Criminal Evidence - Part 4 Flashcards
Consensual Encounters
The Supreme Court has said that a “seizure of the person occurs when intentional police conduct would communicate to a reasonable person that he or she is no longer free to stay or go at will.” If none happens, no reasonable suspicious is needed to simply talk to a person.
If police avoid ________ and _______, they can lawfully approach individuals in public and attempt to engage them in consensual conversations and observations.
commands and intimidation
US V Mendenhall
Female carrying heroin was approached by DEA who asked to see her ticket. When they noticed 2 different names, they asked her to accompany them to a nearby office where a consent search led to the discovery of the drugs. Court found she had not been seized since nobody “demanded” her ticket, or did anything to communicate she was officially restrained no seizure occurred.
Examples of circumstances that might indicate a seizure.
threatening presence of several officers
display of a weapon by an officer
some physical touching of the person of the citizen
the use of language or tone of voice indicating that compliance with the request might be compelled
Florida V. Bostick
During a stop-over on a bus deputies approached Bostick and asked to see his ID, and Ticket. They were returned and he then consented to the search of his luggage and cocaine was located. Court held that there was no difference between the incident on a bus, and consensual encounter in an airport.
Florida V. Royer
Police engaged in a unreasonable detention when they did not return Royer’s documents before asking him to accompany them to another location. Officers intending to confine an initial contact to a consensual encounter should not retain the suspect’s ID or other property after a brief consensual inspection.
Police Officers can engage a pedestrian in a consensual encounter on the street as long as there are
no commands, involuntary touching, etc. and if any ID consensually examined is promptly returned so that the person would be able to depart at will.
Parked Vehicles
If the vehicle is parked in a place open to the public such as along the street or in a driveway, carport, or parking lot officers can walk up to the vehicle and attempt a consensual encounter. Officers cannot signal the occupant to roll the window down, or order anyone to get out of the vehicle though these may be requested.
Michigan V. Chestenrut
Police see a male look at them and run. They drive beside the male while he discards items later found to be drugs. The male is stopped. Since police did not engage in actions that would have compelled him to stop, the investigatory pursuit was not a detention. Once he threw down the drugs there was probable cause for his arrest.
California V. Hodari D.
Male began running from police, just before catching the juvenile the officer saw him throw down a crack rock. The Supreme Court reversed, making a distinction between attempted detention where the subject does not submit and accomplished detention. The Court held that the male was not detained until he was physically caught. Reasonable Suspicion is only required before the person submits or is brought under restraint.
Knock and Talk
A consensual encounter can happen in a person’s driveway. Anybody has access to a person’s front door including postal carriers and delivery persons. The resident doesn’t need to answer the door, no do they have to remain at the door.
Temporary Detentions V. Consensual Encounters
If an officer commands a person to stop a detention occurs, if the person is requested to talk to the officer, a consensual encounter occurs. The fact that a particular individual personally believed that they had no option but to comply with a police request is not controlling.
The reasonable person test
presupposes an innocent person.
If a group is spoken to consensually and one is arrested does not mean that everybody in the group has been detained, or that the officer is not free to continual the consensual encounter with the others.
US V. Drayton
If a ______, __________ person would have felt free to disregard the police in spite of guns, badges and uniforms, and despite the detention or arrest of a companion, the exchange between that person and police remains a consensual encounter, requiring no justification.
reasonable, innocent
Simply asking for ID does not amount to a ________. In the course of a consensual encounter, ______ cannot be required but it may be reuqested.
ID
INS V. Delgado
INS would go into garment factories to check on the citizenship status of employees. The Ninth Circuit held the agents at the doors created a detention. The US Supreme Court held that because the workers were free to walk around the factory and no one was prevented from leaving by the agents there was no seizure.
There is no requirement that a person be told during a consensual encounter that he has the right to refuse to consent to the encounter or to furnish ID.
Held in Delgado
US V. Drayton
Held that officers can ask for consent to search during consensual encounters, and they are not required to inform those encountered of their right to refuse to consent to search.
During a consensual encounter, an officer makes take note of a person’s _______ physical attributes. These may along with other information give rise to reasonable suspicion to justify turning the incident into a detention
observable
Benefits of Consensual Encounters
If an investigative stop begins as a consensual encounter, it allows an officer to ask questions, request ID, request consent to search and make observations of the suspect’s appearance and demeanor. This could allow the suspect to be cleared or the justifiable development of reasonable suspicion or PC.
A temporary detention is a Fourth Amendment seizure of the person, requiring ______ _________ _________ that the detainee is involved in criminal activity
objectively reasonable suspicion
US V. Hensley
Male was stopped after being recognized from a wanted flyer, and when stopped police saw a firearm. Court held that reasonable suspicion existed to conduct traffic stop.
Vehicle stops can be made when reasonable suspicion exists that a ________.
misdemeanor, felony, or traffic violation
Terry V. Ohio
john Terry was loitering and appeared to be casing a store. A police officer patted the outer clothing of the male, finding two handguns. Supreme court confirmed that people can be detained based on Reasonable Articulable Suspicion. Temporary Pedestrian stops sometimes called “terry stops” may be made on the basis of reasonable suspicion of criminal involvement.
“Attempted Detention:
If a vehicle stop is attempted without reasonable suspicion, and the driver does not immeidately yield but commits moving violations before finally stopping, these violations would supply the justification for the stop. An “attempted detention” need not be justified, only a completed one.
Michigan V. Summers
Officers detained a male leaving the residence where a search warrant was being executed. The male was detained and brought back to the search scene. State Courts suppressed the drugs in his pockets saying the detention was unreasonable. US Supreme Court reversed stating that detaining someone leaving the scene of the search warrant.
