constitutional law Flashcards
articles of Massachusetts declaration of rights which apply to policing operations
Article 12: no one should be held unless everything is explained to them
Article 14: Unreasonable search and seizure
U.S. Constitution amendments that apply directly to policing
1st Amendment: freedom of speech
2nd Amendment: right to bear arms
4th Amendment: unreasonable search and seizure
5th Amendment: double jeopardy/ self incrimination
6th Amendment: right to a speedy trial
8th amendment: cruel and unusual punishment
14th Amendment: due process
search
physical invasions or intrusions of privacy by police on people, homes or property to obtain info
Need:
warrant
consent
exigent circumstance
Seizure
when police take possession of property, make an arrest, or restrict a persons ability to move freely
Reasonable suspicion
SPECIFIC AND ARTICULABLE FACTS that lead a reasonable person to believe that ^ is, was, or is about to commit a crime
Probable cause
trustworthy facts and circumstances sufficient to convince a person of reasonable caution to believe that it is more likely then not that:
A specific item will be found, in the case of a search
The person has committed the crime, in the case of arrest
collective knowledge
knowledge of one is knowledge of all
-information from other police officers
search incident to arrest
for weapons/ evidence of the crime for which ^ is arrested.
pat frisk
If reasonable suspicion of ^ being armed and dangerous:
outermost clothing
weapons only
2 prongs of source of information
veracity: is the source reliable and believable
basis of knowledge: how did the source or witness acquire the information.
*was the knowledge gained through direct, personal, sensory observation
arguable facts to get reasonable suspicion or probable cause
must have a few of them
area of encounter reason for encounter officer training and experience familiarity or lack of familiarity with ^ ^ attitude with police high crime area
exclusionary rule
if probable cause does not exist at the time of arrest, arrest is illegal and evidence will be suppressed
requirements for exclusionary rule
- government action (police)
- standing (violation of his/her constitutional rights)
- reasonable expectation of privacy
- probable cause (warrant or exception to warrant requirement)
standing
someone had something of theirs seized, so they can now have “standing” that their rights were violated due to the exclusionary rule
exclusionary rule exceptions
- attenuation/purging the taint (unlawful action leads to discovery of evidence
- Independent source (evidence comes from 2 sources, 1 legal and 1 not legal, evidence will be ok)
- inevitable discovery (found illegally but would have been found legally later
- defective warrant (court will likely decide whether violation was substantial and prejudicial
- Invalid arrest (evidence found during illegal arrest may be suppressed)
Vehicle exit orders are allowed when..
- police are warranted in the belief that the safety of the officers or others are threatened
- police have reasonable suspicion of criminal activity or
- police are conducting a search of the vehicle on other grounds
3 things you need for a search
- warrant
- consent
- exigent circumstance - right away
where you can you arrest a person with a warrant
you can go into the persons house, knock and announce
but if they are at a third party’s house you need a search warrant
fugitive warrant
police may make a warrantless arrest of a fugitive in a public place if the fugitive was charged in an other state with a crime that is punishable by death or imprisonment of up to 1 or more years
fresh and continued pursuit, 4 factors
- you need to have a reasonable basis to believe you are dealing with an arrestable offense
- within your jurisdiction
- in your presence
- original town can take them back as well as other town
citizens arrest
^ must have IN FACT committed a felony
Powers of arrest
- arrest warrant
- felony (in presence, on probable cause)
- misdemeanor in presence causing breach of the peace
- specific misdemeanors in presence with statutory power of arrest only
- Specific misdemeanors with statutory power of arrest on probable cause
detentions by merchants
a merchant may detain a shoplifting suspect in a reasonable manner and for not more than a reasonable length of time
probable cause for arrest
scope of search incident to arrest
warrantless search must be done at the same time of arrest
scope of a warrantless search incident to arrest must be within the individuals immediate reach
grabbing area factors
- how many officers were involved in arrest
- how many suspects were present during arrest
- positioning of police officers in relation to area searched
- how suspect was restrained prior to arrest
- in suspects immediate control
- you cannot move someone and use that area
strip search
- last layer of clothing is moved, but not necessarily completely removed, and exposes for view of intimate area
- probable cause the person has concealed a weapon or evidence of the crime for which they were arrested
best practices for strip search
- private area
- no more then 1 additional officer in room
- preferably same gender
- officer conducting search does not physically touch, but can ask arrestee to physically reposition body
- search done in a non humiliating way
- FOLLOW POLICY
body cavity
visual cavity search = no touching
manual cavity search = need search warrant high degree of probable cause, signed by judge
-can the item be safely removed without going in
protective sweep
- permitted if officers posses a reasonable belief based on “specific articulable facts” that third parties on a premise present a danger to officers or.. will destroy evidence that there is probable cause to believe is located there.
- looking for people ONLY.. if you see something in plain view its good
- only do sweep if you have reasonable belief someone else is there
Automobile exception/ Carrol doctrine
if there is probable cause to believe that there is evidence from the crime in the vehicle, and the vehicle is stopped or located in a public place, police can search the vehicle without a warrant including the trunk without a warrant
police may conduct a warrantless search for people under arrest and any area under their immediate control to prevent
- escape
- harm to the public
- destruction or concealment of the crime for which the suspect committed
2 factors for consent searches
- voluntary
2. clearly communicated
rules to follow for consent searches
- an officer may tell a person that if they do not consent, they will apply for a search warrant but ONLY IF the officers have legal justification and probable cause to do so
- only a person with actual authority or apparent authority can consent to allow police to search home
- Spouses or roommates can consent to common areas NOT where a person has exclusive privacy interest
- if a co-occupant objects officers cannot search
- scope of consent can be limited
plain view seizure
- were you LAWFULLY PRESENT
- discovery is inadvertent (not planned)
- immediately apparent evidence
Special devices
Binoculars and flashlight can be used to illuminate
high powered telescope can only be used for fields, not homes
K9’s can be used with reasonable suspicion
2 factors that allow police to make entry on a private dwelling
- exigent circumstances
2. probable cause
3 factors when combined with probable cause that create exigent circumstance
- a reasonable likelihood of danger to police officers or third party’s absent police action; or
- a reasonable likelihood of imminent destruction or removal of evidence; or
- a risk of flight by a wanted person
Inventories are conducted pursuant to your departments..
written policy
why inventories
- safeguard owners property
- protect police from accusations of theft
- for person inventories, to protect the place of detention from dangerous items
