Criminal Evidence Exam #1

Ways to Establish Probable Cause: Officer's Own Knowledge

Clue into individual's prior criminal record Suspect's flight or evasion Suspicious conduct Admissions Unusual Hour Resemblance to a described perpetrator Inconsistent statements / Unsatisfactory answers Presence of incriminating evidence

Rochin v. California (1952)

Maintained exclusionary rule did not apply to the states "Shocking" searches excluded under Due Process Clause Primarily limited to cases involving coercion, violence, or brutality.

Wolf v. Colorado (1949)

State courts are not constitutionally required to exclude illegally obtained evidence, but it is a suggestion that they should exclude it.

Citation 168

A writ from a court ordering a person to appear in court at a specified time

Arrest Warrant 161

A writ issued by a dully authorized person that instructs a law enforcement officer to bring the person to a magistrate or judge in connection with an offense with which he or she has been charged.

Reasonable Force 184

Force that a prudent and cautious person would use if exposed in similar circumstances. Police may use as much force as a reasonable person would use in order to subdue the suspect.

Punitive Force 185

Force that is used to punish rather than to accomplish lawful results. In highly emotional situations, officers may throw more punches than they need to to subdue the suspect.

Brigham City, Utah v. Stuart (2006)

Police may enter a home and make an arrest without a warrant "if they have an objectively reasonable basis for believing than an occupant is seriously injured or immediately threatened with such injury." - Exigent circumstances.

Telephonic Warrant 161

Issued after a telephonic communication between the issuing judge and the officer

Four Primary Levels of Proof

1. Mere Suspicion 2. Reasonable Suspicion 3. Probable Cause 4. Proof Beyond a Reasonable Doubt

Arrests with a warrant

A warrant is issued by a neutral and detached magistrate The contents of a warrant vary from state to state An arrest warrant is directed to, and may be executed by, any peace officer in the jurisdiction.

Proof Beyond a Reasonable Doubt

Requires a much greater probability than probable cause.

Ways to Establish Probable Cause: Use of Informants

Two-Pronged Test (Aguilar v. Spinelli) Totality of Circumstances.

Drug Courier Profile 132

A set of identifiers developed by law enforcement agencies describing the types of individuals who are likely to transport drugs. A drug courier profile alone does not justify a Terry-type stop. The facts, taken in totality, must amount to reasonable suspicion.

Tennessee v. Garner (1985)

- It is constitutionally reasonable for a police officer to use deadly force when the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officers or others. Says nothing about being armed with a gun.

U.S. v. Sokolow (1989)

- Use of Criminal Profile Stop based on criminal (drug courier) profile ALONE is unconstitutional. Totality of Circumstances required for establishing reasonable suspicion. "Profile" OK if facts amount to reasonable suspicion.

Fishing expedition 140

An act to see if some type of usable evidence can be found on the suspect. A frisk cannot be used this way. If the evidence obtained is contraband, it is not allowed to be used in court if it was obtained illegally.

Arrest Defined

An arrest is defined as the taking of a person into [lawful] custody against his or her will for the purpose of criminal prosecution (or interrogation - You're being asked about criminal activity, however, it can also be used in its broadest sense) ... [to answer for the commission of the crime.] In squares is Donavant's.

Stop and Frisk

A recurring legal issue in policing is whether a police officer may stop a person in a public place, or automobile, question the person about his or her identify and activities at the time, and frisk the person for dangerous weapons. Persons stopped by the police cannot be forced to answer questions but can be forced to identify themselves if that is authorized by state law. If state law says that you cannot provide false information to a police officer, then you can be charged.

Mere Suspicion

10-24.99% probability (guy standing on the corner at a housing project, and looks like he could possibly be a criminal - )

Reasonable Suspicion

25-49.99% - Requires a level of certainty less than probable cause.

Elkins v. United States (1960)

4th Amendment prohibits use of illegally obtained evidence in federal prosecutions, regardless of whether it was obtained by federal or by state officers. Ended the Silver Platter Doctrine - that allowed illegally seized evidence to be used in court.

