Con Law Flashcards
Vehicle Exit Orders
Are NOT automatic for every MV stop
Four reasons for an exit order
Officer Safety
RS of a crime
Conduct police function
Community caretaking function
Officer safety
- initial failure to stop
- officers outnumbered
- removal of seatbelt
- quick move to get out of car
- dangerous object in vehicle
- failure to keep hands in sight
- A Frisk following an exit order isn’t automatic, need articulable facts that the suspect is armed and dangerous
RS of a crime
Can exit order for RS of ANY CRIME
Conduct police function
Tow, Arrest : must remove the occupants in order to do the function
Community caretaking function
Need to remove the occupant for medical emergency
If evidence found, admissible under PLAIN VIEW
Pretextual stops
You’re allowed to follow a car you have a hunch about and wait for them to make a traffic infraction then pull them over
Comm v. Lek → can’t do “inventory” search for investigative purposes
Use of force
Any use of force is a seizure under the 4th Amendment
Non-deadly force
neither intended nor likely to cause serious bodily injury or death
Serious Bodily Injury
permanent disfigurement, substantial risk of death
Deadly Force
is intended, or will likely cause serious bodily injury or death
3 Requirements to use force on a
fleeing felon
Threatened officer with weapon or PC committed a crime involving the infliction of serious injury
Necessary to prevent escape
Where feasible some warning was given
Standard for Use of Force =
Reasonable Standard
MV Frisk =
THE FRISK OF A VEHICLE EXTENDS TO AREAS WHERE THE SUSPECT REALISTICALLY HAD, HAS, OR WILL HAVE ACCESS TO A WEAPON
a. Fact Specific, can not frisk every area in reaching distance, have to have facts that the suspect reached there
b. Includes Passenger compartment and containers open/closed
c. locked glove box- if we have the keys to the vehicle
d. rarely the trunk, need specific facts
e. Locked containers need a SW
