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POLICE ACADEMY > Search and Seizure > Flashcards

Search and Seizure Flashcards

1
Q

General warrants or Rits of Assistance

A
  • Issued on mere suspicion
  • No PC
  • No Judicial authorization
  • No inventory/ or items to be seized
  • Good till the person who wrote it dies plus 6 months
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2
Q

What part of the CT constitution mimics 4th Amendment?

A

Article 1 section 7

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3
Q

Judicial branch does what?

A
  • Interprets laws

- Involves judges

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4
Q

Executive branch does what?

A

-Enforce laws-

Involves prosecutors, police, and corrections

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5
Q

Legislative branch does what?

A

Writes laws

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6
Q

Drafters of constitution philosophy?

A
  • Individual rights

- The government exists from the GOVERNED consent

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7
Q

Bill of rights

A

First 10 amendments of constitution

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8
Q

14th amendment does what?

A
  • Due process clause

- State and local government have to follow federal law

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9
Q

Judicial Review?

A
  • Unique
  • America invented it
  • US supreme court has final say on what the constitution means
  • They INTERPRET the constitution
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10
Q

4th amendment does what?

A
  • Protects PEOPLE not PLACES

- Restricts federal government

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11
Q

The federal constitution acts as a what?

A

Basement

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12
Q

Our state constitution acts as what?

A
  • A ceiling
  • Gives additional rights to citizens
  • CT supreme court acts as final say for OUR constitution
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13
Q

54-1f

A
  • Arrest w/out warrant

- To have a constitutionally valid arrest all you need is PC

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14
Q

How to apply 4th amendment (3 parts)

A
  • Government action
  • Search or a Seizure
  • Constitutionally protected area
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15
Q

What is a constitutionally protected area?

A

Area without a reasonable expectation of privacy

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16
Q

What is a Search?

A

An intrusion into an area where a person has an reasonable expectation of privacy, with the intention to discover evidence of a crime.

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17
Q

What is Seizure?

A

Would a reasonable person feel free to leave?

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18
Q

Does the constitution define reasonable?

A

NO

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19
Q

Who tells us what reasonable is?

A

The US supreme court

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20
Q

US v Katz concluded what?

A

Where there is a reasonable expectation of pivacy

  • Was there an subjective expectation of privacy?
  • Was there an objective exception of privacy?
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21
Q

What is objective?

A

Reality (what society excepts as reasonable)

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22
Q

What is subjective?

A

The persons perception of reality

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23
Q

What is standing?

A

For a person to have legal standing to challenge the constitutionality of a searcher seizure they MUST have an reasonable exception of privacy to that area or item.

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24
Q

Places where people expect privacy

A
  • House (temp or permanent)
  • Overnight guest
  • Apartment
  • Hotel room while rented
  • Dorm room
  • Where a person has total legal right to control access and exclude others
  • Cartilage
  • On your person
  • Motor vehicle
  • Persons belongings
  • Thermal imaging or technology not available to public
  • GPS tracking of MV
  • Cell phone or computer
  • Motor home
  • Homeless persons belongings
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25
Q

4 part Cartledge test

A
  • Proximity to home
  • Whether an area is in an enclosure around a home
  • Nature of the use of the area
  • Steps taken to protect the area
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26
Q

Places where the is NO expectation of privacy

A
  • Abandoned property
  • Abandoned MV
  • Property discarded while being pursued by PD
  • Property left in a public place not out of necessity
  • Garbage at the curbside
  • Business guest at a home
  • 3rd party records
  • Physical attributes on public display
  • Arial surveillance of a persons property in navigable airspace using the NAKED eye
  • Woods or open fields
  • Motor vehicle in which you are a passenger
  • Use of a flashlight to look in a car
  • Prison cell
  • VIN # of a MV
  • License plate
  • Common hallway
  • Conversations overheard in adjacent apartments
  • Any place open to the public
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27
Q

Probable cause

A

The facts and circumstances that would lead a reasonable to believe that a crime has been or is about to commited

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28
Q

With probable cause can a innocent person be arrested?

A

YES

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29
Q

Objective standard

A

Reasonable people can reasonably disagree

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30
Q

Needs for PC

A
  • Must be based on the “totality of the circumstances”

- Based on “all the officers training and experience”

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31
Q

3rd party searches

A
  • Evidence is admissible even if obtained illegally only if the person is not acting as an agent for the government
  • Who determined the action?
  • Who determined to give the evidence to the police?
  • Was the citizen prompted to give the evidence to the police?
  • Prior knowledge by government
  • Request or authorization by police for the person to do it
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32
Q

A warrant is what?

