Criminal Evidence - Part 4 Flashcards
1
Q
Consensual Encounters
A
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.
2
Q
If police avoid ________ and _______, they can lawfully approach individuals in public and attempt to engage them in consensual conversations and observations.
A
commands and intimidation
3
Q
US V Mendenhall
A
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.
4
Q
Examples of circumstances that might indicate a seizure.
A
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
5
Q
Florida V. Bostick
A
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.
6
Q
Florida V. Royer
A
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.
7
Q
Police Officers can engage a pedestrian in a consensual encounter on the street as long as there are
A
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.
8
Q
Parked Vehicles
A
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.
9
Q
Michigan V. Chestenrut
A
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.
10
Q
California V. Hodari D.
A
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.
11
Q
Knock and Talk
A
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.
12
Q
Temporary Detentions V. Consensual Encounters
A
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.
13
Q
The reasonable person test
A
presupposes an innocent person.
14
Q
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.
A
US V. Drayton
15
Q
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.
A
reasonable, innocent
16
Q
Simply asking for ID does not amount to a ________. In the course of a consensual encounter, ______ cannot be required but it may be reuqested.
A
ID
17
Q
INS V. Delgado
A
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.
18
Q
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.
A
Held in Delgado
19
Q
US V. Drayton
A
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.
20
Q
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
A
observable
21
Q
Benefits of Consensual Encounters
A
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.
22
Q
A temporary detention is a Fourth Amendment seizure of the person, requiring ______ _________ _________ that the detainee is involved in criminal activity
A
objectively reasonable suspicion
23
Q
US V. Hensley
A
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.
24
Q
Vehicle stops can be made when reasonable suspicion exists that a ________.
A
misdemeanor, felony, or traffic violation
25
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.
26
"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.
27
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.
28
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.
29
"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.
30
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.
31
"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.
32
__________ __________ can be based on the collective knowledge of officers who share information with each other.
Reasonable suspicion
33
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.
34
_______ based on investigative training and experience may transform apparently innocent behavior into reasonable suspicion for a stop.
Inferences
35
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
36
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
37
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.
38
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.
39
Except in unusual circumstances and places, a purely anonymous tip of _________ criminal activity does not justify a detention or search.
uncorroborated
40
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.
41
Detentions cannot ________ be based on hunches or on the race of the person to be detained.
constitutionally
42
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.
43
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.
44
A ________ criminal profile can constitute reasonable suspicion for detention.
specific
45
_________ in a high crime area and _______ flight amount to reasonable suspicion to detain.
Presence, unprovoked
46
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.
47
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
48
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.
49
A vehicle stop based on an observed traffic or equipment violation is a reasonable stop, even though the officer may _____ want to further a criminal investigation in the process.
subjectively
50
Border Stops
Stops routinely conducted at permanent checkpoints are consistent with the Fourth Amendment and need not be authorized by warrant (US V. Martinez-Fuerte)
Roving patrols cannot single out vehicles on streets or highways near the border and stop them at random, without reasonable suspicion. (Almeida - Sanchez V. US)
51
Delaware V. Prouse
Regarding traffic checkpoints, vehicles said officers could not arbitrarily stop cars to check their license. The court also said the Fourth Amendment did not preclude States from "developing methods for spot checks" by means of roadblocks, where all vehicles or some neutral mathematical formula was used, thereby eliminating officer discretion as the basis for selecting vehicles to be checked.
52
Vehicles cannot be stopped randomly for license inspections, but fixed checkpoints can be used for brief screening stops according to a ________ to check for license violations, and to stop intoxicated drivers
Fixed Forumla
53
Illinois V. Lidster
Officers set up a checkpoint to look for witnesses for a hit and run, handing out flyers to look for witnesses. Lidster passed through the check point and was arrested for OUI.
Supreme Court found the witness checkpoint was reasonable, as was Lidster's detention. Noting that this checkpoint was operated to solicit the public's assistance in solving a crime, rather than to detect criminal behavior the court held the concept of reasonable suspicion did not apply.
