Law Enforcement Digest Flashcards
STATE VS SANDOVAL
An Access Device only needs to satisfy “Can Be Used” at the time it was stolen.
STATE VS CARRIERO
Officers blocked a car in an alley from either side
Asked for ID
This is a seizure.
Case overturned.
CITY OF SHORELINE V MCLEMORE
“OBSTRUCTED” a DV by not opening door.
Supreme court 4/4 split.
Is passive resistance, not opening a door, obstruction?
This is more likely to work with a vehicle
STATE V JOHNSON
"Hey, is this Taylor's car" Officer ruse sounded like investigation, which sounds like detention. Add to that they prevented exit. This is a seizure. Gun found. Gun lost. Overturned
STATE V MELLAND
Dude breaks gf finger while grabbing phone to prevent dv.
This prevents DV. This was not intentional assault.
Assault Overturned.
GF tells doctor about it. Wasn’t dr’s intent to interrogate. This is cool
STATE V CONNORS
Attempt to elude requires an officer “in uniform”
A plate carrier with “police” is fine.
Describe your uniform in police reports
STATE V HAGGARD
A SW must be particular, but can have generalities at the same time.
A SW must not have reckless omission.
Plain view discoveries do not exceed scope.
Moving an item to document a serial number is neither search nor seizure.
Upheld.
UNITED STATE V BROWN
A report of a person with a gun (legal) is not enough for Terry, even with flight.
Overturned.
STATE V EARL RAY PHILLIPS
Force in a robbery can be to retain a stolen item or impede rightful owner from retrieving.
Upheld
STATE V VANCE
BITTORRENT case.
Admin subpoena eventually ok
Warrant is particular when it refers to statute.
Consider defining “sexually explicit conduct”
STATE V HARRIS
Two people sleeping in a car leading to arrest for drugs.
Overturned.
Fucking knock first.
RODRIGUEZ V CITY OF SAN JOSE
220 husband gets his guns taken.
Wife fucking sues.
Taking the guns was fine.
STATE V SCANLAN
Old man DVed by young gf.
Dr statements got her convicted.
Non-testimonial doctor statements are all good.
Don’t influence a dr.
STATE V ANDERSON
Totality determines exigent blood draw. HORRIFIC collision. Bad injuries for suspect. 90 minutes to get a warrant. Signs of impairment
STATE V BOISSELLE
Carpet wrapped body in a garage.
“Community caretaking” entry formulated after the discovery of a crime was unlawful.
Search was pretext.
Search warrants can reference “Fail to notify coroner” law to discover dead bodies.
STATE V PECK
AUTOMATIC STANDING
You can challenge search and seizure even when you have no privacy interest IF possession is element of crime and defendant in possession at time of search.
Inventory searches on stolen vehicles are a little different because you are sorting out who owns what.
Unlocked innocuous containers cool to search. Less innocuous (purse, bag), not so much.
Justices Split
STATE V VELLELA
This one overturned Hailey’s law.
Mandatory impound is unconstitutional
STATE V ALEXANDER
Don’t search a backpack when it’s not held, worn, or carried.
Possession at “Time of arrest rule”
STATE V RICHARDS
May search closed, unlocked container.
Zippered pouch in a purse incident to arrest.
“Time of arrest” rule satisfied