Criminal Procedure

Question 1

Warrant: Arrest

Answer 1

Generally not required to arrest a person in a public place; needed in non-emergency arrest in a person’s homes.

Question 2

Stop and Frisk

Answer 2

Need:

1. Reasonable suspicion of involvement in a completed crime; and
2. Supported by articulable facts.

IN ADDITION, if they believe armed and dangerous they can frisk.

Cops must act in a diligent and reasonable manner in confirming or dispelling suspicions. Cant have prolonged detention.

Question 3

Automobile Stops

Answer 3

Regular Stop: reasonable suspicion a law has been broken. Mistake is OK if suspicion was reasonable. PRETEXT IS OK.

Roadblock/Stop:

1. Stops cars on a neutral and/or articulable neutral basis; and
2. Be designed to solve problems particularly related to driving cars.

Stopping the car constitutes a seizure of all inhabitants. Cop may order occupants out.

Question 4

Search by a Non-Officer

Answer 4

Not a SEARCH. Unless the police suborn the search. I think.

Question 5

Considerations in Evaluating a Search

Answer 5

1. Does D have a 4th Amendment right in the area searched?
2. Did the police have a warrant?
3. Was the warrant proper?