54
It was significant in Lidster that it was a serious crime, had occurred recently, and was placed to maximize the chance of locating a witness.
Would not necessarily allow checkpoints whenever and wherever law enforcement officers decided to contact members of the motoring public to try to locate potential witnesses for unsolved crimes.
55
Roadblocks occasionally provide an effective means of interdicting an escaping criminal before a getaway can be completed.
However, roadblocks cannot be used simply to allow investigations to detect crime not immediately related to highway safety.
56
City of Indianapolis V. Edmond
Indianapolis set up drug-interdiction checkpoints on city streets. Vehicles were stopped and occupants briefly questioned while a K9 circled the vehicle to sniff for drugs. The Court held that drug checkpoints were unconstitutional. Unlike the sobriety and driver's license checkpoints allowable to enhance highway safety, a drug interdiction checkpoint relates only to the general law enforcement interest of apprehending criminals.
57
Edmonds Also said
The Fourth Amendment would almost certainly permit an appropriately tailored roadblock set up to thwart an imminent terrorist attack, or to catch a dangerous criminal who is likely to flee by way of a particular route.
58
Roadblock - checkpoints can be constitutionally constructed and operated in ______ and __________ situations, but cannot be randomly employed to detect ordinary criminal conduct by the motoring public.
emergency and public safety
59
Temporary Detention - Length of stop
Court has not set up a hard and fast rule. Court has said it should not indulge in unrealistic second-guessing and held a 20 minute traffic stop based on reasonable suspicion of drugs transportation reasonable.
60
US v Montoya de Hernandez
A suspected balloon swallower was detained by customs officers as she arrived at LA Airport. She refused to submit to an X-ray, or to take the next plane black to Columbia. She was detained until she excreted 88 balloons containing 500 grams of Cocaine. The court said it was not unreasonable.
61
Temporary Detentions can only last as long as necessary to _____ or ______ the suspicious circumstances that justified the initial stop, unless new discoveries justify extending the detention longer.
confirm or dispel
62
Temporary Detention - Request for ID
If there is RAS that a person has committed a criminal offense, that person may be stopped in order to identify him (Hayes V. Florida)
The principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop.
Within the scope of a lawful detention, the detained person may be required to identify himself or herself.
63
Temporary Detention - Field Fingerprinting
During booking procedure, an arrested persons fingerprints may be taken (Schmerber V. California)
A suspect cannot be transported involuntarily to the station for fingerprinting, absent PC to arrest.
64
Hayes V. Florida
"The Fourth Amendment would permit seizures for the purpose of fingerprinting, if there is reasonable suspicion that the suspect has committed a criminal act, if there is a reasonable basis for believing that fingerprinting will establish or negate the suspect's connection with that crime, and if the procedure is carried out with dispatch."
65
Ohio V. Robinette
A male was stopped for speeding and issued a warning. The male consented to a search and marijuana and meth was located. The US Supreme Court said the states should not attempt to impose specific prerequisites to the voluntariness of consent for Fourth Amendment purposes and rejected Ohio's requirement of a pre-consent advisement that the person was free to leave.
66
During a lawful detention, a law enforcement officer may request consent to search, and there is no _________ necessity to tell the person he or she is free to leave beforehand.
constitutional
67
Evidence seen in _____ _____ during a lawful detention may contribute to justification for further search or seizure activity.
plain view
68
Case Law to Order Occupants out of vehicle
Driver (Pennsylvania V. Mimms)
| Passengers (Maryland V. Wilson)
69
California V. Brendlin
When the driver of a vehicle is lawfully stopped, all passengers are necessarily detained because it is to be understood that "no one in the car is free to depart without police permission."
70
New York V. Class
Firearm was seen in vehicle when officer removed items obscuring the VIN on a traffic stop. Court held that officers during any traffic stop may inspect the VIN without needing any suspicion or justification, and any evidence lawfully resulting from running the VIN or from entering the vehicle to expose the VIN will be admissible over a Fourth Amendment Challenge.
71
Although a drug-sniffing or explosives dog can be used during the scope of a lawful detention, the detention cannot be unreasonably prolonged to accommodate a drug sniff, where there is no prior suspicion of wrongdoing.
Edmond V. Indianapolis
72
Rodriguez V. US
Male was stopped for driving onto a shoulder of the highway and refused consent to have a K9 smell outside of his vehicle. Male was then detained for 7-8 minutes until a backup unit arrived and had a K9 smell the vehicle. The dog located 50 grams of meth.
The Supreme Court reversed the search, saying that once the normal police activities were complete no further investigative detention was permissible, absent newly developed suspicion of criminal activity.
73
Physical Force to Accomplish a Detention
Reasonable Force may be used to accomplish a lawful detention. Inherent to the right to make a detention based on reasonable suspicion "is the authority to use reasonable force to effectuate the detention." (Muehler V. Mena)
74
Haugen V. Brosseau
An officer chased a suspect on foot after breaking up a public fight. The subject had a warrant and got into a jeep and tried to drive away. The officer shot him as he drove away, striking him.
Supreme Court found this was not clearly unreasonable. (DO NOT TRY IN 2022)
75
Dunaway V. New York
A murderer's confession was suppressed because he was effectively arrested by investigators when he had been seized him and brought him to the PD for interrogation.
76
Transportation to and investigative detention at the station house without probable cause or judicial authorization together violate the Fourth Amendment. The line is crossed when police without PC or a warrant forcibly remove a person from his home or other place and bring him to the station.
Defacto Arrest
77
The involuntary movement of a suspect for a ______ _____ constitutes a de facto arrest, which must be supported by probable cause.
substantial distance
78
Status Quo Detentions
When a detention is initiated, the officer's first goal is often to stabilize the situation until a safe and orderly investigation can be conducted, to either clear the suspect and free him to go on his way, or to establish probable cause justifying a formal arrest.
Sometimes even before it can be determined whether or not a crime has occurred or whether a particular person is the perpetrator, officers may need to maintain the status quo while things are sorted out.
79
A temporary detention can sometimes be made to maintain the _____ ___ of a suspicious situation pending investigation.
status quo.
80
The constitutionality of detentions is determined on an _____ basis.
objective
The reviewer of a detention need not limit their analyses to the validity of an officers stated rationale but may consider all of the objective facts to identify any legitimate basis for which may justify the detention.
81
Brower V. County of Inyo
During a high-speed chase, deputies set up an 18-wheeler, and set up a cruiser with headlights to blind the driver so he struck it.
Supreme Court held that Brewer had a valid Fourth Amendment claim. Contrasting the situation in which a police car merely pursues a suspect vehicle to try to bring about a submission to authority the court said a roadblock is not just a significant show of authority to induce a voluntary stop but is designed to produce a stop by physical impact if voluntary compliance does not occur.
82
To prevent civil liability from arising from temporary detentions, law enforcement officers must have _______ ____ to justify the detention and must have a valid ______ for any use of force.
reasonable suspicion
| justification
83
Private Citizens Arrests
A formal arrest occurs when an officer receives the arrested person from the arresting citizen and takes official custody.
84
De Facto Arrest
If an officer without telling the person he or she is under arrest, handcuffs the person, places them in a car and transports him to the office, this would constitute a de facto arrest.
85
Kaupp V. Texas
A 17-year-old was awoken at 3AM and handcuffed, brought to the station and interrogated. He made incriminating statements.
Supreme Court reversed and ordered the statement suppressed. The court said Kaupp was subjected to a de facto arrest without probable cause, and his statement should not have been admitted against him.
86
Even without a formal arrest, a person is subjected to a __ ______ arrest, requiring PC, if he or she is treated like an arrested person.
de facto
87
Arrests may constitutionally be made only with a judicial warrant, or upon probable cause, meaning facts that justify a reasonable belief that the person committed or attempted to commit a _____ ___.
