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Arrest search seize
| Question | Answer |
|---|---|
| Reasonable suspicion is determined by-------- | the totality of the circumstances of each case to see whether the detaining officer had a particularized and objective basis for suspecting legal wrongdoing |
| What is the Terry V Ohio case | the terry frisk- a frisk for an officer to check for weapons |
| what is the definition of arrest | act of depriving a person of his or her liberty usually in relation to the purported investigation or prevention of crime and presenting (the aresteee) to a procedure as part of the criminal justice system |
| what are the 4 elements that have been used by courts to determine whether an arrrest has occured | 1) intenet 2) authority 3) understanding arrestee 4) seizure |
| defintion of intent | the subjective intent of the officer as to whether or not an arrest has occurred will not control the determination of the court |
| definition of authority | does the officer have the authority to arrest? Is the arrest supported by probable cause and is there a Texas statute that authorizes the arrest to be made without a warrant (if the arrest is made without a warrant) |
| Seizure definition | when a person has been restrained of freedom is a manner where a reasonable person would not have felt free to leave. |
| Detain definition | to arrest, delay, hinder, or keep in custody |
| When is a person is arrested - CCP 15.22 | when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest or by an officer or person arresting without a warrant |
| "Custody" means: | Under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; |
| what are the warrantless arrests | 1. Offense Within View - CCP 14.01(a-b) 2. Within View of a Magistrate - CCP 14.02 3. Authority of a Peace Officer - CCP 14.03 4. Public Intoxication - CCP 14.031 5. When Felony has been Committed - CCP 14.04 |
| Warrant of Arrest - CCP 15.01 | a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. |
| Suspicious circumstances | the act of imagining--or of doubt--the apprehension of something without proof, or on slight evidence." |
| Recognition through senses | Smell Sight Hearing Touch Taste?? |
| Possession of, or close proximity to | Tools of crime Fruits of a crime Contraband |
| Black's Law Dictionary (7th. Ed.): "Temporary"" defined as, | "lasting for a time only; existing or continuing for a limited time; transitory. |
| Temporary Detention | holding a person for a limited time, but who, as yet, is not answerable to a criminal offense. |
| Black's Law Dictionary (7th. Ed.): "Detention: defined | the act or fact of holding a person in custody, confinement, or compulsory delay |
| Consolidating these definitions of detention and temporary means | Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense." |
| What is chapter 14 in CCP in the lexus nexus | arrest without a warrant |
| What is chapter 15 in CCP in the lexus nexus | warrant of arrest |
| what is chapter 18 in CCP in the lexus nexus | Search warrant |
| What is “Probable Cause”? | facts or circumstances that would lead a prudent person to believe a crime is about to or is being committted |
| What are the rights under the 4th amendment? | person to secure in their persons, houses papers and effects against unreasonable searches and seizures |
| What Crimes are breaches of the Peace? | DWI, throwing a beer bottle, fighting, indecent exposure, theft |
| What is Voluntary Consent? | giving consent under willful means |
| Describe and give examples of Abandoned Property | the person intended to abandon the property |
| What is the Fruit of the Poisonous Tree? How does it differ from the Exclusionary rule? How is it similar? | any evidence obtained illegally. |
| What is the “Good Faith Doctrine” Which court case is generally associated with it? | US V Leon |
| -----vs----- set forth the most significant inquiries in looking at detention | Terry V Ohio |
| US V Mendenhall | unconstitutional search and seizure of DEA |
| 3 classifications of interactions between peace officers and civilians | 1)a police encounter or contact that is consensual in nature 2)a detention based upon reasonable suspicion 3)an arrest based upon probable cause |
| What is a voluntary encounter | no violation of the 4th amendment, police do not command or coerce the person to cooperation and the person feels they can walk away, only if or when a police officer verbally or non verbally conveys to the suspect compliance is required |
| reasonable suspicion | totality of circumstances of each case to see whether the detaining officer had a particularized and objective basis suspecting legal wrongdoing |
| Arrest definition | taking or seizing a person by legal authority the police in response to a criminal charge |
| actual seizure | the person must either obey the officer's commands and be restrained in her movement or the officer must actually physically restrain the person |
| seizure defintion | a seizure is when a person has been restrained of freedom in a manner where a reasonable person would not have felt free to leave |
| detain | to arrest delay hinder or keep in custody |
