Criminal Procedure 1-8 Flashcards
What is required to challenge a Search and Seizure?
STANDING.
The challenger must have a reasonable expectation of privacy regarding the item or place searched.
*Courts have held that individuals have a reasonable expectation of privacy in that of which they own or possess.
Priority: HIGH
Arrests
When does Probable Cause arise?
It arises when the police officer has:
Trustworthy facts or knowledge,
Sufficient to warrant a reasonable person to believe,
That a crime has occurred.
*If in a public space, probable cause is all that’s required. If in someone’s home, a warrant is required to make an arrest.
Priority: Medium
When may a police officer Stop and Inquire?
If the police officer:
Has reasonable articulable suspicion,
That criminal activity is afoot.
*Allows only a brief detention for questions, after which the suspect must be released.
*An officer may make a request for information anytime, except on whim or caprice.
Priority: HIGH
When may a police officer Stop and Frisk?
If the police officer:
Has reasonable articulable suspicion,
That criminal activity is afoot, AND
That the person has a weapon.
*Under the Plain Feel Doctrine, the officer may only seize items during the frisk that he reasonably believes is contraband or a weapon.
Priority: HIGH
What is required for a valid Search Warrant?
To be valid:
There must have been probable cause;
The warrant must state with particularity the place to be searched and the items to be seized; AND
It must be issued by a neutral and detached magistrate.
Priority: HIGH
What are the exceptionsthat permit a Warrantless search and seizure?
Plain View doctrine.
Exigent circumstances.
Automobile exception.
Search incident to an arrest.
Consent.
Inventory searches.
Stop and Frisk.
Where the U.S. Supreme Court has concluded there is a special need.
Priority: HIGH
When is the use of sensory enhancement technology deemed a search?
If:
The technology is NOT in general public use; AND
The police obtain activities inside the home.
It also depends on the type of surveillance, the type of information accessed, the nature of the property and the availability of the tech used.
Priority: Medium
Exception to Warrant Requirement
Plain View Doctrine
The police may seize evidence without a warrant if:
It is observed in plain view (5 senses);
From a place the officer is lawfully permitted to be; AND
Probable cause exists to believe that the items are evidence of a crime or contraband.
Priority: HIGH