Criminal Offense - If officer arrests for one violation without PC, but a second offense has PC the arrest will be lawful even if booked or charged with the wrong offense.
88
Bench Warrant
Issued by a judge for a persons arrest, such as when someone fails to appear in court on a designated date.
89
Warrant by Officer
A magistrate or a judge can take an affidavit by a citizen, or officer and establishes PC for a suspect's arrest, even though no grand jury or prosecutoing attorney has made a crime - charging determination.
90
Prosecutor / Grand Jury Warrant
A Prosecutor can charge someone and have a warrant issued, or after being indicted by a grand jury.
91
The preferable justification for arrest is a _____ _____.
Judicial Warrant
92
A law enforcement may consider his or her _____ and _____ e when determining whether or not there is PC to make a warrantless arrest.
training and experience
93
Adams V. Williams
A Sergeant got a tip from a known person, who had provided him with information in the past. The officer approached the identified car and removed a handgun, and heroin from an occupant.
The Court found that the informant was known to him personally and had provided him with information in the past. This is a stronger case than obtains in the case of an anonymous telephone tip.
94
Draper V. US
A reliable informant told a drug agent that Draper would be arriving on a certain train and would be wearing particular clothes and carrying a tan zippered bag. The informant said it would contain heroin. The officers arrested him and found 865 grams of heroin.
The Supreme Court found that the informant's information had always been found accurate and reliable, and the agent verified very facet of the information given him by the informant except whether defendant had accomplished his mission and had heroin in his bag.
95
PC to arrest may be based on information from a _____, _____ informant, or from a presumptively - reliable informant, such as a crime victim, witness, or fellow officer
known, reliable
96
Brinegar V. US
The Supreme Court held that what is required to prove guilt in a criminal case and what is required to show probable cause for arrest or search. The court referred to the inappropriateness of applying the rules of evidence as criterion to determine probable cause.
97
Court admissibility rules do not limit the use of _______ to establish PC for arrest.
evidence
98
A suspect's admission to having committed a crime _____ generally supply PC to arrest.
will
99
Atwater V. City of Lago Vista
A police officer saw Atwater for violating a Texas ordinance requiring the driver and all passengers in a motor vehicle to wear seat belts. He warned her before and arrested her for the violation. She was released by a magistrate an hour later and sued since it was only subject to a $50 fine.
The court found that the arrest was legal, saying it may not have been the best judgment, but held that PC that a person has committed ANY offense allows a custodial arrest. (Was a criminal offense)
100
For Fourth Amendment purposes, an arrest supported by PC is ____ without regard to the nature or seriousness of the criminal offense.
valid
101
Maryland V. Pringle
A Baltimore Officer stopped a car containing 3 men for speeding. The officer obtained consent to search and found money, and cocaine in the vehicle. All three men denied owning the drugs or money, and all were arrested. At the station Pringle confessed it was his.
Supreme Court held that whether or not evidence of joint possession would be sufficient for convicted based on a reasonable doubt standard, probable cause is much less demanding.
102
Virginia V. Moore
Officers stopped a vehicle driven by Moore and arrested him for driving on a suspended license. The law stated they were to be summonsed and released. The officers took Moore into custody and performed a search incident to arrest finding cocaine.
Supreme Court said since Moore was arrested his case fell under the rule that a lawful arrest permits an incidental search. State law restrictions do not alter this constitutional rule.
Knowles V. Iowa says merely means that if officers do no more than stop a motorist and issue a citation, the vehicle may not thereafter be searched "incident to arrest."
103
The Fourth Amendment rules on warrantless arrests are not contingent upon ____ qualifications or departmental policies.
statutory
104
US V. Santana
An undercover officer purchased drugs from Santana's home, using marked and recorded bills. The officers approached Santana who was standing in the doorway of her house and identified themselves as police officers. Santana stepped back into the vestibule and the officers caught her there and arrested her.
