Criminal Procedure Flashcards
Constitutional Rights Not Binding on States
Right to indictment by a grand jury for capital and infamous crimes is not binding on states
Seizure - General Definition
Any exercise of control by gov agent over a person (including arrests) or thing must be rx
What constitutes a seizure of a PERSON?
When under TOC, a rx person would feel they are not free to decline officer’s request or otherwise terminate encounter
When does an arrest occur?
When police take a person into custody against their will for purposes of criminal prosecution or interrogation
Probable Cause for Arrest
An arrest must be based on PC –
(1) Trustworthy facts or knowledge;
(2) Sufficient for a rx person to believe that the suspect has committed; or
(3) Is committing a crime for which arrest is authorized by law; and
(5) PC must be based on totality of circumstances (TOC)
Does an arrest require a warrant?
A warrant generally is NOT required before arresting a person in public place BUT police generally must have a warrant to effect a nonemergency arrest of a person in their home.
The officers executing the warrant may enter the suspect’s home only if there is a reason to believe suspect is within it.
Station House Detentions
Police must have full PC for arrest to bring a suspect to the station for questioning or fingerprinting against person’s will
What effect does an invalid arrest have on any subsequent prosecution?
Unlawful arrest by itself has NO impact on any subsequent criminal prosecution
Terry Stop - PC or RS?
Only require RS. Police have authority to briefly detain a person even if they lack PC to cause arrest.
-If police have RS of criminal activity or involvement in a completed crime supported by articulable facts (not hunch), they may detain a person for investigative purposes.
Frisk during Terry Stop - If police also have RS the detainee is armed and dangerous, they may frisk detainee for weapons.
Reasonable Suspicion (RS) Defined
More than just vague suspicion but less than PC. Whether police have RS depends on TOC
RS based on informants tip requires…
Indicia of reliability - including predictive info
Duration and Scope of Terry stop
- No time limit
- Police must act in a diligent and reasonable manner in confirming or dispelling their suspicions
- Police may ask detained person to identify themselves and may arrest the detainee for FAILURE to comply with such a request
Terry stop –> Arrest ?
Other PC for arrest arises during stop
Brief Property Seizures
valid if based on RS
Car stop requires…
RS to believe law has been violated
Is a dog sniff during a traffic stop a search?
No, so long as police do NOT extend the stop beyond the time needed to issue a ticket or conduct normal inquiries
Dog ‘alert’ to presence of drugs during traffic stop is basis of what?
PC for a search
Can police w/o PC use a drug sniffing dog outside the home of a suspected drug dealer?
NO
Police offers mistake of law & seizure
Does NOT invalidate a seizure so long as the mistake was reasonable
Seizure of all car occupants
Car stop is a seizure not only of driver but also of any passengers; thus, passengers have standing to raise wrongful stop as a reason to exclude evidence during stop
Informational checkpoints & roadblocks
- If police set up roadblock for purposes OTHER THAN SEEKING incriminating info about the drivers stopped, it is constitutional.
- If special law enforcement needs are involved, SCOTUS allows officers to set up roadblocks to stop cars w/o individual suspicion the driver violated some law; but roadblocks must:
(1) Stop cars on basis of some NEUTRAL, ARTICULABLE standard (every car); AND
(2) Designed to serve purposes closely related to a particular problem pertaining to cars and their mobility
Police may order occupants out
- After lawfully stopping a car, in interest of officer safety, officer may order occupants of car to get out.
- If officer rx believes detainees are armed, officer may frisk occupants and search passenger compartment for weapons even after officer has ordered occupants out
Pretextual Stops
If police have PC to believe driver violated traffic law, they may stop car even if their ULTERIOR motive is to investigate a crime that they lack sufficient cause to make a stop
Detention to obtain a warrant
If police have PC to believe a suspect has hidden drugs in home, they may, for rx time, prevent the suspect from going into home unaccompanied so that they can prevent suspect from destroying the drugs while they obtain a search warrant