Monday, sept 16 Flashcards
what are the four different types of police encounters (4)
- voluntary
- public safety stop: looking at things that could harm you (missing tire on the road) (seizure but no investigatory aspects; aka no license and reg, but can become one, if prob cause)
- investigatory detentions: (if you were involved in a crash, going to a house to investigate a noise compl) (not usually free to go, but not in custody)
- Arrest: warrant, can follow the i.d.^
What are the parameters that allows them to search (fourth amendment)
- reasonable search: need info to conclude illegal act. might be occurring
- warrant: docu that states where and why plus it is
What locations constitute as private (2.5)
- your home
- your body (including in pockets) to find probable cause- they conduct pat down for things that can harm the officer, but not a drug bag for ex
less but still:
- your car
What is not private? (situations that do not require search warrant) (6)
- garbage: if it’s on the road, not while on ur property
- area within your reach if you are arrested in your home
- when u give ur consent
- Plain view: if it is seen by an officer in a location they are allowed to be (cant move stuff around)
- Dog sniff searches:
(not considered a search)
when dog alerts = prob cause - Public safety
Motion to supress
Something a defendant can file:
When you give ur consent to search, if the defendent feels that they were pressured or threatened into giving consent
basically, throws out use of evidence
What is the best way to search?
With a warrant
- from an unbiased (neutral mandestrate) judge
- signed after davit by officer (can include hearsay): lists the p.c.
- probable cause
- specific location
- specific time and date for when they can begin search (there’s a time limit)
- there’s a limit to how they can search
What is probable cause?
facts that lead a reasonable person to believe a criminal act has been committed
What is included in a warrant?
- signed after davit by officer (can include hearsay): lists the p.c.
- probable cause
- specific location
- specific time and date for when they can begin search (there’s a time limit)
- there’s a limit to how they can search, depending on what they are looking for
What are the steps after something is seized?
Prepare a “return” to prove they executed the warrant (goes to prosecutor and judge)
- describe if they weren’t cooperative: charged w interfering
- for ex w a car, they will seize then ask for the warrant), then they can search
Franks hearing
info that is believed to be incorrect, misleading, or left out ->
call for hearing to determine if there is still p.c. after revision
Challange a search warrant
“four corners” rule
can’t add info later
If evidence is seized incorrectly, can the analysis that follows still be used?
no
Can a stop be prolonged to call a