The Supreme Court held that although a warrant is generally required in order to make an arrest inside a home, no warrant is necessary if the arrest occurs in public. The court said that an open doorway is a public place, for purposes of this rule.
105
A probable cause warrantless arrest can be made in any public place, including an _____ ______.
Open Doorway
106
Entry to arrest requires separate justification from the arrest itself, and must be mae either by _______ or recognized exception.
warrant
107
5 Exceptions that will allow entry to make a warrantless arest
```
Consent
Exigency
Hot Pursuit of a dangerous offender
Preventing Escape
Probation and Parole
```
108
Hiibel V. Sixth Judicial District of Humboldt County
A deputy went to a disturbance involving a male and female fighting in a truck. The deputy met with an intoxicated male who refused to identify himself. The male was arrested and identified as Larry Dudley Hiibel for obstructing by failure to ID.
The Supreme Court affirmed the conviction and held the nature of the incident under investigation permitted the deputy to demand ID and arrest Hiibel for resisting, delaying, or obstructing when he repeatedly refused to give his name.
109
A lawful arrest permits a demand for identification, and the refusal to ID may permit an arrest or additional charges under state statutes criminalizing resistance, delay, or obstruction.
110
A limited ______ search is within the scope of activities permitted by lawful custodial arrest.
contemporaneous
111
Reasonableness Test for Use of Force
- the severity of the crime at issue
- whether the suspect poses an immediate threat to the safety of officers or others
- whether he is actively resisting arrest or attempting to evade arrest by flight (Graham V. Connor)
112
Force can constitutionally be used to make an arrest where the objective circumstances show that there were valid reasons for resorting to the level of force employed based on
the suspect's conduct and the nature and circumstances of the suspected crime.
113
Tennessee V. Garner
Memphis police shot a prowler has the fled by jumping over a fence. The officer shot Garner in the back.
The Supreme Court said that although the statute lawfully allowed the shooting, the Fourth Amendment was violated.
114
Garner Standard for the Constitutional Use of Deadly Force
- The suspect in any crime threatens the officer or another with a weapon OR
- There is PC to believe an escaping suspect committed a dangerous offense AND
- Deadly force is necessary to prevent escape; AND
- If Practical, a warning is given before deadly force is used.
115
Notwithstanding state statutes and departmental policies, deadly force can __________ be used only where necessary in self-defense or defense of others, or to prevent escape of suspected dangerous offenders, after a warning, if feasible.
constitutionally
116
NLRA
National Labor Relations Act - Protects certain labor organizing and protesting activities. State Statutes and Constitutional provisions often impose additional restrictions.
117
Since there is generally no emergency requiring immediate action with respect to arrests of those suspected of violating obscenity laws, or incident commercial exposure ordinances, the best course for law enforcement officers is
to obtain samples of obscene materials, or taped or eyewitness accounts of lewd acts
apply for a search warrant for any seizure of materials
and an arrest warrant for the offending parties.
Where possible the affidavits and warrant applications may be reviewed by local prosecutors or civil counsel before submission to the magistrate.
118
Uncounseled arrests of those _______ exercising their First Amendment rights on social, political and other issues may prove to be unconstitutional, based on a cast body of complex legal decisions.
peacabl.y
119
County of Riverside V. Mclaughlin
The Supreme Court disapproved of a California statute that sometimes-allowed warrantless arrest to remain in jail up to 7 days before seeing a magistrate. Found the Fourth Amendment requires a judicial review of warrantless arrests within 48 hours.
120
In most cases, the PC for a warrantless arrest must be approved by a judicial officer within ____ of arrest
48 hours
121
Although non-compliance has no effect on admissibility of evidence in a criminal case, law enforcement officers have a duty to comply with the Vienna Convention, and American compliance can support reciprocal efforts to protect US Citizens _____ in signatory counties.
arrested
