Legal - Unit 2 Flashcards
Criminal intent
the conscious decision someone makes to deliberately engage in an `unlawful or negligent act, or to harm someone else
Probable cause
reasonable grounds to believe that someone committed a crime, based on the totality of circumstances
General intent
when a suspect intentionally commits an illegal act prohibited by law without considering the results of the illegal act.
Specific intent
the intent to commit a crime and the intent to deprive an owner of something permanently. These crimes usually are done intentionally, knowingly, purposely, or willfully.
Transferred intent
when a crime is intended to harm one person and inadvertently causes a second person to be hurt instead
Recklessness
imposes criminal liability on defendants when they did not intend for a behavior to cause the resulting harm
Negligence
the failure to behave with the level of care that a reasonably prudent person would have exercised under the same circumstances
A Duty to Act With Care
A duty is usually created by statute or contract. For instance, everyone
who drives a vehicle in the state of Florida has a general duty to do so using reasonable care
Breach of the Duty to Act
the person unreasonably failed in the duty they were obligated to perform
Proximate cause
the link between the breach of duty and the harm caused
Compensatory damages
designed to compensate for the actual property damage, harm, or injury that the plaintiff suffers
Punitive damages
intended to punish the defendant for their act and to warn others from doing the same act.
Officers justification to act
intended to punish the defendant for their act and to warn others from doing the same act.
Consensual encounters
voluntary contact with a person and they are free to go at any time.
Investigative stop
only if the officer has reasonable suspicion that the person stopped was committing, is committing, or is about to commit a law violation
Reasonable suspicion
you can articulate, or put into words, facts that support a suspicion that the person stopped may be involved in a law violation
Terry v. Ohio
Terry and two associates repeatedly walking by and looking into a store
window. The officer suspected that the men were examining the store to plan a crime. The officer confronted them,
and when they did not respond appropriately, grabbed two of them and patted down their outside clothing. The officer
discovered that the men had guns in their jackets. The two individuals were arrested and charged with illegally
carrying concealed weapons.
Mackey v. State
determined that simply seeing a partially concealed firearm does not, standing alone, constitute reasonable suspicion or justify a frisk, since many people may lawfully possess a concealed firearm. If an illegal weapon or evidence of a crime is discovered during the detention, you may make an arrest if warranted
Plain touch / feel doctrine
allows the officer to seize the contraband even if it does not feel like a weapon
Contraband
anything that is illegal to produce, possess, or transport
Pretext stops
the officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity
Whren v. U.S.
Whren and a passenger were driving in an area known for high crime. Two officers patrolling the area noticed Whren’s vehicle sitting at a stop
sign for an unusually long time. Suddenly, and without using a turn signal, the vehicle sped off. The officers pulled over the vehicle based on the traffic
Probable cause
is based on the totality of circumstances and is the fair probability or
reasonable grounds to believe that a crime has been or is being committed
Developing Probable Cause
officers must be able to point to certain circumstances leading them to believe that a suspect committed a crime
Illinois v. Gates
established the totality of circumstances standard of probable cause. This is the standard for all arrests and warrants
Proof beyond a reasonable doubt
the standard used to determine if a criminal defendant is guilty. Based on the facts of the case, there is no other reasonable explanation than the defendant committed the crime.
A search
when an officer intrudes into a place where a person has a reasonable expectation of privacy
A seizure
when an officer affects a person’s right to have or control their property, usually by physically taking it. A seizure is also a physical arrest or detention.
Search warrant
a court order that authorizes law enforcement to conduct a search and seizure.
- It must be authorized and signed by a neutral magistrate or judge, and
- It must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a
crime will be found in the place to be searched, and - The basis of the information in the affidavit must come from reliable sources, and
- The affiant (the person who swears to the affidavit and signs it) may be anyone, but the person serving the
warrant must have jurisdiction over the place chosen for the search.
Probable cause required
- plain view
- mobile conveyance
- exigent circumstances
destruction of evidence
fresh pursuit
emergency scene
Plain View
Any contraband an officer can see can be seized without a warrant as long as three conditions are met:
* the officer is lawfully present in the place where they see the
item, and
* the item is in plain sight, and
* the officer has probable cause to believe that the item is contraband or crime evidence.
Sawyer v. State
a police officer saw a white pill on the console of a car and, thinking it was ecstasy, seized it. Testing proved the officer was correct. However, the court said that the pill’s nature as an illegal drug was not immediately apparent upon first sight, so the evidence was not permitted
Carroll doctrine
The scope of a search under the Carroll doctrine extends to the entire vehicle and to all containers where the evidence could reasonably be found.
U.S. v. Ross
justifies probable cause in the search of a lawfully stopped vehicle, to include the search of every part of the vehicle and its contents
Exigent circumstances
are certain emergencies, such as the c ase of evidence destruction, an emergency scene, or a fresh pursuit that justifies a warrantless entry.
Destruction of Evidence
If you have probable cause to believe that contraband or evidence is in immediate danger of being destroyed, you do not need to obtain a search warrant
Fresh pursuit
the immediate and continuous pursuit by officers of a suspect who is fleeing to avoid arrest. A fresh pursuit is not restricted to a vehicle and applies to every mode of transport, including foot and bicycle.
Emergency Scene
The emergency scene exception involves a situation in which
officers may make a warrantless entry to ensure their own
safety or that of the public.
Seibert v. State
officers were justified in entering a house, because they had an objectively reasonable basis to believe that a person was about to commit suicide.
PROBABLE CAUSE NOT REQUIRED
- consent
- inventory
- administrative searches
- incident to arrest
Consent
If the consent is knowing and voluntary and the person giving consent has the authority to do so, then the search is valid
Inventory
to conduct an inventory, which is a documentation of all valuable property in a vehicle and the description of the vehicle. An inventory is not designed to search for evidence
Administrative Searches
Subjects of this type of search include students, public schools, people in government offices, government property
Incident to Arrest
When a person is lawfully arrested and taken into custody, they may be
searched without a warrant. This is called a search incident to arrest
Abandoned Property and Open Fields
Searches of abandoned property and open fields are two search types that are often considered exceptions to the search warrant requirement because does not have a reasonable
expectation of privacy