Probable Cause

51% Is the standard level of proof set forth in the fourth amendment. Because of this, everything hinges on this level of proof. Probable cause means more likely than not.

Minnesota v. Dickerson (1993)

A frisk that goes beyond that allowed in Terry v. Ohio in stop-and-frisk cases is invalid. In this case, the search went beyond the pat-down search allowed by Terry because the officer "squeezed, slid, and otherwise manipulated the packet's content" before knowing it was cocaine. Are stops based on race alone valid? Can race be taken as one factor in the totality of circumstances when determining reasonable suspicion for a stop? Reasonable inferences in the totality of circumstances could lead to one factor with race.

Frisk 137

A pat down for weapons. It can follow a stop, but only if there is nothing in the initial stages of the encounter that would dispel fears based on reasonable suspicion about the safety of the police officers or others.

Citizen's Arrest 182

An arrest made by a citizen or nonlaw enforcement personnel without a warrant. In common law, these situations could only be when a felony had been committed, or the citizen had probable cause to believe that the person arrested committed the crime. However, there are risks when using citizen's arrest. (1) It may not be in the category of a felony, (2) It is a misdemeanor and is unlawful, (3) If the arrest is illegal, the citizen may have civil or criminal liability.

Illinois v. Gates (1983)

Abandoned Spinelli's independent "two-pronged test" Established that these reliabilities were relevant considerations, but they must fit in to the totality of the circumstances. Information PLUS Corroboration Police can use independent investigation to corroborate insufficient information Hearsay OK when establishing probable cause. However, it is not admissible in court to prove guilt. Probable cause only gets you to the arrest. Advantages of a Warrant Presumption of Probable Cause since facts/circumstances were reviewed PRIOR TO police action Provides strong defense in civil cases involving alleged constitutional violations.

Neutral and Detached Magistrate 166

An issuing officer who is not unalterably aligned with the police or prosecutors position in the case. Some states hold that, because the requirement of probable cause is designed to be applied by laypeople, a nonjudicial officer such as a court clerk may properly issue warrants if empowered to do so by statute and if otherwise "neutral and detached" However, it must be authorized by state law.

Knock-and-Announce

An officer making an arrest or executing a search warrant must announce his or her purpose and authority before entering the dwelling. Exceptions occur in situations of officer or third-party safety or to preserve evidence. Wilson v. Arkansas (1995) - The Knock-andAnnounce rule is part of the Fourth Amendment's requirement that searches and seizures be reasonable, but that rule is not rigid and is subject to exceptions based on law enforcement interests.

The Exclusionary Rule

Any evidence obtained by the government in violation of the 4th Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution. ONLY FOURTH AMENDMENT ISSUE. "[The Exclusionary Rule is a]... Judicially created remedy to safeguard fourth amendment rights." U.S. v. Leon (1984) "... the Self-incrimination clause contains its own exclusionary rule,..." U.S. v. Patene (2004) The PURPOSE of the Exclusionary Rule is NOT to provide a loophole, but to DETER POLICE MISCONDUCT. If police officers knowlingly violate the fourth amendment when they should know that they're violating it, not only does the bad guy go free, but the officer who engages in that conduct is liable for civil prosecution and even criminal prosecution in some cases. Most of the time, these cases never go to court and end in the plea bargain deal, so they may not have to go completely by the book to get someone convicted.

Racial Profiling 127

Any police-initiated action that relies on race, ethnicity, or the national origin of an individual instead of on individual acts or behavior. Black drivers are three times as likely and hispanic drivers are twice as likely to be searches as white drivers. In United States v. Sokolow (1989) The court said that stops cannot be based on drug courier profiles alone; instead the facts, taken in totality, must amount to reasonable suspicion that can justify a stop. United States v. Travis states that race can be taken as a factor in the totality of circumstances.

