Investigatory Seaches Flashcards
Terry Stop
Polce can briefly detain w/o proably cause IF: have reasonable suspicion supported by articular facts (depends on totality of circumstances)
Frisking
Police can briefly frisk if reasonable suspicion that detainee is armed and dangerous
Frisking (Plain Feel)
If officer reasonable believes by PLAIN FEEL that object is weapon or contraband can seize
Duration and Scope of Stop
No set limit, police must act diligent and reasonable in dispelling their suspicions
Detention Turns Into Arrest If:
Other probable cause arises from detainment
Automobile Stops
Police may stop car if have reasonable suspicion that laws have been violated.
Stop constitutes a seizure of all occupants, may order occupants and frisk if officer has reasonable belief of armed or dangerous
Automobile Stops (Exceptions to Reasonable Suspicion)
Stops designed to serve purposes closely related to particular problem pertaining to automobiles and their mobility (dui stops, border crossing stops MUST BE NEUTRALLY APPLIED)
Pretextual Stops
Stopping someone with an ulterior motive THEY ARE VALID
Dog/Human Sniffs at Auto Stops
Is not a search as long as stop is not extended beyond time needed to issue a ticket or conduct normal inquiries
Detention To Obtain Warrant
Officer may detain person who is believed to have drugs hidden in house from entering into home unaccompanies for reasonable time to obtain warrant.
Detention of Occupants of the Premises
A valid search warrant for contraband allows police to detain occupants of premise while search is conducted
Subpoena Grand Jury Appearances
Not a 4th amendment seizure of the person
Use of Deadly Force
Officer’s use of deadly force is a seizure of the person when officer uses to apprehend a suspect