A

Per say REASONABLE

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33
Q

No warrant is what?

A

Per say UNREASONABLE

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34
Q

Is the constitution silent to what happens when the 4th amendment is violated?

A

YES

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35
Q

What is the main purpose of the exclusionary rule?

A

To deter unlawful police conduct

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36
Q

Conclusion of Weeks v US

A

Exclusionary rule: allowed evidence to be thrown out if obtained while violating 4th amendment

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37
Q

Silver platter doctrine

A

Federal courts could use evidence obtained illegally if obtained via state officers

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38
Q

What was the conclusion to Mapp v Ohio?

A

Exclusionary rule applied to EVERYONE

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39
Q

Fruits of poisonous tree

A

Any evidence derived from an unconstitutional search or seizure gets thrown out

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40
Q

US v Leon and the good faith exception

A

Concluded the that when an officer i good faith applies for a warrant and then is signed by the prosecutor and judge the EXCLUSIONARY RULE does not apply

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41
Q

State v Marsala

A

No good faith exception in CT

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42
Q

Inevitable discovery doctrine

A

State must prove by preponderance that the evidence seized in violation of the 4th/5th amendment would have been inevitably discovered by other means

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43
Q

Important requirements for Inventory search

A
  • Have a department policy
  • Person must be taken into custody
  • Department policy must be complied with ROUTINELY
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44
Q

Reasons for Inventory search

A
  • Protection of property owners
  • Protection of Police from claims of stolen property
  • Protect police from danger within vehicle
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45
Q

Whats the crux of inventory searches?

A

EVERYONE must FOLLOW it

46
Q

Exceptions without a warrant

A
  • Inventory
  • Plain view
  • Investigative detention (Terry stops)
  • Consent
  • 3rd party consent
  • Exigent circumstances = Probable cause + Serious crime and evidence distraction, or Life in danger, or Flight of suspect
  • Care taker function
  • inventory
  • Search incident to an arrest
  • Motor vehicle exception
  • Hot pursuit
47
Q

Plain view test (2 part)

A
  • Your at the location legally at the time of the observation, Lawfully in position to view the item at the time of viewing
  • Probable cause to seize the item and the PC is immediately apparent.
48
Q

Arizona v Hicks taught us what?

A

Cant move items during plain view searches

49
Q

Plain view

A

Immediately apparent

50
Q

Terry stops require 2 things

A
  • Reasonable suspicion for the SEIZURE of the person

- A second reasonable suspicion that the person might be armed or dangerous for the pat down itself

51
Q

What 3 things go hand in hand?

A
  • Drugs
  • Violence
  • Weapons
52
Q

Reasonable Suspicion

A
  • Based on “totality of circumstances”

- Based on “training and experience”

53
Q

Ways to establish reasonable suspicion

A
  • Personal observations by the Police officer
  • Credible 3rd party info
  • Furtive or suspicious behavior
  • Unprovoked flight or other evasive action
  • Unprovoked flight ALONE is not enough
  • Unprovoked flight in an high crime area IS enough
  • Type of neighborhood
  • Criminal activity occurring in that area
  • Physical descriptions
  • Temporal or spacial proximities to a crime
  • Prior knowledge of suspect and criminal history
  • Totality of circumstances
  • Training and experience
54
Q

Alabama v White

A

An anonymous tip that is predictive in nature and corroborated by law enforcement is sufficient for reasonable suspicion

55
Q

Florida v JL

A

Anonymous tips that are merely descriptive in nature are not enough for reasonable suspicion

56
Q

Can police start an investigation for any reason?

A

YES

57
Q

3 ways to be seized

A

-Physical force
-Submission to authority (first 2 required by 4th amendment)
Under CT constitution a show of force can be a seizure

58
Q

State v Hill

A

The mere approach of an officer does not constitute a seizure

59
Q

Duration of a Terry stop

A
  • Brief and to maintain status quo
  • Temporary and last no longer than necessary
  • Once suspicion has been alleviated the person must be let go
  • You cannot take someone on a terry stop to the police department
60
Q

What are the 2 reasons you can stop a motor vehicle?

A
  • Reasonable suspicion

- Probable cause

61
Q

Your actions/facts during Terry stops

A
  • Brief status quo
  • Once suspicion has been alleviated the person needs to be let go
  • There is NO bright line on the duration of Terry stops
  • All the info you used to acquire your reasonable suspicion has to be DOCUMENTED
62
Q

Dog sniffs and Terry stops (Vehicles)

A

Dog sniffs during a terry stop are permitted during terry stops as long as the time to get the dog does not exceed the time required for the justifiable stop

63
Q

Length of Terry stops

A
  • You must diligently pursue a means of investigation to either dispel or prove your reasonable suspicion for the terry stop
  • A one hour detention has been deemed reasonable per CT courts
64
Q

Where can police officers do Terry stops?

