Constitutional Law

Question 1

Exit Orders - 4 Reasons

Answer 1

Exit Orders are not automatic!

a. Officer’s safety
b. RS of a crime (of ANY crime)
c. Police Function
d. Community Caretaker Function

Question 2

Pre-textual Stop (Using Ch 90 violation to stop someone)

Answer 2

Allowed to observe/follow someone you think is of unlawful design (level of mere suspicion) and then stop them when they commit a ch.90 violation and ID the driver

Question 3

Motor Vehicle Frisk - Scope

Answer 3

a. The frisk of a vehicle extends to areas where the suspect realistically had, has, or will have access to a weapon.
b. Passenger compartment (dash, seats, unlocked glove box, etc.)
c. Locked glove box (acceptable if officer has the keys because organic to vehicle)
d. Unlocked containers open/closed (i.e. purse)
e. Trunk is usually forbidden
f. Locked containers: NEED SEARCH WARRANT

Question 4

Use of force

Answer 4

will be held to reasonable standard in regards to use of force
a. “Objectively reasonable”
b. Graham v. Connor

Question 5

Non-Deadly Force

Answer 5

neither intended nor likely to cause serious bodily injury or death

Question 6

Deadly Force

Answer 6

intended to, or will likely cause death or serious bodily injury

Question 7

The use of physical force by police is a seizure under the 4th amendment

Answer 7

grabbing someone’s arm = SEIZURE

Question 8

Tennessee v. Garner – Deadly Force Fleeing Felon

Answer 8

a. Police may use deadly force to stop a fleeing felon from escaping IF there is PC to believe:
i. Suspect threatens PO w/ weapon or probable cause to believe suspect committed crime involving or threatened serious injury; and
ii. Deadly force is necessary to prevent escape; and
iii. Where feasible, some warning was given