The Reasonableness Model Flashcards
Are Administrative/Inventory Searches Searches?
Yes
Do you need PC to search for weapons?
No
Level of Suspicion recquired to search for inventory/admin searches?
® 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
Balancing of Interests under Terry for Reasonableness
– Balance government interest versus individual interests -Government interest: \+Crime prevention and detection -Individual interest: \+Liberty interest
For a Terry Stop…
Individual needs to be free to leave - unless police have RS that criminal activity is afoot
Searches & Seizures under Terry Stop/Frisk
◊ 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
When does a stop turn into custody?
® 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
RS Factor from Terry:
Movement of suspect
Vehicle Stop Rules
® 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
Can an officer have a driver get out of a car?
Yes - officer safety
Can an officer have a passenger get out of the car?
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.
Who can Police Search in a Car?
Police can search whomever in car for weapons regardless of RS
Reasonable Time of a Terry Stop (Place Case)
Keeping for 90 min. exceeds bounds of a Terry Stop
Is a Dog Sniff a Stop?
No
Pat Downs
® 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
Remedy for Being Improperly Stopped
® Suppression of fruits of search in crim trial
® Innocent people who aare stop and frisked can file a civil action
Can gets RS from Anonymous Tip when…
Corroborated
What information by the anonymous tipster helps establish RS
Predictive Information
What needs to be in Corroboration?
It needs to be of Criminal Wrongdoing - matching of details is not enough
Fleeing, what is the Standard for RS?
® Unprovoked flight from police + something else (like high crime neighborhood in this case) = RS
◊ One or the other is not enough, need both
Anonymous Tip under Navarette (Driver on PCH that witnessed driver driving like shit) - why did the court let this Stand?
◊ 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
Stops Based on Race
Can only base stops on race when it is a specific person identified based upon their race
When will Race not Apply?
According to the DoJ Guidlines, Race will not apply for -
1) Border searches
2) National Security Cases
Parolees
Suspicionless searches of parolees is ok
Probationers
® Parolees have a lesser expectation of privacy than probationers
® Probationers still have low expectation
◊ Recidivism is a big justification
Arrestees
Have a lower expectation of privacy
Reasonableness of Police Use of Force under Garner
® 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.
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?
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
Take aways from Police use of force:
- 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