A

ANYWHERE as long as you have reasonable suspicion

65
Q

Using a witness to ID suspect during a Terry stop

A
  • The best practice is to have it made where the suspect was originally stopped
  • By having the witness goto the suspect you avoid the risk of turning a terry stop into an arrest
  • BRING THE WITNESS TO THE SUSPECT
66
Q

Use of force during a Terry stop

A
  • Under certain circumstances a person detained may be HANDCUFFED and placed in the BACK OF THE CRUISER
  • Removing suspects during a stop at gun point does not necessarily constitute an arrest
  • The court will decide under “the totality of circumstances” to decide if the stop was an actual arrest
67
Q

Automobiles and Terry stops

A
  • Police can order the driver out of the vehicle for any reason during a justified stop
  • Police can also order the passengers out for any reason
68
Q

Terry pat down of a vehicle

A

Police can pat down a passenger compartment of a vehicle for weapons LIMITED to the areas where a weapon might be hidden if they have reasonable suspicion that the detainee is dangerous and may have access to a weapon

69
Q

Spot checks and Road blocks

A

-As long as they do not single out individual motorists but effect all motorists equally are constitutionally permissible
THEORY: Everyone is treated fairly!

70
Q

Spot checks and Road blocks have been allowed for?

A
  • Checkpoints and to detect drunk drivers
  • License and Registration checks
  • Check points to detect illegal immigrants
  • Gathering information on crimes committed by others
71
Q

Do checkpoints that are looking for evidence of an ordinary crime violate the 4th amendment?

A

YES

72
Q

Consent

A
  • An exception to the 4th Amendment
  • A consent to search must be FREELY and VOLUNTARILY given and cannot be the product of THREATS, DURESS, OR COERCION.
  • A statement that the police will obtain a search warrant if consent is not given is COERCION and will almost always invalidate a search
73
Q

Do police officers have to inform a person that they have the right to NOT consent to a search?

A

NO

74
Q

3rd party consent

A
  • The consent of a person who possesses COMMON authority over premises/ or affects is a valid against the absence of the non-consenting person with whom authority is shared.
  • MUST HAVE COMMON AUTHORITY
75
Q

Apparet authority and Consent facts

A
  • Under the 4th amendment a consent to search is lawful if the police reasonably believe the person consenting to the search has authority to do so.
  • Being invited into someones home is consent to enter the home.
  • When 2 people share a common authority of an area/item either one can withdraw consent.
  • A person has to be left in a position to withdraw consent.
  • Consent can be LIMITED.
76
Q

Arizona v. Gant

A

You cannot just search a car incident to an arrest if the charges don’t call for further search of the car (drugs, guns, etc..)

77
Q

California v. Riley

A

You can’t search someones cell phone without a warrant unless you have extreme circumstances

78
Q

Exigent circumstances test

A 
Probable cause + Serious crime (both required)
and 
Evidence destruction
or
Someone will escape
or
Someone will be hurt/needs help
79
Q

Care taker function

A

So long as entry into the vehicle is to secure the owners property for safe keeping and is not a exploratory search the police have the legal right to enter the vehicle.

80
Q

Search incident to an arrest

A
  • If you have probable cause to arrest someone you can search the immediate area also
  • The search of a person and his immediate area is allowed even if it is in his own home.
  • Immediate area = the area in immediate control of the arrestee in which he may gain control of weapon or destroy evidence.
  • Which includes his belongings.
81
Q

Can you the police accompany someone to get there belongings within their house if they are under arrest?

A

YES (State v. Shaw)

82
Q

Protective sweep (“Buie sweep”)

A

police can conduct a protective sweep of a house where an arrest is made if they have reason to believe that the area to be sweep harbors a person posing a danger to them or others.
-ONLY AREAS A PERSON CAN HIDE

83
Q

What are the 2 exceptions to search a vehicle incident to an arrest?

A
  • The arrestee is within reaching distance of a passenger compartment at the time of the search and NOT under police control (BAD IDEA)
  • If it is reasonable to believe that vehicle contains evidence of the OFFENSE of the arrest
84
Q

Motor Vehicle Exception

A
  • VEHICLE MUST BE MOBILE
  • If the vehicle is mobile you can search the car without an warrant so long as you have PROBABLE CAUSE
  • You may open closed containers
  • THE SCOPE OF THE SEARCH will be restricted to the object(s) you are looking for and the places they might be found
  • MUST take place at the scene of the incident
  • The smell of MARYJUANA is probable cause to search the motor vehicle
85
Q

Carroll Doctrine

A

A person has a lesser expectation of privacy in a motor vehicle and because they are so easily moved there is built in EXIGENCY

86
Q

Peyton/ Riddick rule

A

4th amendment prohibits police from making a warrantless non-consensual entry into a persons home to arrest him for a felony w/out an emergency (exigent circumstances)

87
Q

If you have an arrest warrant with the ADDRESS of the suspect can you force the door if you do not think he’s home?

