Crim Pro Flashcards
What is a Terry stop?
A brief detention for the purpose of investigating suspicious conduct.
What is a Terry frisk?
A patdown of the outer clothing and body to check for weapons.
When may an officer conduct a Terry stop?
A police officer may stop a person without probable cause for arrest (i.e., conduct a Terry stop) where the officer has an articulable and reasonable suspicion of criminal activity.
When may an officer conduct a Terry frisk?
A police officer may conduct a protective frisk (i.e., a Terry frisk) where the officer reasonably believes that the person may be armed and presently dangerous.
What is the scope of a frisk?
Unless the officer has specific information that a weapon is hidden in a particular area of the suspect’s clothing, the frisk is generally limited to a patdown of outer clothing.
Admissibility of evidence obtained during a frisk
An item obtained during a frisk is admissible evidence where the officer obtained the item based on a reasonable belief, from the item’s “plain feel,” that the item is a weapon or contraband.
If a vehicle is properly stopped for a traffic violation and the officer reasonably believes that a driver or passenger may be armed or dangerous, the officer may:
1) conduct a frisk of the suspected person; and
2) search the vehicle (so long as the search is limited to the areas that may contain the weapon).
What is the Evanescent Evidence exception to the warrant requirement?
Police do not need a warrant to obtain evanescent evidence, evidence that might disappear quickly if the police took the time to get a warrant.
For example, evidence beneath a suspect’s fingernails is evanescent because it could disappear when the suspect washes his hands.
But note: if practical, warrant required to take a blood sample for a DUI arrest.
What is the Hot Pursuit exception to the warrant requirement?
Police in hot pursuit of a fleeing felon may make a warrantless search and seizure and may even pursue the suspect into a private dwelling (ANYONE’S private dwelling).
Any evidence found in plain view within the private dwelling is admissible.
Police in hot pursuit of a fleeing person suspected of a misdemeanor may not be able to justify warrantless entry into a home.
What does it mean to be in “hot pursuit”? The police must be no more than 15 minutes behind the fleeing person.
What is the Emergency Aid/Community Caretaker Exception to the warrant requirement?
A police officer may enter premises without a warrant if the officer faces an emergency that threatens the health of safety of an individual or the public.
For example, an officer responding to gun shots or cries for help does not need a warrant to enter premises.
Warrant requirements for administrative inspections and searches
Generally, inspectors must obtain a warrant for searches of private residences and commercial buildings (see below for exceptions). For a warrant to issue, inspectors need only show a general and neutral enforcement plan.
Exceptions: (1) administrative searches to seize spoiled or contaminated food; (2) administrative searches of a business within a highly regulated industry; (3) inventory searches of arrestees or their vehicles pursuant to established dep’t procedure; (4) searches of prisoners before admission into the general prison population (even where arrested for minor crimes); (5) searches of airline passengers prior to boarding; (6) searches of parolees and their homes (and where statutorily authorized, even without reasonable grounds for the search); (7) searches of gov’t employees’ desks and file cabinets where (i) the scope is reasonable and (ii) there is a work-related need or reasonable suspicion of work-related misconduct; (8) drug tests of railroad employees involved in an accident; (9) drug tests of prospective customs employees where the position is connected to drug interdiction; and (10) drug tests of public school students who participate in extracurricular activities.
Public School Searches
Public school officials do not need a warrant or probable cause to search public school students or their possessions; they need only reasonable grounds for the search.
Reasonable grounds for the search exist where:
1) the search offers a moderate chance of finding evidence of wrongdoing;
2) the measures adopted to carry out the search are reasonably related to the objectives of the search; and
3) the search is not excessively intrusive in light of (a) the student’s age and sex and (b) the nature of the infraction.
Wiretapping & Eavesdropping
Wiretapping (and other forms of electronic surveillance that violate a reasonable expectation of privacy) is a 4A search that requires the issuance of a valid warrant.
A warrant may issue where:
1) The officer shows probable cause;
2) The suspected persons involved in the conversations to be overheard are named;
3) The warrant describes with particularity the conversations that can be overheard;
4) The wiretap is limited in duration;
5) The wiretap ends when the desired information is obtained; and
6) Return is made to the court, showing what conversations have been intercepted.
Exceptions:
No warrant required where (1) the speaker talks to someone who either consents to monitoring or is wearing a wire (the “unreliable ear”) or (2) the speaker makes no attempt to keep a conversation private (the “uninvited ear”).
Miranda Warning Requirements