Capias

Any type of warrant that authorizes legal custody of an individual

Arrests without a warrant

Arrest warrants are seldom used in police work About 95% of all arrests are made without a warrant. These are not made pursuant to a warrant. However, every arrest will have a warrant after the fact of the arrest.

Arrests are Seizures of Persons

Arrests are only one form of seizure A seizure occurs only when there is a "governmental termination of freedom of movement through means intentionally applied." Arrests are taking people into lawful custody to answer for the answer of a crime (the detention is indeterminate and not reasonable foreseeable).

3 Chapter Important Court Cases

Brinegar v. United States Spinelli v. United States Michigan v. Summers Alabama v. White Maryland v. Pringle p.66

Arrest issues

Can the police detain a suspect while obtaining a warrant? If it's reasonable. Can the police arrest for traffic violations or petty offenses? Yes, if it is authorized by statute. However, most do not because its unreasonable. Are arrests for offenses not punishable by prison or jail time valid? Depends on the state. If it's not punishable by incarceration then you cannot arrest for it. Are citizen's arrests valid? Depends on the jurisdiction that you're in.

Exclusionary Rule: purged taint

Defendants subsequent voluntary act negates the initial act of the police (After the illegal act takes effect (Such as a warrantless search) the offender voluntarily gives consent for you to search; They deny that they want to have a lawyer after asking for one and you not giving them one) VERY subjective; case-by-case with no bright-line rule

"Stale Information" 79

In certain cases, some information becomes stale after a period of time and is considered unreliable by the courts when determining probable cause. A more recent case involved an informant's claim that he had witnessed a drug sale at the suspect's residence approximately five months earlier and had observed a shoebox containing a large amount of cash that belonged to the suspect. The Court said that this was stale information that could not be used to establish probable cause. United States v. Leon 1984

Use of Force during an Arrest

Departmental rules are often more limiting than state law and are binding on the officer, regardless of what the state law allows. The more limiting rule binds the police officer and renders the more liberal policy non-binding.

Use-of-force continuum 185

Description of an escalating series of actions an officer may appropriately use, from no force to deadly force. There are quite a few listed on page 185 from officer presence to lethal force

Stationhouse Detention 146

Detention takes place at the police station and is used for obtaining fingerprints, photographs, conducting police lineups, or securing identification or other types of evidence.

Exigent Circumstances 170

Emergency circumstances that make obtaining a warrant impractical, useless, dangerous, or unnecessary, and that justify warrantless arrests or entries into homes or premises. An officer can do this if there is a possibility of the disappearance of evidence, or if he is in hot pursuit. The following factors are relevant in fleeing-suspect cases (1) the gravity of the offense, (2) the belief that the suspect was armed, and (3) The likelihood that the suspect would escape in the absence of swift police action.

What the police cannot do during an arrest

Enter a third-party residence, except in exigent circumstances Conduct a warrantless sweep. Invite the media to ride along. - You can in some cases, but you can NEVER bring them into someone's home.

Exclusionary Rule: good faith

Error committed by judge, not police (Failure to correct outdated warrant form) - Three copies of warrants must be signed. One must remain with the individual. Error committed by court employee (Failure to delete old warrant) Police erred but honestly believed the information given when obtaining the warrant was accurate (wrong apartment, inaccurate premises description) Police had mistaken reasonable belief that person had authority to give consent (Appeared to live there, but didn't) Police action based on law later declared unconstitutional

Aguilar v. Texas

Established the "Two-pronged test" Reliability of the informant. Reliability of the information. - Ask them a whole bunch of questions that demonstrates the reliability of the information.

Inevitable Discovery Exception Book Definition 107

Evidence is admissible if the police can prove that they would have inevitably discovered the evidence anyway by lawful means.

Good Faith Exception Book Definition 99

Evidence obtained by the police is admissible even if there was an error or mistake, as long as the error or mistake was not committed by the police, or, if committed by the police, it was honest and reasonable.

