NY BAR REVIEW CRIMINAL LAW AND PROCEDURE 4

Question 1

4th amm

art 2 sec 12

Answer 1

unlawful / unreasonable searches and seizures by police

need good reason for this for your body or property

Question 2

warrantless arrest

Answer 2

arrest for any crime, if has REASONABLE CAUSE to believe committed crime whether or not was in officer’s presence
courts give greater scrutiny

Question 3

reasonable cause

Answer 3

equivalent to this standard

provable cause requirement under 4th amm

Question 4

police intrusion

Answer 4

person on the street
measure of police’s behavior
degree of knowledge needed to justify

Question 5

police intrusion

Answer 5

person on the street
measure of police’s behavior
degree of knowledge needed to justify

Question 6

level 1

Answer 6

officer can approach citizen in street or public place to request information - objective credible reason for interference
no indicative of criminality

Question 7

level 1

Answer 7

officer can approach citizen in street or public place to request information - OBJECTIVE CREDIBLE REASON for interference
where coming, going, ID
no indicative of criminality
cannot be used ARBITRARILY by police - whim, caprice, desire to harass

Question 8

level 2 (common law inquiry)

Answer 8

intrude on privacy to greater degree
request for information,
this is NOT a seizure by police
founded suspicion that criminal activity is afoot

Question 9

level 3

Answer 9

stop and frisk
officer forcibly stops and detains person when has reasonable suspicion that person has, is or about to commit felony or misdemeanor

Question 10

authority to frisk

Answer 10

on outer of garment looking for weapon
doesn’t apply to feeling something else - unreasonable search
if police believes endangered physical injury of being armed

Question 11

level 4 PROBABLE CAUSE

Answer 11

officer arrests and takes into custody, believe committed crime in his present
arrest
search
incident to an arrest