U2-T3 Aarrest Search And Seizure

Question 1

Elements necessary to constitute an arrest

Answer 1

• intent - The intention of the arresting officer to take someone into custody is one of the Basic elements that distinguishes interest from lesser forms of detention
• Authority - restraint on the liberty of the individual must be either under actual authority of an officer or under assumed authority of an officer
• seizure - actual or constructive seizure or detention of the person by submission or physical restraint
• understanding - person arrested understands that he is arrested this must be determined on a case-by-case basis

Question 2

The purpose of the fourth amendment to the United States constitution is

Answer 2

To establish rates relating to arrest searches and seizures of persons

Question 3

Using the rationale from Terry an officer may detain an individual when

Answer 3

Based upon the officers reasonable articulable suspicion that criminal activity was being planned or was in the process of being executed

Question 4

Sources of information to establish probable cause to make a warrantless arrest

Answer 4

1. Personal observations
2. Informants tips
3. Reports from other officers or law-enforcement agencies
4. Leads furnished by the victim or witnesses of the crime
5. physical evidence found at the scene
6. Past criminal record of suspect
7. Statements made by suspect

Question 5

To justify a warrantless non-consensual or entry into a private dwelling in order to make an arrest an officer needs

Answer 5

To justify a warrantless non-consensual or entry into a private dwelling in order to make an arrest an officer needs Exiting circumstances which demand an immediate response

Question 6

An arrest warrant may be executed in the home of a third-party provided

Question 7

Probable cause exists when

Answer 7

The facts and circumstances within the officers knowledge and of which he has a reasonably trustworthy information sufficient to warrant a person to believe that an offense has been or is being committed by the person to be arrested

Question 8

Hot pursuit

Answer 8

Is the pursuit without unreasonable interruption of a person who is trying to avoid arrest

Question 9

A person is Seized when

Answer 9

In view of all the circumstances a reasonable person would believe that he or she was not free to leave

Question 10

Requirements which must be established before a terry pat down

Question 11

Requirements for the Plain feel doctrine

Answer 11

• While an officer may not search for objects other than weapons on a Terry stop if the officer feels an object that he immediately recognizes his contraband it may be seized even if he knows it is not a weapon
• this only applies when the identity of the object is immediately apparent to the officer from its shape and the way it feels
• The officer may not season object that is unmistakably not a weapon if determining that it’s identity requires further manipulation
• When the incriminating nature of the object is immediately apparent seizing it does not invade the suspects privacy beyond what is allowed in a terry frisk
• When determining if an object requires further manipulation and additional invasion of privacy is necessary and is not permitted during a terry frisk
• Once it is determined that an object is not a weapon and the search must stop unless there is a warrant probable cause for arrest or consent

Question 12

Types of searches

Answer 12

• Full searches
  
  • Based on probable cause
  • The requirements and officer must show to establish probable cause
    
    • The items involved are associated with criminal activity as either evidence of criminal activity or contraband AND
    • It is more likely than not the items will be found in the place the officer wishes to search
• Limited weapon searches
  
  • Used to disarm the person and protect officers
  • based on reasonable suspicion that a person lawfully detained and is armed and dangerous
• inventory searches
  
  • ​ not technically a search
  • Used to catalog property that police have taken into custody
  • Comes from the need to adhere to department policy to protect the property in the agency from claims of lost stolen or damaged property

Question 13

The area in officer may search incident to a lawful arrest of that person

Answer 13

The area within the person’s immediate control at the arrest location

Question 14

Criteria to establish the plain view exception to the search warrant requirement

Answer 14

1. The officers must be legally on the premises from where the observation is made
2. The incriminating nature of the item must be immediately apparent
3. The officers must have lawful right of access to the object

Question 15

An officer may search in motor vehicle and the containers within it

Question 16

In order for an officer to produc in order for an officer to conduct a protective search of a motor vehicle

Answer 16

The officer must articulate a reasonable suspicion that the vehicle contain some type of weapon in the suspect or some other person reasonably has access or will have access to that weapon

Question 17

Factors used in determining if the inventory of a motor vehicle is reasonable

Answer 17

1. The car was lawfully impounded
2. The inventory was conducted after impoundment
3. The owner was not present to make other arrangements for the safekeeping of the vehicle
4. The inventory is prompted my valuables in Plain view and was pursuant to standard police procedure
5. them and Tori was not a pretext to conseal an investigatory search

Question 18

Keys to determine whether a consent search is valid

Answer 18

whether consent was given voluntarily

The person giving consent has authority to do so

No other person with authority that is present has refused