Mapp v. Ohio (1961)

Evidence obtained in violation of the 4th amendment guarantee against unreasonable search and seizure is not admissible in state prosecutions. Exclusionary Rule and Fruit of the Poisonous Tree Doctrine. Invoking the Exclusionary Rule Pretrial motion to suppress is the basic procedure, but the motion can be made at most any time. The suppression hearing is just between the defendant, prosecution, and the judge. Most of the testimony for the case happens at the suppression hearing. If there's no more evidence after the suppression hearing, the trial cannot occur. Challenging warrant searches / seizures: Burden on defendant (May show that the officer lied, They took the word of the informant without validating the information. Sometimes its just an overzealous thing. Judges may miss this because they assume that the officer was correct. Lastly, the warrant may exceed its scope) Challenging warrantless searches / seizures: Burden on prosecution

Purged Taint Exception Book Definition 107

Evidence obtained is admissible if the defendant's subsequent voluntary act dissipates the taint of the initial illegality.

Independent Source Exception Book Definition 108

Evidence obtained is admissible if the police can prove that it was obtained from an independent source not connected with the illegal search or seizure

Blanket Exceptions 178

Exceptions that apply to a certain type of case regardless of circumstances. These are not allowed in drug-dealing cases even by judicial authorization. In knock-and-announce cases, the court set no time the officers must wait. It depends on whether the wait was reasonable, in circumstances considered.

Probable Cause Actual Long Definition

Facts and/or circumstances that would lead a reasonable and trustworthy person to believe that a crime has been committed, and that a particular person committed it(Arrest)/that evidence of a crime exists, and that the evidence is in a particular place(search) Arrests - Whether an offense has been committed and whether the suspect committed the offense. Search and Seizure - Whether the items to be seized are connected with criminal activity and whether they can be found in the place to be searched. Arrests and searches with a warrant - Initial determination of probable cause made by a magistrate Arrests and searches without a warrant - Initial determination of probable cause made by a police officer If no probable cause existed at the time the officer took action, the fact that probable cause is later established does not make the act legal. The evidence obtained cannot be used in court. The 4th Amendment does not require an offense establishing probable cause to be closely related to or even based on the same conduct as the offense initially identified by the officer. Probably cause is required for 1. Arrests with a warrant, 2. arrests without a warrant, 3. searches/seizures with a warrant, and 4. searches/seizures without a warrant. YOU EITHER HAVE PROBABLE CAUSE OR YOU DON'T. THERE IS NO SUCH THING AS NEEDING MORE PROBABLE CAUSE FOR ONE THING THAN THE OTHER. Probable Cause is established through 1. Officer's own knowledge, 2. Information from reliable third person, and 3. Information plus corroboration.

General power to arrest without a warrant

Felonies committed in officer's presence or outside their presence. Misdemeanors committed in officer's presence. Crimes committed in public places Exigent circumstances When there is a danger to the arresting officer.

Exclusionary Rule - Exceptions

Good faith Inevitable Discovery Purged Taint Independent Source

Diallo Case

Haitian immigrant who did not speak English was observed in a community where there was a serial rapist. They knew that this serial rapist always carried a weapon. Four NYC cops saw an individual that matched the description. He reached behind his back and all of the officers started shooting at him. All indications were that he was reaching for his wallet to show his identification to the officers.

Plain touch Doctrine 139

If an officer feels what he or she believes is a weapon, contraband, or evidence, the officer may expand the search or seize the object. HOWEVER, it must occur during the search and become IMMEDIATELY APPARENT that it is contraband.

A warrant is needed to arrest if:

If the crime is not committed in the officer's presence. If the suspect is in a private residence and there is no reason for an immediate arrest In home entries for minor offenses

Fruit of the Poisonous Tree

Illegally obtained evidence should not (cannot) be used to gain other evidence because the originally obtained evidence taints all subsequently obtained evidence.

Weeks v. United States (1914)

In 1914, a lot of individuals did not want intrusion into state rights. Evidence illegally obtained by federal officers excluded in federal criminal prosecutions. Gave rise to the "Silver Platter Doctrine" - Allowed illegally obtained evidence by state officers to be used in federal criminal prosecutions.

