Legal Issues Quiz 1 Flashcards
Hierarchy of Police Encounters
Consensual
Investigative
Arrests
First Amendment
Freedom of Speech, Religion, Press, Assembly, and Petition
Second Amendment
Right to bear arms
Third Amendment
Quartering of soldiers
Fourth Amendment
Arrests and searches
Fifth Amendment
Rights of persons accused of crimes
Sixth Amendment
Rights of persons on trial for crimes
Seventh Amendment
Jury trials in civil cases
Eighth Amendment
Limitations on bail and punishments
Nineth Amendment
Rights kept by the people
Tenth Amendment
Powers kept by the states or the people
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fourth Amendment
Fourth Amendment Analysis
Need to balance
citizens rights to privacy and right to be free from unreasonable searches and seizures versus
governmental interests in effective crime prevention and detection, and protection of LEOs from armed and dangerous people
Reasonableness of “Seizures”
Reasonable suspicion
Probable cause
“Reasonable suspicion” for a STOP
facts and circumstances which would cause a reasonable person to suspect that criminal activity is afoot
“Reasonable suspicion” for a FRISK
facts and circumstances which would cause a reasonable person to suspect a person may be armed and dangerous
“Probable cause” for an ARREST
facts and circumstance which would cause a reasonable person to believe that a crime has been committed and a particular person committed the crime
“Probable cause” for a SEARCH
facts and circumstances which would cause a reasonable person to believe that evidence/contraband/stolen property is located in a particular place to be searched
Reasonable suspicion
an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop
confirm suspicions
investigate further and/or arrest
dispel suspicions
release without further delay
Reasonable suspicion must balance
law enforcement purposes to be served by the stop
vs.
the intrusion on individual liberty
Reasonable suspicion will be judged by
the totality of the circumstances
information from informants can be relied up if it bears
indicia of reliability
the length of any detention must be
reasonable under the particular circumstances presented
the authority to frisk for weapons does not allow the seizure of any other contraband unless the nature of the item is
immediately apparent
The “Plain Feel” Doctrine
if during a lawful pat-frisk of the outer clothing of a suspect, and officer feels an item that is NOT a weapon, but the illegal nature of the item is IMMEDIATELY APPARENT, without manipulation, the officer may reach into the suspect’s clothing to recover the item
