Test 2 Legal Aspects

What 2 ways can a search incident to arrest be delayed

- An immediate search is nearly impossible - Exigency still exists

What is the justification for a search to arrest

- Arrest must be lawful - Nature of the arrest

What are examples of evanescent evidence?

- Evidence inside a person - Inside a house - A paper - An effect

To be neutral and detached, a judge should not do?

- Have financial interest in the specific case - Not be too closely involved in a search, or serve a prosecuting function

What are some examples of exigent circumstances?

- Hot pursuit -Likelihood of escape or danger to others about to hot pursuit -Evanescent evidence

What is objective test to determine whether or not someone is free to leave?

- If a stop occurs when a reasonable person would not believe he is free to leave; then a nonstop will occur when a reasonable person would believe he is free to leave. Stop= negative belief in freedom to go Nonstop= Belief in freedom to leave.

How can the particularity requirement for an arrest warrant be satisfied?

- If the suspects name is known, suppling the name is enough -If the name is unknown, a specific description for the issuance of "John Doe" is efficient.

What are arguments offered in support of the automobile exception to the 4th Amendment?

- Impractical to obtain warrants - Vehicles are typically operated in public spaces; a lesser expectation of privacy is enjoyed. The purpose and design is transportation, not privacy. - Regulatory nature of driving. Driving is a privilege, not a right, therefore subject to all laws, regulation and restrictions that are attached.

What are the factors that determine whether a vehicle serves a transportation function?

- Is the vehicle mobile or stationary - Is it licensed, or registered by the state - Is it connected to utilities - Does it have convenient access to the road

3 essential components of a search or arrest warrant

- Issued by a neutral and detached magistrate -Showing of probable cause - Conform to the 4th Amendment's particularity requirement.

Know what these three components are necessary components of a warrant

- Must be issued by a neutral and detached magistrate - Showing of probable cause - Conform to the 4th Amendments requirements

What 2 things must an officer show in probable cause when applying for a search warrant?

- Must show that the items seized are connected with criminal activity - Items seized are in the location to be searched

What is required in the showing of probable cause in an arrest warrant?

- Office must have knowledge of the element of the crime for which probable cause is being established. - Officer applying for arrest warrant must show probable cause that the person to be arrested committed the crime.

When is plain view seizure authorized?

- Police are lawfully in the area where the evidence is located - Items are immediately apparent as subject to seizure - Discovery of the evidence is inadvertent

When it is permitted to make an arrest in a public place

- Probable Cause - authority to arrest is granted to officers by the state or governing body with legal jurisdiction

What must the officer have/do before the actual frisk takes place?

- Reasonable suspicion - Questioning

What are 4 types of warrantless searches that require probable cause?

- Searches incident to arrest -Searches in the presence of exigent circumstances -Searches involving automobiles - Searches based on plain view doctrine

How can the particularity requirement for a search warrant be satisfied?

- Warrant must specify the ITEMS to be seized -Warrant must specify the PLACE to be searched

5 Court imposed restrictions on searches and seizures based on " Hot Pursuit"

- Warrantless entry is permitted only when the police have probable cause to believe that the subject of their pursuit has committed the crime and is on the premises they have entered. - Police are also required to have a reason to believe the suspect will escape or that further harm, either to evidence or to other people, will occur if the suspect is not immediately apprehended. - Police must not begin hot pursuit from a lawful standing point -Hot pursuit doctrine applies only to serious offenses, including felonies and some misdemeanors -Scope of the search must be relevant to the nature of the pursuit. Exigency defines the search.

What Amendments protect searches and seizures with warrants?

4th Amendment

What is the purpose of protective sweeps? what are you looking for?

A visual inspection for weapons of individuals that may harm the officer

What are some of the factors that may elevate a nonstop to a stop?

A. whether the suspect attempted to leave. B. the number of officers present. C. display of weaponry.

What are the requirements of a frisk?

An officer needs reasonable suspicion that the suspect is armed and dangerous

What can be considered a type of seizure of an individual

Arrest Detention Stops

What are the requirements of a valid search incident to arrest

If a frisk for a weapon reveals a handgun, which may be illegal to possess, the officer can search incident to arrest.

What is the purpose of protective sweeps? what are you looking for?

It is a visual inspection for weapons of individuals that may harm the officer

When are station house detentions permissible?

Justifiable on less than probable cause. Less intrusive than an arrest, but more intrusive than a Terry stop. Used for fingerprints, photographs, ordering lineups, administering polygraph exams, and securing other types of evidence.

When is an officer required to announce his presence when serving a search warrant?

Law requires police officers to announce their presence and state their authority before entering a home.

What are 4 standards of proof ( or justification) and know their order

Mere suspicion, reasonable suspicion, probable cause, and proof beyond a reasonable doubt.

What is the location requirement in the application of an arrest warrant?

NOT Required

How does the 4th Amendment apply to a stop, frisk, arrest, and nonstop?

Officer needs reasonable suspicion that the suspect is armed and dangerous

What does the Supreme Court say about other identifications regarding a frisk?

Officers must identify themselves as an officer of the law unless of exigent circumstances. Also, officer is required to make a reasonable inquiry.

What justification is needed to evolve/change a frisk into a search?

Probable cause or discovery of a weapon during a frisk

Where is the standard of justification "reasonable suspicion" established?

Supreme Court

When is an arrest warrant required?

The police must have a warrant to arrest a person at home if the arrest is for a nonserious offense -- such as a simple assault -- and there is no fear that the person they want to arrest will destroy evidence or cause harm to the public.

What is the focus of a frisk, what are you looking for?

Used for discovering weapons, or items that could be used to harm the officer.

How can a stop evolve into a seizure by the degree of intrusion?

When a greater number of officers present are necessary

In a stop and frisk when can an officer dispense with identifying himself as an officer?

With the knock and announce requirement if they have reasonable suspicion or exigent circumstances.

What are traits of stop and frisk?

a frisk is generally limited to a patting down of the outer clothing. If the officer feels what seems to be a weapon, the officer may then reach inside the person's clothing. If no weapon is felt, the search may not intrude further than the outer clothing. If the officer uncovers further evidence during the frisk, the stop may lead to an actual arrest, but if no further evidence is found, the person is released.

What standard of proof is needed for protective sweep?

reasonable suspicion

What are some characteristics of a drug courier?

• Small denominations for currency for ticket purchase • Travels to and from major drug import centers • Travels under alias • No luggage or uses empty suitcase on trips that require extra clothing • Carry large amounts of currency • Immediately use phone after landing • Dress in unusual manner • Purchases ticket on day of flight • First or last off plane • Quickly leaves airport on arrival