Crim Pro chapter 4-6

When a warrant is required?

1. an arrest in someone's home can't be made without warrant, unless there's an emergency 2. arrests in the home of a third party

The three important limits to a frisk

1. can be nothing more than a pat down of the outer clothing 2. must be motivated by the desire to promote an officer's safety 3. contraband has to be immediately apparent

What are the important reasons for the knock and announce rule?

1. helps avoid property damage 2. prevents violence resulting from surprise 3. helps preserve people's right to privacy

What are the three types of exigencies?

1. hot pursuit 2. likelihood of escape or danger to others police are allowed to act without warrant 3. the destruction of evidence

When is a noncontemporaneous search incident to arrest permissible?

1. immediate search is nearly impossible 2. exigency still exists a the time of the later search

What are the three essential components to a warrant?

1. must be issued by a neutral magistrate 2. showing probably cause 3. must conform to the 4th amendment

What are the requirements for searches incident to arrest?

1. person arrested and any containers discovered from search 2. arrestee's immediate grabbing area 3. protective sweep 4. securing premises

Plain view seizures authorized when?

1. police are lawfully in the area where the evidence is located 2. items are immediately apparent as subject to seizure 3. discovery of the evidence is inadvertent

What are the important issues to take into consideration, when serving a warrant?

1. police are required to knock and announce their presence 2. whether property damage is acceptable 3. when deadly force should be used 4. consequences of arresting the wrong person

plain feel conditions

1. police must have reasonable suspicion to frisk 2. contraband must be immediately apparent for it to be lawfully seized

What are the two specific features of a Terry stop?

1. police question a person or communicates with them 2. a reasonable person would believe they weren't free to leave

When is a lengthy stop constitutionally permissible?

1. public interest is served by seizure 2. the nature and scope of the intrusion aren't excessive 3. officer posses enough in the way of objective facts to justify the stop

Court guide lines to duration of stop

1. public safety interest served by the seizure 2. nature and scope of the intrusion 3. the objective facts served by the seizure upon which the law enforcement officer relied on

What are the four types of warrantless searches?

1. searches incident to an arrest 2. searches conducted under exigent circumstances 3. searches involving automobiles 4. the plain view doctrine

Warrantless searches of an automobile is permissible when?

1. there is probable cause to believe the vehicle contains evidence 2. securing a warrant is impractical

What are the five characteristics of an automobile?

1. travel on public roads 2. are subject to state regulation and licensing requirements 3. are subject to other strict regulations 4. are subject to periodic inspections 5. may be impounded for public safety reasons

particularity

4th amendment requires an arrest warrant name the person to be arrested and a search warrant to describe the place to be search and items seized

Carroll v. United States

4th and cars, police don't need warrants for cars

investigative detention

also called a stationhouse detention. A less intrusive detention than arrest but more intrusive than a terry stop

Search incident to arrest

an exception to the fourth amendment requirement that allow officers to search a suspect after their arrest

frisk

an opened handed pat down of someone's outer clothing

Arrest Warrant

an order issued by a judge directing law enforcement to arrest an individual identified as one who has committed a crime

loitering statutes

authorized the police to stop or arrest of suspicious-looking individuals based on a lesser degree of reasonable suspicion

evanescent evidence

evidence that may rapidly vanish or disappear

automobile exception

exception to the fourth amendment's warrant requirement the permits police to search a vehicle without warrant as long as they have probable cause

Title III of the Omnibus Crime Control and Safe Street Act

federal legislation enacted in 1968 that set forth detailed guidelines on how authorities could intercept wire, oral, or electronic communications

Foreign Intelligence Surveillance Act

federal legislation that regulates electronic surveillance as it pertains to foreign intelligence gathering

protective sweep

is a quick limited search of the premises, incident to arrest, and conduct to protect the safety of officer and others

stop

is the mention of a person by a law enforcement officer for the purpose of investigation

Sweep

is when one or more officer disperse throughout the home with the intent of looking for other people that could pose a threat

Search Warrant

order issued by a judge giving officer permission to search a particular location

Armspan rule

part of the search incident to arrest exception to the fourth amendment's warrant requirement that allow officers to search not only the suspect after their arrest but their grabbing area

arrest

the act of taking an individual into custody for the purpose of charging them with a crime

Restrictions on search incident to arrest

the key factor is the person must actually be arrested and taken into custody or the search doesn't conform to the fourth amendment restrictions

When is a frisk permissible?

when an officer fear for their safety