Criminal Procedure Flashcards
Seizure
Any exercise of control by a government agent over person or thing
What Constitutes Seizure?
When, under the totality of circumstances, a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter
Arrest
Occurs when the police take a person into custody against their will for purposes of criminal prosecution or interrogation
Probable Cause for Arrest
Arrest must be based on probable cause–that is, trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
When an Arrest Warrant is Required
A warrant is generally not required before arresting a person in a public place, but police generally must have a warrant to effect a nonemergency arrest of a person in their home
Investigatory Detentions - Terry Stops
Police have authority to briefly detain a person if they have reasonable suspicion of criminal activity or involvement in a completed crime, support by articulable facts
(or if they have a reasonable suspicion that detainee is armed and dangerous, they may frisk for weapons)
Automobile Stops
Police may stop a car if they have at least a reasonable suspicion to believe that a law has been violated
Search and Police Dogs
A dog sniff does not constitute a search; a dog alert to the presence of drugs can form the basis for probable cause to search
Police Officer’s Mistake of Law
A police officer’s mistake of law does not invalidate a seizure as long as the mistake was reasonable
Seizure of all Automobile Occupants
An automobile stop constitutes a seizure not only of the automobile’s driver, but also of any passengers as well
To be valid, a roadblock must:
- Stop cars on the basis of some neutral, articulable standard; and
- Be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility
