Crim Pro Flashcards
When has a person been seized? What in particular must be done by the officer?
Under the TOTALITY OF CIRCUMSTANCES, would a RP not feel free to decline officer’s requests and terminate the counter. The officer must make a physical application of force or the person must submit to the officer’s show of force
What does the 4A provide?
People should be free in their persons from unreasonable searches and seizures
What is a search?
A government intrusion into an area where a person has a R and justifiable expectation of privacy
What is a seizure?
An exercise of control by the government over a person or thing
What is required in order to arrest someone?
Probable Cause
When is probable cause present?
When, at the time of arrest, the officer has within her knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonable person to believe that the suspect has committed a crime or is committed a crime; it’s based on the TOTALITY OF THE CIRCUMSTANCES
What is needed to arrest a person in their own home?
A warrant
Do police generally need a warrant to make an arrest?
No, generally warrants are not needed for arrests in a public place
What is needed to make a Terry stop/investigatory detention?
Reasonable suspicion supported by articulable facts; or if they believe the suspect is armed and dangerous
When does R suspicion exist?
Requires something more than a vague suspciion, but full probable cause is not required. Determined under the TOTALITY OF THE CIRCUMSTANCES
When may the police stop a car?
Police must have at least R supsicion to believe a crime has been committed; can also occur if there are special law enforcement needs
What are the requirements for a roadblock?
The stop of the cars must be made on the basis of some neutral, articulable standard AND be designed to serve purposes closely related to a particular problem related to automobiles and their mobility
How do you determine if there was an improper search or seizure?
(1) Was there gov’t conduct?
(2) Does the D have standing/did they have a R expectation of privacy
Where does a person have a R expectation of privacy?
- places owned by the person
- person’s home – extends to curtilage
- overnight guest
(no R expectation of privacy in places held out to the public)
What things are held out to the public? And thus there is no R expectation of privacy?
- the sound of one’s voice
- handwriting
- paint on the outise of a car
- the smell of one’s luggage or car
- bank account records
- open fields
- areas the can be viewed during a fly-over
What does a warrant need to be valid?
- must be issued by a neutral and detached magistrate
- based on probable cause
- particularly describe the place to be searched and the items to be seized
is a warrant valid if it is based on a material false statement that was made intentionally or recklessly included?
No, it’s invalid
When executing a warrant, what must an officer generally do?
Knock and Announce
What MPX does violation of the knock and announce rule have at terial?
Well, it doesn’t allow for the application of the exclusionary rule; i.e. the evidence is still included
When is a “no knock” entry allowed?
When the officer believes knocking will lead to the destruction of evidence, will inhibit the investigation, o could be dangerous or futile
What are the permissible warrantless earches?
- search incident to lawful arrest (contemporaneous requirement)
- automobile exception
- plain view
- consent
- stop and frisk
- hot pursuit of a fleeing felon
- evanescent evidence (evidence likely to disappear before a warrant is obtained, i.e. tissue sample under fingernails)
- emergency aid/community caretaker
- inventory searches incident to arrest
- public school searches by school officials valid if R
- mandatory drug testing
- border searches
What are the elements of the automobile exception to the warrantless search requirement?
- need probable cause to belive vehicle contains contrband or evidence of crime
- may search anywhere in car where item that is subject of search may be found
* **contemporaneousness not required
what is req’d for the plain view exception to the warrantless search requirement?
- must be legitatmely on premises
2. object must be in plain view
When is a search via stop and frisk allowed?
- during a valid terry stop
- police have R belief that supect is armed and dangerous
- may pat down outer clothing for weapons
- may seize anything that by plain feel is weapon or contraband