Totality of Circumstances 81

In United States v. Arvizu 2002, the court said that "In making reasonable suspicion determinations, reviewing courts must look at the totality of the circumstances in each case to see whether the detaining officer has a particularized and objective basis for suspecting wrongdoing. One factor may not be illegal, but taken in the totality of circumstances it would be.

Payton v. New York (1980)

In the absence of exigent circumstances or consent, the police may not enter a private home to make a routine warrantless arrest. (sometimes officers ask them to step outside and then arrest)

John Doe Warrant 161

Issued when the person to be arrested is well described in the warrant, but not identified by name.

Bench warrant 161

Issues when a person does not appear for a hearing

Standing

Legal concept that determines whether a person is a proper party in a particular case or motion (Whether or not they have STANDING to bring a motion. Whether or not they're a proper party to file a motion) Once you become an adult, your parents no longer have STANDING to look at your grades. Who has a reasonable expectation of privacy? Cohabitants because it may effect their privacy rights in an area. U.S. v. Leon (1984) - "The fourth amendment protects people, not places...Capacity to claim the protection of the fourth amendment depends... upon whether the person... has a legitimate expectation of privacy in the invaded place" - Homes have no constitutionally protected rights, homes have rights because you as a person has an expectation of privacy in the invaded place. If they do, they have standing. If they don't, then they have no standing.

Other stop-and-frisk applications

Motor Vehicles - Michigan v. Long - He had reasonable suspicion that a weapon could be near the individual. His frisk was reasonable because it was within the immediate area of the individual even though he recovered drugs. Residences - Frisk the couch they're sitting on so that you know that they don't have any weapons. Frisking under the bed when he says my shoes are under there.

Book's levels of proof

No information - Not sufficient Hunch - Not sufficient Reasonable doubt - acquit an accused Suspicion - Start a police or grand jury investigation Reasonable suspicion - Stop and frisk by police Preponderance of the evidence - Winning a civil case; affirmative criminal defense Probable cause - Issuance of warrant, search, seizure, and arrest, without warrant; filing of an indictment Clear and convincing evidence - Denial of bail in some states and insanity defense in some states Guilt beyond a reasonable doubt - Convict an accused, prove every element of a criminal act Absolute certainty - Not required in any legal proceeding.

Exclusionary Rule: inevitable discovery

Police would have discovered the evidence anyway by lawful means Not sufficient to allege the evidence COULD have been found Must be shown that the evidence WOULD have been found (Officers walking out into the field)

Types of Force Response

Presence - Police officer being at Mardi Gras standing next to you so you'll move behind the line Dialogue - Saying back up at Mardi Gras or put your hands behind your back Escort Techniques - Put your hands on someone and move them from one place to another, or put their hands behind their back Pain Compliance - For people who don't comply with an escort technique. You apply pain to get an individual to comply with you. You usually use this one people who are non-combative Striking Techniques - Striking with a part of your body a large nerve bundles to disrupt the motor functions. Impact Weapon - You're using a foreign object to strike a large nerve bundle to disrupt the motor function. Deadly Force - Force that can be used to cause death or serious bodily injury.

Illinois v. Wardlow (2000)

Presence in a high-crime area, combined with unprovoked flight upon observing police officers, gives officers sufficient grounds to investigate to further determine if criminal activity is about to take place. This is how the police would be able to tackle someone without probable cause to arrest.

What is allowed during a frisk?

Officers during a frisk have only one justification for confiscating anything: Whether the object might reasonably be considered a weapon. A valid frisk can turn in an instant into a valid search if in the course of the frisk the officer has probable cause to think that the object is seizable.

6 Chapter Important Court Cases

Payton v. New York Tennessee v. Garner Wilson v. Arkansas Atwater v. City of Lago Vista Brigham City, Utah v. Stuart p.152

Silver Platter Doctrine 93

Permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases. This was prohibited in Elkins v. United States where the court said that the fourth amendment prohibited the use of illegally obtained evidence in federal prosecutions no matter if it was obtained by state or federal employees.

