
City of Santa Fe v Martinez
If there is probable cause that the subject drove and is impaired (we have to establish that the impairment we see is the same as when they drove), we can make a warrantless arrest as long as exigency circumstance exist.
