Con Law Flashcards
What is an Exit Order?
A Command for a person to exit vehicle
On what Premises/ Factors can you give a command of an exit order?
- Officer Safety (4 occupants 1 Officer)
- Investigation (Reasonable Suspicion of a crime) (K9)
- To Conduct a Police Function (Search, Tow)
- Community/ Caretaking Function (Medical Emergency, or a concern for a drivers well being)
Is an Exit Order Automatic?
NO, unlike other states, Massachusetts has Article 14 that gives the public more rights concerning exiting their vehicle. Hence why you need the 1 of the 4 factors. (OFC Safety) (Investigation) (To Conduct a Police Function) (Community Caretaking Function)
If you tow a persons car, what factor of an exit order is that considered?
To Conduct a Police Function (search or tow)
What is the exclusionary rule?
That after you find what you are looking for on a search warrant and or warrant, any evidence after that is inadmissible, as well as if you have an improper stop/ frisk or search. Anything after the illegal stop is inadmissible
What are some key factors of danger?
Failure to keep a suspects hands in sight?
Officers outnumbered?
What are the Facts of an exit order that need to be articulated in a report?
- Unusual Movements
- Occupants in MV out number Police
- Past criminal history
- Ofc training and experience
What is a search incident to arrest for a Motor Vehicle?
WEM
1. Weapons
2. Means of Escape
3. Evidence of a crime
What is a Motor Vehicle Inventory, and what do you need to conduct one?
Need Lawful custody and Written Department Guidelines
PAD
1. Property
2. Accusations of theft
3. Dangerous Items
What is a Motor Vehicle Inspection Search, and what do you need in order to conduct one?
Need Probable Cause and a Public Way
Can Search the entire vehicle due to PC, and open any container even locked containers by force.
Following an Exit order, is a frisk automatic?
No, need specific and articulated Facts that a Person is armed and dangerous with reasonable suspicion.
What is Investigation for an exit order?
RS for any crime, and police may not over react when an operator fails to produce documents
What are the Factors of an OUI?
Red Glassy Eyes, slurred speech, odor of alcohol
What are the factors of Marijuana?
It is not PC to search a vehicle with an Odor, best method is to call k9, and see if the dog alerts to the vehicle. However, do not make this a routine.
What are the factors of community caretaking?
Officer Decision is not invalid because it uncovers criminal activity.
Can ask for ID or Registration without RS.
This is for when occupants of a vehicle need help (exigent circumstances)
Can you Use Plain View to justify an exit order?
Yes, if you see a weapon, you can use the Officer Safety route to give an exit order.
What is a Search incident to lawful arrest?
Arrest and search to
1. Weapons
2. Means of escape
3. Evidence of a crime
Quick Frisk.
What do you need to a MV inventory?
- Lawful Custody
- Written Department Guidelines
What do you need for a MV Exception search?
- Probable Cause
- Public Way
What is a Booking Search?
Booking search is after you arrest someone and bring them back to the district station.
Meant for
1. Property
2. Accusations of Theft
3. Dangerous Items
If you want to search a person entirely, bring them back to the station and do a full search (if you find drugs)
What are Pre-text stops?
- May Occur when an Officer sees a traffic violation
- Legitimate investigatory motives do not initiate a civil infraction stop
Must be aware that these stops are simply a quick or reasonable stop where you can not serve a restraining order, and you are simply doing your job.
Be aware that every fish you catch, you eat that.
What is use of Force?
Use of Physical force by a Police is a seizure under the 4th amendment (any force)
Need RS or more to use force
What is the 4th amendment reasonableness standard?
Whether an Officers Actions are objectively reasonable in light of facts and circumstances.
What is the foundational case of Use of Force?
Graham Vs Connor