Exclusionary Rule: independent source

Police must prove the evidence was obtained from a source not connected with the illegal search/seizure Evidence is suspicious, but police can show the legality of its discovery

3 Chapter Table of Contents

Probable Cause 67 Probable Cause defined (legally) 67 A "man of reasonable caution" 67 The practical definition of probable cause 68 Areas of police work 69 Arrests of persons vs. Seizures of property 69 With a warrant vs. without a warrant 70 Why obtain a warrant 70 Who determines probable cause? 71 Is an arrest based on Probable Cause for a Different Offense Valid? 72 Establishing Probable Cause after an Officer's Illegal Act 73 Any trustworthy information can establish probable cause 73 The Three Ways Whereby Probable Cause is Established 74 : An officer's knowledge of facts and circumstances 74 : Information Given by an informant 75 : Information Plus Corroboration by an officer 79 Probable Cause and Motor Vehicle Passengers 80 Reasonable Suspicion Defined 81 The Totality of The Circumstances 81 Probable Cause Compared with Reasonable Suspicion 84 Determining Probable Cause or Reasonable Suspicion on Appeal 84

United States v. Cortez (1981)

Probable cause is "not hard certainty, but... probabilities" Law enforcement officers can formulate common-sense conclusions Evidence "weighed... as understood by those versed in the field of law enforcement.

Use of Racial Profile U.S. v. Travis (1995)

Race is a permissible factor to justify Reasonable Suspicion Issues: 1. Race ALONE violated 14th Amendment's Equal Protection Clause 2. Race taken as one factor in Totality of Circumstances.

Alabama v. White (1990)

Reasonable suspicion is not as demanding a standard as probable cause. Can be established with information that is different in quality and quantity from that required for probable cause. Relies on the totality of the circumstances. There could be a lot of factors that show nothing improper, but the sum of the circumstances shows that there is criminal activity present.

Man of reasonable caution 67

Refers to the average man or woman on the street. It does not refer to a person with training in the law. The court uses this to see what a reasonable person would have done in a certain circumstance. In United States v. Ortiz, the rule ruled that "Officers are entitled to draw reasonable inferences from these facts in light of their knowledge of the area and their prior experience with aliens and smugglers.

Spinelli v. United States (1969)

Reiterated Aguilar two-pronged test Each prong is separate and independent Abundance of reliability for one prong cannot make up for the lack of reliability for the other.

What the police can do after an arrest

Search the arrestee, including a strip search. Search the area of immediate control Search the passenger compartment of motor vehicles Use handcuffs Monitor the arrestee's movements Search the arrestee at the place of detention.

The Four Elements of an Arrest

Seizure and detention Intention to arrest Arrest authority The understanding by the individual that he or she is being arrested.

4. Chapter Important Court Cases

Silverthorne Lumber Co v. United States Elkins v. United States Mapp v. Ohio United States v. Leon Herring v. United States p.89

Brinegar v. U.S.

Solidified the probable cause requirement The facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to justify a man of reasonable caution (Has to be something we can explain to citizens) in the belief that an offense has been or is being committed. - Will have to use the information to justify it later.

5 Chapter Table of Contents

Stop and Frisk 121 :Issue and Origin 121 :The Leading Case 122 (Terry) : The Guidelines 123 :Reasonable Suspicion Is Required, not Probable Cause 125 Two Separate Acts 126 :The Stop 126 :The Frisk 137 :A CASE STUDY: Stops and Race in the New York City Police Department 141 Stop and Frisk and Arrest Compared 144 Other Stop-and-Frisk Applications 144 :Applications to Motor Vehicles 144 :Application to Weapons in a Car 145 :Application to Residences 146 Stationhouse Detention 146 :For Fingerprints 147 :For Interrogation 147

U.S. v. Mendenhall (1980)

