fourth amendment - arrests and other detentions

Question 1

seizure

Answer 1

any exercise of control by a government agent over a person or thing

Question 2

seizure occurs when

Answer 2

under the totality of the circumstances, a REASONABLE PERSON would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter

Question 3

arrest occurs when

Answer 3

the police take a person into custody against their will for purposes of criminal prosecution or interrogation

Question 4

probable cause requirement

Answer 4

an arrest must be based on 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
- based on totality of the circumstances

Question 5

effect of invalid arrest

Answer 5

an unlawful arrest, by itself, has no impact on any subsequent criminal prosecution

Question 6

when can the police briefly detain a person for investigative purposes (a Terry stop)?

Answer 6

if they have a REASONABLE SUSPICION of criminal activity or involvement in a completed crime, supported by ARTICULABLE FACTS (not merely a hunch)

Question 7

Terry frisk?

Answer 7

if the police also have a REASONABLE SUSPICION that the detainee is ARMED AND DANGEROUS, they MAY FRISK the detainee for weapons

Question 8

reasonable suspicion

Answer 8

more than just vague suspicion but less than probable cause
- depends on totality of the circumstances

Question 9

does a police officer’s mistake of law invalidate a seizure?

Answer 9

no, as long as the mistake was reasonable