Constitutional Law Test III Flashcards
Stop / Detainer is
a limited intrusion in to a person’s freedom to acquire info for investigatory purposes
Arrest is
restraint on a person’s liberty which includes summons, desk appearance ticket or traffic ticket
Search is unconstitutional or unreasonable if
it requires a warrant
without probable cause
made using excessive force
Probable cause is
Sufficient evidence to show that a crime was committed and that defendant committed crime
3 layers of encounters
Investigatory (lowest)
Detainer (articulable objective reason to stop)
Arrest (entitles officer stop from leaving, deprive of liberty and search)
A frisk can be conducted if
there is a reasonable belief that person is armed. must be obvious with first touch
Terry vs. OH
held that they did not need probable cause with articulable facts
MN vs Dickerson
expanded Terry Stop to include contraband
Roadblocks are constitutional if
1: must have defined purpose
2: carried out according to published guidelines
3: must be done with minimum inconvenience
3 requirements for warrant
1: probable cause
2: oath or affirmation
3: particularization
Entry on to private property
Must have a warrant which gives authorization to enter private home
Exceptions to arrest without warrant
- Exigent circumstances, ( flight of defendant, destruction of evidence, danger to defendant, police or 3rd party)
- Consent
- Hot pursuit
Use of force acceptable when
Police must defend themselves
use of force equal to what is being used
to overcome resistance
NY promptness standard
can be held 5 days (felony) or 6 if over weekend
Traffic stop is valid if
on public highway
probable cause for traffic infraction
may issue a summons or warning
to search vehicle, must have probable cause