Stop is a 4th amendment seizure Stop occurs ONLY "If, in view of all the circumstances... a reasonable person would have believed he was not free to leave" - You evaluate what happens in the nanosecond before the action is taken. No stop until person submits to police authority

Terry v. Ohio (1968)

Terry is standing on a corner, and officer McFadden knows that Terry is wearing a long coat in hot weather. McFadden sees Terry walk down and look in a store that's open but doesn't go in it a few times and then goes back and talks to his friend. Officer McFadden looks at the totality of the circumstances and believed that they were about to commit an armed robbery. Established the validity of "stop and frisk" Police authority relies upon articulable reasonable suspicion (not probable cause) Based upon the officer's experience (including training) Allows reasonable inquiry to dispel suspicion of criminal activity or fear for the safety of the officer or others (We either build probable cause or reduce suspicion) Stop/frisk are separate acts, each having its own requirements for legality. "Some suggestion in the use of such terms as 'stop' and 'frisk' that such police conduct is outside the purview of the fourth amendment... we emphatically reject this notion. Whenever a police officer accosts an individual and restrains his freedom to walk away, he has seized that Person. It is nothing less than sheer torture of the English language to suggest that a careful exploration of a person's clothing is not a 'search'." (IT IS A FOURTH AMENDMENT ISSUE, NO MATTER THE ARGUMENT AGAINST IT) Reasonable apprehension of danger may arise before adequate information to justify arrest. Officer need not be absolutely certain the individual is armed. Determination is not based upon the officer's unparticularized suspicion. But, upon specific reasonable inferences in light of his experience.

5 Chapter Important Court Cases

Terry v. Ohio Florida v. Royer Minnesota v. Dickerson Pennsylvania v. Mimms Illinois v. Wardlow p. 120

Reasonable Suspicion Actual Definition

That knowledge, under the present circumstances and articulate facts in light of a police officer's training and experience, which indicates criminal activity is present. However, we may not know what the actual criminal activity is. A guy peaking in car windows could be looking for identity theft, vandalization, stalker, auto theft, burglary, domestic violence, public intoxication, DUI, etc. The individual cannot be arrested for any of these until more information is present.

6 Chapter Table of Contents

The Broad Picture: Arrests Are Seizures of Persons 153 :Arrests and the Fourth Amendment 153 :Arrest is Just One Form of Seizure 154 :The Top Ten Intrusive Searches and Seizures of Persons 154 :What is the Legal Test to Determine Whether a Seizure Has Occurred? 155 Arrest Defined 156 :Forced Detention and Arrest 157 :The Length of Detention and Arrest 158 The Four Elements of Arrest 158 :Seizure and Detention 158 :The Intention to Arrest 160 :Arrest Authority 161 :Understanding by the Arrestee 161 Arrests with a Warrant 161 :When is a warrant needed? 161 :The Issuance of a Warrant 165 :The Contents of a Warrant 166 :The Service of a Warrant 167 :The Time of the Arrest 168 :The Possession and Expiration of a Warrant 168 :Other Legal Authorizations 168 Arrests Without Warrant 169 :Felonies Committed in the Presence of Officers 169 :Misdemeanors Committed in the Presence of Officers 170 :Crimes Committed in Public Places 170 :When Exigent Circumstances are Present 170 :When There is Dancer to the Officer 171 :Entering a Home without a Warrant 171 What the Police Can Do after an Arrest 171 :Police Can Search the Arrestee, Including a Strip Search 172 :Police Can Search the Area of Immediate Control 173 :Police Can Search the Passenger Compartment of a Motor Vehicle 174 :Police Can Use Handcuffs 174 :Police Can Monitor the Arrestee's Movement 174 :Police Can Search the Arrestee at the Place of Detention 174 What the Police Cannot Do during an Arrest 175 :Police Cannot Enter Third-Party Residences 175 :Police Cannot Conduct a Warrantless Protective Sweep Unless Justified 176 :Police Cannot Invite the Media to "Ride Along" 176 Knock-and-Announce is required by the Constitution, but with exceptions 177 :The General Rule 177 :The Exceptions 177 :How Long Must the Police Wait before Entering? 178 Other Arrest Issues 179 :Can the Police Detain a Suspect while Obtaining a Warrant 180 :Can the Police Arrest for Traffic Violations or Petty Offenses 180 :Are arrests for Offenses Not Punishable by prison or Jail Time Valid? 180 :Are Citizen's Arrests Valid 182 Use of Force during an Arrest 183 :What Governs Police Use of Force? 183 :What the Court Has Ruled in General about Police Use of Force 183 :Nondeadly versus Deadly Force 184 :The Use of Nondeadly Force 184 :The Use-of-Force Continuum 185 The Use of Deadly Force 186