Occupants of a residence where a valid search warrant is being served may be lawfully detained while the search is conducted.
This includes searches for contraband, and other forms of evidence.
“Reasonable Suspicion”
Required to stop detain someone, short of a full-blown arrest.
A particularized and objective basis for suspecting the particular person stopped of criminal activity (US v. Cortez)
Must be specific facts - not just a hunch - about the detainee and the situation that raise a strong possibility he or she has committed, is committing, or is about to commit some criminal act.
The possibility that the person engaged in criminal activity need not be the only reasonable interpretation of the facts.
Reasonable Suspicion Vs. Probable Cause
Reasonable Suspicion is slightly more than 50% chance, and reasonable suspicion being “considerably less” than preponderance of evidence.
Only a strong possibility, not even a probability, of criminal involvement to justify a detention.
Reasonable suspicion is less than probable cause and is less than a likelihood.
“Collective Knowledge” Doctorine
If a flyer or bulletin has been issued on the basis of articulable facts supporting a reasonable suspicion that he wanted person has committed an offense, then reliance on that flyer or bulletin justifies a stop to check identification, to pose questions to the person, or to obtain the person briefly while attempting to obtain further information.
__________ __________ can be based on the collective knowledge of officers who share information with each other.
Reasonable suspicion
Ornelas V. US
2 men were moving cocaine across the US when a deputy saw the vehicle in a hotel. The deputy knew the vehicle to be a favorite of drug dealers, and that the state was a drug source state. The registered owner was a known drug trafficker. Officers detained the men and consent search was given to search the car. Officers saw a loose armrest and thought it contained drugs. 2 kilos of cocaine were found.
The US Supreme Court remanded the case to the lower courts on a procedural issue of the correct standard to be applied on appeal. The court made it clear the established facts as to what an officer learns before detaining or searching must be viewed from the perspective of the officers’ training and experience.
_______ based on investigative training and experience may transform apparently innocent behavior into reasonable suspicion for a stop.
Inferences
Alabama V. White
Officers received a tip with details of a female leaving an apartment, and she would drive a brown Plymouth station wagon with a broken taillight that she would be headed to a motel with an ounce of cocaine in a brown attaché case.
Officers observed her leave the hotel, with the same person, in a vehicle with the same information provided by the tip. She was stopped and consent search was given. marijuana was found in the attache case, and cocaine in her purse. Initially it was suppressed, but the US Supreme Court reversed finding everything together generated can provide reasonable suspicion for detenion
An anonymous prediction of a suspect’s future behavior that could not be known by a _______ _______ and that is corroborated by police observations can provide reasonable suspicion for a detention.
Casual observer
Florida V. JL
An anonymous telephone call reported a young black male in a plaid shirt was standing at a particular bust stop and was carrying a gun. The call was not traceable by number, and the caller gave no further information.
Officers found 15-year-old JL, a black youth wearing a plaid shirt standing at a bus stop. Officers found a gun. The gun was suppressed, and the suppression was confirmed by US Supreme Court.
Navarette V. California
California Highway Patrol got an anonymous call from a motorist who complained a vehicle had run them off the road. A description was given of a pickup truck, including plate and color., location and direction of travel.
Officers saw the truck and followed it for a short distance. No erratic operation was observed. A strong odor of marijuana led to the discovery of 30 pounds of marijuana. They moved to suppress the drugs.
Supreme Court held the stop was justified and evidence was admissible. The court held this caller had firsthand knowledge, a contemporaneous report, and use of a traceable 911 line. Court ruled it justifiable.
Except in unusual circumstances and places, a purely anonymous tip of _________ criminal activity does not justify a detention or search.
uncorroborated
Race
Race may legitimately be part of a description that aids in narrowing a class of suspects, as where the victim or witness reports that the perpetrator was of an identifiable race, but race is not a suspicious factor, and cannot be viewed in that manner.
Detentions cannot ________ be based on hunches or on the race of the person to be detained.
constitutionally
Criminal Profiles
Based on patterns of criminal behavior and can legitimately be relied on to justify detentions. Certain classes of criminals employ tell-tale techniques to carry out their crimes, and the recognition of such criminal traits by trained and experienced officers can contribute to a finding of reasonable suspicion or even probable cause.
US V. Sokolow
DEA Agents stopped a male about to leave Honolulu Airport. They knew he paid cash for 2 roundtrip airline tickets from a roll of bills, he was traveling under an alias, his turnaround destination had been Miami a drug source city, after a 20-hour flight he stayed in Miami for only 48 hours, and he appeared nervous throughout his trip, and checked no luggage.
Detained him and had a dog alert to his bag and obtained a search warrant. A kilo of cocaine was seized.
Supreme Court found that together the facts led to reasonable suspicion.
A ________ criminal profile can constitute reasonable suspicion for detention.
specific
_________ in a high crime area and _______ flight amount to reasonable suspicion to detain.
Presence, unprovoked
Illinois V. Wardlow
Male was standing in Chicago in a high crime area. Looked in the direction of police and began running. Officers found a handgun. during a pat search. US Supreme Court held that mere presence in a high crime area will not justify a stop, but stressed that flight is a suspicious circumstance that, when added to the nature of the location, may support a detention.
Police may not stop a person for ID just because he or she is in a high crime area, but may do so if the person suddenly flees upon approach of police.
Empty
Whren V. US
Officers stopped a truck in a high drug area commit two traffic violations. Crack was observed in plain view. Supreme Court denied suppression, and repeated that the only objective justification for a stop need be considered, because an officer’s actual, subjective rationale for a detention is not the Fourth Amendment Test.