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