4 Chapter Table of Contents

The Exclusionary Rule 88 The Exclusionary Rule Legally Defined 90 The purpose of the Rule is to Deter Police Misconduct 90 A Judge-Made Rule 91 Historical Development 92 The Rule Now Applies to State Criminal Prosecutions 93 Invoking the Rule 96 :In pretrial motions 96 :on appeal 96 :In Habeas Corpus Proceedings 97 : Standing and Illegally Seized Evidence 97 Determining What is Not Admissible 98 :Illegally Seized Evidence (Primary) 98 :Fruit of the Poisonous Tree (Secondary) 98 Exceptions to the Rule 99 :Category 1 Good Faith and Many Variations 99 :Category 2 The Inevitable Discovery Exception 106 :Category 3 The Purged Taint Exception 106 :Category 4 Independent Source Exception 108 When the Rule Does Not Apply 108 :In violations of the Knock-and-Announce Rule 109 :In searches by Private Person 109 :In Grand Jury Investigations 109 :In Sentencing 109 : When an Arrest Based on Probable Cause Violates State Law 110 : When Only Agency Rules Are Violated 110 :In noncriminal Proceedings 110 :In Parole Revocation Hearings 111 Arguments For the Rule 112 Arguments against the rule 113 Alternatives Against the Rule 114 The Future of the Rule 115

Harmless Error 97

The evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict (Under Chapman v. California) If a motion to exclude was made in a timely manner and it was an error for the Court to admit the illegal evidence. On appeal, these errors lead to a reversal of any conviction unless the admission of the evidence is found the be appellate court to be a harmless error.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to seized. - The government cannot intrude into your stuff or your person without good reason and a warrant.

Plain view

What constitutes plain touch? - If the officer, while staying within the narrow limits of a frisk for weapons, feels what he has probable cause to believe it is a weapon, contraband or evidence, the officer may expand the search or seize the object.

Protective Sweep 176

The police look at rooms or places in the house other than where the arrest takes place. A warrantless protective sweep is prohibited by law. The fourth amendment prohibits protective sweeps except when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene.

Robinson v. United States 172

The police may automatically search an arrested person regardless of the offense for which the person has been placed under arrest. The "full body search" rule in Robinson applies to all kinds of arrests --- whether the suspect is arrested for a brutal murder or for shoplifting. The rule is designed to protect the police and prevent the destruction of evidence.

Chimel v. California (1969) 173

The police may only search within the area of immediate control once a lawful arrest has been made.

Actual Seizure 158

The taking of a person into custody with the use of hands, force, or firearms

Police Use of Force

Use of Force? It was originally worded as use of force, but they've gone to other names because of the generally negative connotation. Defensive Tactics? - If it was use of force where an officer was defending himself against an offender then they called it defensive tactics. Force Response? We've moved into the term force response. Means that the amount of force that is used is in response to what the suspect is doing. If the suspect is fleeing, the force wouldn't be defense but it would be into response of what the suspect is doing.

Totality of circumstances

can be equated to the Duck. If you see something that looks like a duck (might be), swaddles like a duck (might be a duck), swims like a duck (might be), quacks like a duck (might be) but all of these together, it's probably a duck.

Constructive Seizure 158

occurs without any physical touching, grabbing, holding, or use of force when the individual peacefully submits to the officer's will and control.