The Reasonableness Model

Question 1

Are Administrative/Inventory Searches Searches?

Answer 1

Yes

Question 2

Do you need PC to search for weapons?

Answer 2

No

Question 3

Level of Suspicion recquired to search for inventory/admin searches?

Answer 3

® No level of suspicion recquired - but need standard criteria that govern search
◊ Purpose
} Protect owners property rights
– Can get around this by waiving property rights
} Protect police
– Stronger rationale

Question 4

Balancing of Interests under Terry for Reasonableness

Answer 4

– Balance government interest versus individual interests
	-Government interest:
		\+Crime prevention and detection
	-Individual interest:
		\+Liberty interest

Question 5

For a Terry Stop…

Answer 5

Individual needs to be free to leave - unless police have RS that criminal activity is afoot

Question 6

Searches & Seizures under Terry Stop/Frisk

Answer 6

◊ Police can frisk “search” person if have RS that person has weapon and threat to officer
◊ Police can stop “seize” if RS that person is ABOUT to commit or HAS BEEN INVOLVED IN a crime

Question 7

When does a stop turn into custody?

Answer 7

® RS is ok if interaction between officer and suspect is only a stop

• Becomes an arrest when incident escalates to a point your in custody
• No longer a stop when brought to interrogation room

Question 8

RS Factor from Terry:

Answer 8

Movement of suspect

Question 9

Vehicle Stop Rules

Answer 9

® If you have to wait to get dog for search it is unreasonable
◊ No set time constraint
-The rule is that the cops need to act diligently to absolve suspicions during detention

Question 10

Can an officer have a driver get out of a car?

Answer 10

Yes - officer safety

Question 11

Can an officer have a passenger get out of the car?

Answer 11

Yes - The Court held that after lawfully stopping a speeding vehicle, an officer may order its passengers to step out. While burdening their personal liberty somewhat, officers must be permitted such authority over passengers if the overriding government’s interest in officer safety is to be protected.

Question 12

Who can Police Search in a Car?

Answer 12

Police can search whomever in car for weapons regardless of RS

Question 13

Reasonable Time of a Terry Stop (Place Case)

Answer 13

Keeping for 90 min. exceeds bounds of a Terry Stop

Question 14

Is a Dog Sniff a Stop?

Answer 14

No

Question 15

Pat Downs

Answer 15

® Can only pat down for weapon, not for a drug or something - an serious frisk needs to be for a weapon
◊ If you can clearly feel its drugs though in your search for weapon, then you are ok

Question 16

Remedy for Being Improperly Stopped

Answer 16

® Suppression of fruits of search in crim trial

® Innocent people who aare stop and frisked can file a civil action

Question 17

Can gets RS from Anonymous Tip when…

Answer 17

Corroborated

Question 18

What information by the anonymous tipster helps establish RS

Answer 18

Predictive Information

Question 19

What needs to be in Corroboration?

Answer 19

It needs to be of Criminal Wrongdoing - matching of details is not enough

Question 20

Fleeing, what is the Standard for RS?

Answer 20

® Unprovoked flight from police + something else (like high crime neighborhood in this case) = RS
◊ One or the other is not enough, need both

Question 21

Anonymous Tip under Navarette (Driver on PCH that witnessed driver driving like shit) - why did the court let this Stand?

Answer 21

◊ Identifiable person
◊ Intimate details because she was rammed off road
◊ There was sufficient suspicion for drunk driving
◊ 911 call
—Recorded and traceable - caller is not anonymous in the sense that the system does not let them be anonymous and the people calling know that

Question 22

Stops Based on Race

Answer 22

Can only base stops on race when it is a specific person identified based upon their race

Question 23

When will Race not Apply?

Answer 23

According to the DoJ Guidlines, Race will not apply for -

1) Border searches
2) National Security Cases

Question 24

Parolees

Answer 24

Suspicionless searches of parolees is ok

Question 25

Probationers

Answer 25

® Parolees have a lesser expectation of privacy than probationers
® Probationers still have low expectation
◊ Recidivism is a big justification

Question 26

Arrestees

Answer 26

Have a lower expectation of privacy

Question 27

Reasonableness of Police Use of Force under Garner

Answer 27

® The reasonableness of a search and seizure had to be determined looking at the manner of the search and how it is carried out

-If an officer has probable cause to believe that the suspect poses the threat of serious bodily harm, either to a fellow officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.

Question 28

Excessive Force on the Highway - Facts from Scott vs Harris:

A Georgia county deputy clocked motorist car diving at speeds of 73 miles per hour in a 55 mile-an-hour zone. The officer activated his lights and the motorist sped away accelerating his speed. The officer called it in over his dispatch and several officers including Scott joined in. After six minutes and 10 miles of a high speed chase, Officer Scott has permission to employ precision intervention techniques to stop Harris and was told to stop him. Office Scott rear-ended the car, it spun and flipped over. Harris was badly injured and now a quadriplegic.

Was this excessive force or reasonable?

Answer 28

Reasonable:

Reasonableness is found by balancing the nature and quality of the intrusion on the person’s 4th amendment rights and the importance of the government’s interests to justify such actions. The police officer defends his action on the need to protect the safety of pedestrians and other motorist. The video clearly showed the motorist was an actual and imminent threat to others, and while the police officer drove just as reckless this court will not impose a rule that states police officers must stop a chase in the motorist is to reckless. That would tell drivers they can get away of they speed enough

Question 29

Take aways from Police use of force:

Answer 29

• Police will only stop a pursuit when the Community risk is greater than harm to individual for use of deadly force
• You can walk away from an encounter, but do not run