Criminal Procedure Exam #2 Chapters 5-8

· force that is used to punish rather than to accomplish lawful results

Punitive force

a set of identifiers developed by law enforcement agencies describing the types of individuals who are likely to transport drugs

Drug courier profile

takes place when the police takes place when the police take control of a vehicle for law enforcement reasons.

Vehicle impoundment

the police list the personal effects and properties they find in the vehicle

Vehicle inventory

emergency circumstances that make obtaining a warrant impractical, useless, dangerous, or unnecessary, and that justify warrantless arrests or entries into homes or premises

Exigent circumstances

some kind of an emergency that makes getting a search warrant impractical, useless, dangerous, or unnecessary

Exigent circumstances

a search for additional evidence conducted after all the evidence named in the search warrant has been discovered

Fishing expedition

· an act to see if some type of useable evidence can be found on the suspect

Fishing expedition

Although the initial stop and questioning of a suspect who fit a drug courier profile was valid, the subsequent conduct of the police was more intrusive than necessary to carry out the limited investigation permitted under stop and frisk

Florida v. Royer (1983)

a written order, issued by a magistrate, directing a peace officer to search for property connected with a crime and bring before the court

Search warrant

the exercise of dominion or control by the government over a person or thing because of a violation of law

Seizure

the taking of a person into custody

Seizure

the warrantless use of a tracking device on a motor vehicle to monitor its movements is unconstitutional

United States v. Jones (2012)

if the police legitimately stop a car and have probable cause to believe that it contains contraband, they can conduct a warrantless search of the car. Every part of the vehicle in which the contraband might be stored may be inspected, including the trunk and all receptacles and packages that could possibly contain the object of the search.

United States v. Ross (1982)

description of an escalating series of actions an officer may appropriately use, from no force to deadly force

Use-of-force continuums

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

Actual seizure

the common law authority of a police officer to compel a person to assist in keeping the peace or arresting a felon

Posse comitatus

the taking of a person into custody against his will for the purpose of criminal prosecution or interrogation

Arrest

a writ issued by a duly 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.

Arrest warrant

An arrest for an offense not punishable with jail or prison time is constitutional

Atwater v. City of Lago Vista (2001)

a pat-down for weapons

Frisk

It is constitutionally reasonable for a police officer to use deadly force only when the officer has probable cause to believe that the suspect poses a threat of serious physical harm to the officer or others.

Tennessee v. Garner (1985)

searches conducted by government investigators to determine whether there are violations of government's rules and regulations.

Administrative searches

a warrant obtained based on probable cause and on an expectation that seizable items will be found at a certain place.

Anticipatory search warrant

appears to have authority but, in reality, does not

Apparent authority principle

searches of motor vehicles incident to arrest when the arrestee is no longer in the vehicle is valid only if it is reasonable to believe that evidence of the reason for the arrest might be found in the vehicle

Arizona v. Gant (2009)

issued when a person does not appear for a hearing

Bench warrant

exceptions that apply to a certain type of case regardless of circumstances

Blanket exception

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

Brigham City , Utah v. Stuart (2006)

force that, when used, poses a high risk of death or serious injury to its human target

Deadly force

the general name for several types of writes that require an officer to take a defendant into custody

Capias

The search of an automobile does not require a warrant because the vehicle can be moved quickly out of the locality or jurisdiction in which the warrant must be sought Most important however it is a vehicle search case rather than a vehicle stop case

Carroll v. United States (1925)

a rule that allows police officers after an arrest to search the arrestee's "area of immediate control."

Chimel rule

Once a lawful arrest has been made, the police may search anywhere within the suspects area of immediate control, meaning the area from which the suspect may grab a weapon or destroy it.

Chimel v. California (1969)

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

Citation

an arrest made by a citizen or nonlaw enforcement personnel without a warrant

Citizens arrest

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

Constructive seizure

the search must occur at the time as, or very close in time and place to, the arrest.

Contemporaneous search

A police search without a warrant is unconstitutional if one occupant consents to a search and the other refuses to give consent

Georgia v. Randolf (2006)

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.

Illinois v. Wardlow (2000)

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

John Doe warrants

A search is not limited to homes, offices, buildings, or other enclosed places; rather, it can occur in any place where a person has a reasonable expectation of privacy, even if the place is in a public area

Katz v. US (1967)

a valid stop that is used as a pretext to search a vehicle

Pretextual stop

The validity of a warrant must be judged in light of the "information available to the officers at the time they obtained the warrant

Maryland v. Garrison (1987)

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 v. Ojio because the officer "squeezed, slid, and other wise manipulates the packet's content" before knowing it was cocaine.

Minnesota v. Dickerson (1993)

a magistrate who is not aligned with the government

Neutral and detached magistrate

an issuing officer who is not unalterably aligned with the police or prosecutor's position in the case

Neutral and detached magistrate

Once a driver has been arrested; the police may conduct a warrantless search of the passenger compartment of the automobile. The police may examine the contents of any container found within the passenger compartment as long as they may reasonably believe it might contain something that could pose a danger to the officer or hold evidence of the offense for which the suspect has been arrested

New York v. Belton (1981)

force that, when used, is not likely to result in serious bodily injury or death

Nondeadly force

· in the absence of exigent circumstances or consent, the police may not enter a private home to make a routine warrantless arrest

Payton v. New York (1980)

A police officer may order the driver of a vehicle to exit the vehicle after a routine traffic stop even if the officer has no reasonable suspicion that the driver poses a threat to the officer's safety.

Pennsylvania v. Mimms (1997)

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

Plain touch doctrine

the police look at rooms or places in the house other than where the arrest takes place

Protective sweeps

any police-initiated action that relies on the national origin of an individual instead of on individual acts or behavior.

Racial profiling

exists when a person exhibits an actual expectation of privacy, and the expectation is one that society is prepared to recognize as reasonable

Reasonable expectation of privacy

force that a prudent and cautious person would use if exposed to similar circumstances.

Reasonable force

not defined with precision by the court, but is a less demanding standard than probable cause

Reasonable suspicion

the right to be let alone

Right to privacy

the warrantless search of a thirteen-year old student's underwear without reasonable suspicion of schools rules violation is unconstitutional

Safford Unified School District v. Redding (2009)

the exploration or examination of an individual's home, premises, or person to discover things or items that may be used by the government as evidence in a criminal proceeding.

Search

a form of roadblock in which the police stop every vehicle for the purpose of controlling drunk driving.

Sobriety checkpoint

an exception to the requirements of a warrant and probable cause under the Fourth Amendment; it allows warrantless searches and searches on less-than-probable cause in cases where there are needs to be met other than those of law enforcement, such as the supervision of high school students, probationers, and parolees

Special needs exceptions

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

Stationhouse detention

detaining of a person briefly so the officer can ask questions

Stop

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

Telephonic warrants

leading case in stop and frisk. the police have the authority to stop a person without probable cause, so long as there is reasonable suspicion to believe that the person has committed a crime or is about to commit a crime. The person may be frisked if there is reasonable concern for officer safety

Terry v. Ohio (1968)

The knock-and-announce 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.

Wilson v. Arkansas (1995)