| constructive custody | understanding on behalf of the individual being arrested that he is arrested without any physical control being demonstrated by the officer. the individual submits |
| restraint | is meant the kind of control which one person exercises over another not to confine him within certain limits but to subject him to the general authority and power of the person claiming such right |
| warrantless arrests | offense within view within view of a magistrate authority of a peace officer public intoxication when felony has been committed |
| Requisites of warrants | it must say the name if known if not known must have a reasonably defined description it must state the offense must be signed by magistrate and have magistrates name in the body of the warrant or in connection with his signature |
| warrant extened to every part of the state | issued by any county or district clerk or magistrate (except mayors of an incorporated city or town) shall extend to any part of the state |
| process for arresting without a warrant | what force may be used- any reasonable force. authority to arrest must be made known capias- writ |
| suspicious circumstances | act or imagining or of doubt the apprehension of something without proof or on slight evidence |
| what can a peace officer do with mere suspicion | an investigation may be conducted to determine what if anything is occurring. persons may be approached and questions asked ut hey ( consensual consent or voluntary consent) |
| elements that could be used to establish probable cause | high crime rate area time of day or night location furtive act abnormal demeanor |
| possession of or close proximity to | tools of the crime fruits of a crime contraband |
| temporary | lasting for a time only existing or continuing for a limited time transitory |
| temporary detention | holding a person for a limited time but who, as yet, is not answerable to a criminal offense |
| elements required for a temporary detention | some indication to connect the person to be detained with the suspicious activity |
| failure to identify | a person commits an offense if refuses to give his name address or date of birth who has been lawfully arrested |
| when is frisking permitted | a pat down on outer clothing on a person who is stopped officer safety not a fishing expedition anytime you can articulate you feared for your safety |
| reasons for a search | fruits of the crime tools of the crime contraband mere evidence |
| an arresting officer may search the arrestees person when | to discover and remove weapons and seize evidence to prevent its concealment or destruction and may search the area ( within the immediate control of the person arrested) |
| circumstances which justify a lawful search without a warrant | person under arrest may be searchd the area around the person arrested may be searched and the passenger compartment of a motor vehicle in which the arrested person was a recent occupant may be searched |
| open fields | The Fourth Amendment does not protect open fields. Officers may enter and search open fields. |
| Who may give consent to search? | parent child spouses (both have to be present and consenting to search) roomates landlord cannot if rented hotel/motel employers |
| abandoned property | question of intent – do the circumstances surrounding the event indicate the person intend to abandon the property? Additionally, the abandonment of property cannot be prompted by police misconduct. |
| Exigent Circumstances | emergency requiring immediate medical or police assistance, the imminent destruction of evidence that is easily lost or destroyed, the presence of dangerous weapons or instrumentalities, and the community |
| plain view | The officer must be lawfully present to see what she sees, and; It must be immediately apparent (meaning probable cause) to the officer that what she is seeing is contraband or somehow connected with criminal activity. |
| impound inventory | A detailed list of articles of assets containing a designation or description of each specific article. An inventory is an administrative, caretaking |
| Carol Vs US | reasonable suspicion caused to believe the defendants had liquor |
| what was the first case to mention the exclusionary rule | Weeks VS US |
| What is the good faith doctrine | US V Leon |
| what does reasonable suspicion depend on | the experience and training of the officer |
| what does suspicion require you to do | investigate the event prove or disprove your suspicion explain reasons of your suspicion can not be based on a hunch |
| levels of contact | consensual encounter temporary detention arrest |
| 3 different types of encounters between police officers and citizens | 1. Voluntary Encounters 2. Temporary Detention 3. Arrest |
| conditions for arrest | When a person is arrested - CCP 15.22; Constructive Custody - CCP 11.21; Restraint - CCP 11.22. Definition of custody found in PC 38.01 |
| Exigent Circumstances | Serious injury, Crime scenes,Prevent a person from entering a home,Prevent the imminent destruction of evidence,Dangerous weapons or instrumentalities,Community caretaking |
Created by:
dillon614