Knock and announce rule

Protective sweep- only where person can hide

1. Can sweep even if not making an arrest 2. Reasonable suspicion that area harbors danger 3. Don't need arrest warrant 4. Sweep doesn't need to be confined to home

Favors to justify sweep when officers make arrest OUTSIDE HOME

1. Information people inside have weapons AND potential to use them or pose danger 2.imminence of any potential threat 3. Proximity of arrest to home 4. Whether suspect was secured or resisted and prolonged the police presence at the scene AND 5. Any other relevant circumstances

Courts will look at totality

1. Visual auditory cues 2. Preexisting police knowledge that someone there poses danger 3. Surprise while police there nervous conduct inconsistent or dishonest responses

Private citizen signs warrant and summons h

Has to be reviewed by county prosecutor

No justification is needed to do protective sweep

In room of arrest and adjoining room A wider sweep has to be justified

Complaint warrant or summons charging indictable offense by made by private citizen

Issued ONLY by judge

Was the officers protective deeep of the defendants apartment and porch lawful? Adjoining rooms

Knocking to execute warrant one cop sees a guy coming from back porch to room they arrest the guy and sweep porch and room find container big enough to contain person see rifle bag and cop knows it to be an illegal rifle Good search lawful evidence admitted

When relying on protective sweet

Lawfully inside or given consent and RAS someone posing danger inside

Person do not have the right to delay arrest procedures for prayer

Lock them up!

Arrest warrant outside of home

One case Looking to get firearms from someone that was arrested they hear a loud metallic bang while outside go inside do sweep Result- no good evidence suppressed sweep unlawful Second case People in mobile home that might want to harm police cops are there making unrelated arrest need to continue to be in this area they enter mobile home to sweep and they find evidence Result - proper evidence admitted

Private citizen complaint

Only special form used when a private person is the complaining witness for complaints charging any parking or traffic offense

Administer Miranda warnings

Prior to any questioning designed to elicit incriminating response Custody + interrogation = Miranda Voluntary Intelligent Knowing

Protective sweep

Quick and limited search for a PERSON only Up until arrest - search anywhere A person can be In room of arrest-search anywhere a person can hide Outside room of arrest reasonable suspicion that area harbors dangerous person that needs to be swept

Dv woman said she was assaulted and she outside Officers arrive woman intoxicated had trouble getting into then tells them she's attacked by Charlie Bryant her boyfriend Meanwhile at woman's apartment two other officers already entered the house located suspect performed sweep for of maijruna in closet saw bag with vegetation Seized and returned later with sw recovered gun Evidence suppressed protective sweep was unlawful Officers did not have ras that. Area swept harbored dangerous indivudal

This was based on a hunch

Following offense of serious offense is taking dna swab reasonable?

Yes

Can you obtain a new swab for dna when a previously obtained swab was declared unlawfully obtained and suppressed?

Yes but to get a new one 1. Pc Exists for new swab 2. Pc must be untainted by results of prior search 3. Clear and convincing evidence that initial swab was not result of flagrant police misconduct

Non arrest setting- in a dwelling

Yes you can when 1. Lawfully there may include consent 2. RAS area harbors dangerous individual 3. Officer perform sweet quickly in area where person posing danger could be