A
  • YES but highly advised to not do it with MISDEMEANORS

- (FYI only with felony warrants)

88
Q

Plain feel doctrine

A

When a police is conducting a lawful terry top and during the pat down of the person feels what he knows is not a weapon but due to its mass and contour knows IMMEDIATELY that its contraband without FURTHER MANIPULATION.

89
Q

The emergency doctrine

A

-Entry into home does not have the probable cause requirement of exigent circumstances
-You are entering a home for one reason which is AID SOMEONE INSIDE
The TEST:
-Under the totality of circumstances would a well trained officer reasonably believe that a warrantless entryway necessary to assist the person inside in need of immediate aid

90
Q

State v. Santiago and the Hot pursuit doctrine

A

The defendants arrest did not immediately follow the defendants appearance at his doorstep after the knock on the door
(YOU CANT JUST KNOCK AND GRAB PEOPLE)

91
Q

Miranda and the 5th amendment

A
  • The right against self incrimination
  • Applied to TESTIMONIAL evidence only
  • The supreme court created the “Miranda” warning to protect persons right to self incrimination
  • If no MIRANDA WARNINGS are given when REQUIRED there is an IRREFUTABLE presumption of involuntary confession. (Cannot be argued!)
92
Q

Miranda math equation

A

Miranda(2) = Custody(1) + Interrogation(1)

93
Q

Custody defined

A
  • Taken into custody or deprived of his freedom by authorities in any significant way
  • Would a reasonable person in the suspects position believe that he was free to leave?
  • This is an objectively reasonable test in which the court will look at the “totality of the circumstances”
94
Q

Things with Custody taken into account

A
  • Suspects age

- Place where the interrogation takes place

95
Q

Terry stops and its relation to custody

A

Are not deemed custody for miranda purposes

96
Q

Are traffic stops deemed custody?

A
  • NO

- A reasonable person would feel to leave after they received the ticket

97
Q

Undercover agents/ Informants

A
  • If the defendant talks to an undercover agent or informant without knowing he is talking to a law enforcement officer NO custodial interrogation has taken place
  • Rationale: A person would feel compelled to speak in a “police dominated area”, but when the suspect speaks freely to a person who he does not know is a police officer there is no “coercive” atmosphere.
  • There can be 6th amendment violation to council with an undercover agent
98
Q

Interrogation defined

A

Words or actions on the part of the police officers that THEY know or SHOULD know are designed to elicit an incriminating response

99
Q

If a person invokes there right to remain silent what do you do?

A

IMMEDIATLY stop questioning

100
Q

After waiting a “reasonable amount of time” can the police reassume questioning?

A

YES

101
Q

What is the 6th amendment to us?

A

The right to counsel

102
Q

If a defendant invokes his right to council how do you re-initiate questioning?

A

-The person has to re-initiate
or
-The attorney must be present
You must re mirandize!!!

103
Q

When does the 6th amendment right to council kick in?

A

Arraignment

104
Q

Arraignment defined

A

Start of adversarial process

105
Q

Can a confession taken in violation of miranda be used for anything?

A

Yes to impeach a defendant (prove them a liar) only if they TESTIFY!

106
Q

Situations where Miranda is not required

A
  • Terry stops/ general on scene questioning
  • Volunteered statements
  • Routine booking questions
  • Traffic stops and the routine questions that accompany
  • Public safety exception (Looking for a gun, ect..)
  • *Interrogation reasonably prompted by concern for public safety**
107
Q

Waivers for miranda

A
  • Has to be knowing and voluntary
  • Can be expressed or implied
  • Silence alone cannot be taken as a waiver
  • Must have evidence suspect UNDERSTOOD nature of rights he was waiving
108
Q

Expressed waiver

A

Signs form or states he understands and he will speak with you

109
Q

Implied waiver

A

Saying he understands and starts answering your questions is an implied waiver

110
Q

Invoking of rights

A

-Must be clear and unequivocal
-Can invoke anytime
TEST:
A reasonable officer in the circumstances would understand that this is a request for an attorney

111
Q

Can someones attorney invoke the defendants rights?

A

NO

POLICE ACADEMY (14 decks)

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