Quiz 2 Flashcards
Probable cause
Facts and knowledge of a person that committed or is committing a crime
Reasonable suspicion
If an officer has thoughts that someone is engaging in criminal activity, they are allowed to detain you and ask questions
Four major duties
- Keeping the peace
2.Apprehending violators & combating crime - Preventing crime
- Providing social services
Consent warrantless arrest
The person with a privacy interests gives consent to be searched, then no warrant is needed. Limited to the area of consent
Plain View
If an officer is legally in a protected area & spots items that are illegal or evidence of a crime, then the item could be seized
Search incident to arrest
Once someone is arrested can search the person & their personal items
Safety Pat down
Terry stop (1968)
Officers can lawfully detain a person to pat them down for officers own safety
Searching for weapons only
Exigent Circumstances &b Hot pursuit
Probable cause for chasing someone in hot pursuit, can follow into someones home
Exigent = emergency
Fresh pursuit to cross jurisdictional lines
(6 Restrictions)
- Must have occurred within the pursuing officer jurisdictional boundaries
- Must be continuous and uninterrupted
- Commission of the offense & the pursuit must be closely related in time
- Cross jurisdictions must be notified
- If arrest is made in another jurisdiction then suspect is taken to the trail judge in county where the arrest occurred
- Follow Agency SOP’s
Misdemeanor exceptions
- Child abuse
- Battery
- Stalking
- Domestic Violence
Miranda Warnings
Reading a person their rights
Fruit of the poisonous tree
Anything found without a warrant. Because of the way the items where found
Exclusionary rule
Cannot use in a court of law
Notice to Appear
- Terminate the encounter
- Issues a notice to appear
- Physically take the person into custody
Notice to appear’s are for misdemeanors all felony’s will be transported
