Test 2

Question 1

in Arkansas “reasonable cause” is the same as _______.

Answer 1

Probable Cause

Question 2

when can a police make an arrest without a warrant?

Answer 2

1. PC to believe a felony is being commited
2. traffic offense with injury or damage to property (such as car wreck)
3. DWI or DUI (even if not done so in his presence)
4. Domestic abuse act

Question 3

citizen’s arrest (in relations to citizens)

Answer 3

• citizens can withhold someone if they have committed a FELONY (not a misdemeanor)

Question 4

citizen’s arrest (in relations to police officers)

Answer 4

• officers who are OUTSIDE their jurisdiction can only do a citizen’s arrest
• they must have a warrant to make an arrest outside their jurisdiction

Question 5

Terry V. Ohio (1961) what is the case summery?

Answer 5

• detective McFadden of Cleveland Ohio saw 2 individuals in which he suspected to be acting in a suspicious behavior (looking into a store window and walking back and forth continuously) then later meeting up with a 3rd individual
• McFadden approached them and spun Terry around, patted down his outside clothing, and felt a pistol in his overcoat pocket; He removed Terry’s overcoat, took out a revolver, he patted down the outer clothing of Chilton and Katz and seized a revolver from Chilton’s outside overcoat pocket. He did not put his hands under the outer garments of Katz (since he discovered nothing in his pat-down which might have been a weapon). The three were taken to the police station.
• Terry and Chilton were subsequently charged with carrying concealed weapons.

Question 6

What is the significance of Terry V. Ohio?

Answer 6

the Supreme Court agreed that probable cuase did not exsist in this case, HOWEVER, the officer had “reasonable suspision” that a crime was going to be commited
- this case held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and FRISK him without probable cause to arrest, if the police officer has a “reasonable suspicion” that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.”

Question 7

Reasonable Suspicion is based on what?

Answer 7

it must be based on “specific and articulable facts”, “with rational (or reasonable) inferences from those facts”, and the suspicion must be associated with the specific individual (based on the officer’s training and experience)

Question 8

what is less than an arrest?

Answer 8

a detention is less than an arrest (must only be 15 minutes long)

Question 9

what is less than a search?

Answer 9

a frisk

Question 10

what is less than probable cause?

Answer 10

reasonable suspicion

Question 11

what is the “terry stop and frisk”

Answer 11

• police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed
• it is NOT a full blown seizure, but an “investigatory tool”
• it can only be an outside pat and person can only be detained for 15 minutes max
• additionally, the item being seized must be “immediately recognizable as a subject to be seize”

Question 12

what is the rule on the “terry stop and frisk” in AR

Answer 12

in AR, in order to do a terry stop and frisk, it must be a felony or a misdemeanor involving injury to person or damage to property; theft

Question 13

AR supreme court has ruled that DWI is a _________. (enchance on this statement)

Answer 13

DWI is a misdemeanor that constitute reasonable suspicion and one can be stopped for it (b/c it is consider a high risk of injury to people or property)

Question 14

federal supreme court decisions creates _________ ___________; states are free to provide ________, but not _____ ____________ ___________.

Answer 14

federal supreme court decision creates “constitutional minimums”; states are free to provide “more”, but not “less” “constitutional protection”.

Question 15

Plain View (3 prong test)

Answer 15

1. officer must be lawfully present in the location
2. officer must have legal access to the item
3. immediately recognize as a subject to seizure (no manipulation)

Question 16

in a situation (of plain view) in which an officer can see the contraband in the home, but does not have “legal access to the home”, what can he do?

Answer 16

officer can “clear the residence” until he can get a search warrant (as so no one can dispose or hide the item)

Question 17

in Arizona V. Hicks, the manipulation of the turn table constituted what?

Answer 17

• The Court ruled that when the police officer moved the stereo equipment to record the serial numbers, he conducted a Fourth Amendment “search.” This search was unrelated to the initial reason the police were in Hicks’s apartment—to search for weapons and the person who fired the bullet through the floor of the apartment.
• it was constituted as a “separate search” and therefore took it out of the boundary of plain view and could not be use

Question 18

in Gatlin v. State of AR, what does the court say about exceeding the scope of the search warrant?

Answer 18

• police entered Gatlin’s residence with a search warrant for “controlled substances”; while there, they seized money and a TV
• the court ruled that these items were NOT considered an “immediate recognizable subject to seizure”
• additionally, the 4th describes that a warrant must “particularly describe the place to be searched and the persons or items to be seized”

Question 19

Plain Sniff (and it’s limitations)

Answer 19

there is no expectation of privacy in the area around the outside of your car, therefore it is NOT consider a search and no implication of the 4th (in respect to canine)
- HOWEVER, an officer cannot detain a person to wait for a canine w/out “reasonable suspicion”; even so, he cannot detain a person for more than 15 minutes

Question 20

how “plain” must the view be to be viewable? (2)

Answer 20

1. search light used is still consider plain view
2. use of telescope and binoculars is still consider plain view
3. Kyllo v. US - thermo imaging is consider a bad search; it constituted a search and cannot be done without a warrant (through the wall” was crossing the line)

Question 21

What is consider to be “curtilage”?

Answer 21

the land and any closely associated buildings around the house where the “intimate activities of the home” are conducted (in reference to the OPEN FIELDS doctrine)

Question 22

US v. Dunn (open fields)

Answer 22

a barn (50 yards from the home) surrounded by 3 fence and a lock at the door; police discovered a meth lab and obtained a search warrant
- the court ruled that going through the fences did NOT constitute a violation of the 4th amendment (you cannot fence in an expectation of privacy); the barn was not consider to be curtilage

Question 23

“intimate activity” of the home must be within the curtilage; in US v. Dunn, the court stated 4 part test:

Answer 23

1. proximity (how close is it to the house)
2. enclosure
3. steps taken to protect the area form outside view
4. use of the area = intimate activity of the home

Question 24

enhanced open fields in relations to private plane

Answer 24

the court ruled that an airplane viewing into someone’s land (even if there is a fence) is NOT consider a search
- court stated that if a private air plane, flying at 1000 ft (which is considered public air space and not in violation of FFA) can see into someone’s land, there is NO violation (it is just plain view on a larger scale)

Question 25

enhanced open fields in relations to helicopter (Oliver v. US)

Answer 25

• a helicopter flying at 400 ft. (legal under FFA regulation) viewing into Oliver’s greenhouse (where by there was broken panels) with binoculars was ruled that NO 4th amendment violations was committed

Question 26

what is the court’s decision on Aerial Surveillance of Curtilage

Answer 26

in the situation of aerial surveillance of the curtilage, it is consider a search, one cannot use any enhancement to view at the curtilage such as airplanes