CourtSmart Flashcards
Reasonable grounds has been interpreted by the courts as meaning_________.
probable cause
Court case that found that refusing to allow the defendant to reenter his home without a police escort was a reasonable restriction.
Illinois v. McArthur
A person’s acts must MATERIALLY IMPEDE an officer for the charge of ______.
obstructing
Tier 1 and Tier 2 encounters
consensual
seizure
The courts will usually look at the __________ factors to determine when a person has been seized.
Mendenhall
What are the 3 categories of police-citizen encounters
- consensual encounter
- investigatory stop supported by reasonable suspicion
- arrest requiring the police to have PC
What are the Mendenhall factors?
- threatening presence of several officers
- display of a weapon
- physical touching of the person
- officer’s language or tone which indicates compliance is required
_____means that there are intervening circumstances that break the chain between any police misconduct and subsequently obtained evidence
attenuation
Court case that established that a person is not seized until the person submits to a police officer’s authority.
California v. Hodari
______is a common-sense practical test
probable cause
What allows for the search of a vehicle when an officer has probable cause to believe the vehicle contains crime related evidence or contraband?
automobile exception
What allows a defendant to challenge the veracity of a search warrant affidavit?
Franks hearing
What applies to violations of any federal constitutional right, including the First Amendment?
Section 1983
The Illinois Supreme Court has ruled in which case that the odor of burnt cannabis alone is insufficient to establish probable cause?
People v. Redmond
The Illinois Supreme Court in which case held that the odor of raw cannabis alone is sufficient for probable cause if the officer has proper training?
People v. Molina
The Graham v. Connor factors are…?
- the severity of the crime
- the threat posed
- the resistance level
To prevail under Section 1983, a suspect must show that the officer’s actions ____________.
violated clearly established constitutional rights
What term refers to the amount of time that has elapsed between the facts alleged in the affidavit in support of the SW and the issuance of the SW?
staleness
What court case controls the deadly force rule?
Tennessee v. Garner
This phrase/term means that there is no case on point that would put the officer on notice that he violated the alleged victim’s rights.
qualified immunity
This term reflects the idea that a person must have a cognizable interest in the place searched before seeking relief for an unconstitutional search?
standing
What 2 factors are required to be entitled to a Franks hearing?
- a material falsity or omission that would alter the PC determination, AND
- a deliberate or reckless disregard for the truth
A violation of the ______ Amendment is subject to the “fruit of the poisonous tree” doctrine.
5th
