Search and Seizures

Question 1

1. Inciting Incident
2. Investigation
3. Probable Cause
4. Magistrate
   5.

Answer 1

Warrents- Search and/or Arrest

Question 2

1. Inciting Incident
2. Investigation
3. Probable Cause
4. Police
   5 & 6a, 6b

Answer 2

5. Arrest OR Search
6. Arrest - Search Incident to an Arrest (SIA)
7. Search - Searches based on PC Alone (e. g. automobile exception.

Question 3

Under Terry, police may stop an individual when
there’s

Answer 3

reasonable suspicion to believe criminal
activity is afoot.

Question 4

What’s reasonable suspicion?

Answer 4

1. Totality of the Circumstances – to see whether officernhas a particularized and objective basis
2. Officers may draw on their own experience and specialized training
   to make inferences from and deductions about the cumulative information available to them
3. Lower standard than probable cause . . . An “elusive concept” that can’t be deduced to a “neat set of legal rules”
4. Innocent Conduct may add up to reasonable suspicion . . . Commonsense inferences are okay

Question 5

Terry Stop as an arrest

Answer 5

A Terry Stop is not an arrest

Question 6

Terry Stop and Vehicles

Answer 6

Terry Stops Applies to Vehicles

Question 7

Terry Stop

During a frisk/search, once they take something out ask:

Answer 7

does it look like contraband?
- Cant open containers like in Robinson

Question 8

Usually for reasonable suspicion, you want to have

Answer 8

more then 1 suspicious factor

Question 9

Type of analysis for reasonable suspicion

Answer 9

totality of the circumstances

Question 10

De Facto Arrest needs

Answer 10

Probable Cause

Question 11

Terry Stops needs

Answer 11

Reasonable Suspicion

Question 12

If No seizure/4th Amendment NOT implicated, then Ask 2 questions

Answer 12

-Did the officer use a show of authority or apply force? Apply Hodari
-Was there consent to the encounter? Reasonable person free to leave/terminate encounter (Mendenhall, Drayton

Question 13

Seizure 3 quesitons

Answer 13

1. Did the officer use a show of authority or apply force (Hodari)?
2. Was the encounter consensual or involuntary (go into a Mendenhall analysis- was the defendant free to leave)?
3. If a seizure did occur, was it more like a Terry Stop or de facto arrest?

Question 14

Was the encounter consensual or involuntary (go into a Mendenhall analysis- was the defendant free to leave)?
- the 4 factors

Answer 14

• Threatening presence of several officers
• Display of a weapon by an officer
• Some physical touching of the person
• Use of language or tone of voice indicating that compliance was compelled

Question 15

If a seizure did occur, was it more like a Terry Stop or de facto
arrest?

Factors

Answer 15

• Purpose of the stop?
• Was the suspect moved or detained?
• How far was the suspect moved?
• Purpose of the move?
• Is the suspect restrained?
• Is he/she in a police dominated area?
• How long was the detention?

Question 16

Search and Seizure Analysis under Fla. v. Royer

1. Everything is consensual

Answer 16

But a person is effectively
seized when a “reasonable person would have believed that he was not free to leave”

Question 17

Search and Seizure Analysis under Fla. v. Royer

2. Simple Terry Stop

Answer 17

Maybe at first, but under Terry, “the
investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short period of time.”

Question 18

Search and Seizure Analysis under Fla. v. Royer

Then there’s probable cause for the arrest?

Answer 18

Not at the time he consented to the search of his luggage

Question 19

Search and Seizure Analysis under Fla. v. Royer 3 questions

Answer 19

1. Everything was consentual?
2. Simple Terry Stop?
3. Probable Cuase for the arrest?

Question 20

Scope of Terry Stops

Answer 20

investigative methods employed should be the least intrusive means reasonable available to verify or dispel the officer’s suspicion in a short period of time

• Limitation applies to length and intrusiveness of the stop – both limited to time and extent necessary to verity or dispel officer’s suspicion

Question 21

Does calling in police dogs unlawfully extend the scope of the Terry Stop into a seizure?

Illinois v. Caballe

Answer 21

“An investigative technique, even when directed toward criminality not
reasonable suspected, does not violate that limitation unless the particular tactic itself
infringed the detainee’s constitutionally protected interest in privacy

Question 22

police can stop vehicles when they have

Answer 22

reasonable suspicion of a traffic violation

Question 23

Traffic stop is still considered a seizure under the 4th Amendment, just viewed through the spectrum of a

Answer 23

Terry Stop

Question 24

A traffic stop is limited in scope to the

Answer 24

seizure’s mission – to address the traffic violation that warranted the stop, and attend to related safety concerns”

Question 25

Authority for the seizure of a traffic stop ends when

Answer 25

tasks tied to the traffic infraction are – or reasonably should have been – completed

Question 26

Drug dog to a traffic stop

Answer 26

can bring in the drug dog even if no reasonable suspicion of drug use, but may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual | Rodriguz v. US limiting Caballes

Question 27

Police can stop and approach someone with no suspicion so long as

Answer 27

a reasonable person in the that situation would feel free to refuse and terminate the encounter - Extremely objective based – look at behavior of the police officers and ask whether based on the totality of the circumstance the police showed coercion or threatened force - If a reasonable person would not feel free to terminate the encounter, than you need reasonable suspicion or PC

Question 28

Terry Stops to a De Facto Arrest

Answer 28

When Terry Stops exceed their permissible scope/duration, they become de facto arrests requiring probable cause

Question 29

Can do a traffic stop based on

Answer 29

reasonable suspicion

Question 30

Terry Stop more limited because

Answer 30

no probable cause - limited in scope of time - exceeded, ask do I have probable cause or reason for arrest

Question 31

I have a Terry Stop, Can I frisk?

Answer 31

- limited in scope - open hand quick pat down - If find something can take from plain view 1. Cant open/squeeze containers 2. only look for weapon - have to say why believe it is a weapon

Question 32

Perdictive information from an informant is good for

Answer 32

reasonable suspicion, not good for probable cause

Question 33

2 situations that adds up to arrest even if called differnt

Answer 33

1. submission to show of authority (hodori) 2. application of physical touch with intent to restrain (torres)

Question 34

2 interests of a terry stop

Answer 34

1. safety of the officer 2. balencing test of the interests of individual vs. govermental interests

Question 35

If a drug dog barks, you have

Answer 35

probable cause for warrent - dog not a search for the 4th amendment purposes - no reasonable expectation of privacy for smell coming out of luggage

Question 36

Diminished expectation in airport?

Answer 36

yes

Question 37

Problem with bringing drug dogs to a traffic stop once they were able to leave

Answer 37

extending the traffic stop

Question 38

Can you arrest for a traffic stop?

Answer 38

yes

Question 39

# Byrd If stole car, you have no

Answer 39

reasonable privacy