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Criminal Procedure
LIBERTY
| Term | Definition |
|---|---|
| no reasonable suspicion | no seizure ability to do road blocks observe, tail, request contact |
| Roadblocks | Permissible - primary purpose- specific - related to roadway ---can look for other evidence with a modicum of suspicion |
| Roadblocks Issues | cannot be random- reasonable not for general crime inly allowed to ask for identification - when it is reasonably related to circumstances that justified the stop |
| Reasonable Suspicion | based on objective facts known to the officer that suspect is involved in criminal activity, includes reasonable inferences not - hunch, sense |
| Seizure | By force or assertion of authority |
| Seizure by force | act objectively manifesting intent to restrain movement- could be a touching |
| Seizure by Assertion or Authority | Submission ------- they may argue never submitted- a reasonable person would not feel free to terminate - objective test assertion of authority - Drayton - wont work |
| Time Lag | Suspect discards evidence after assertion of authority but before submission ----not seizure until there is submission - evidence can be taken without reasonable suspicion |
| Breakaway suspect | Suspect submits/ subdued then breaks away if by force, seized if submission not seized |
| Terry stop | Requires reasonable suspicion for both the stop and frisk for frisk also need Reasonable suspicion for armed and dangerous- promptness |
| Frisk expansion Consideration | More invasiveness depends on factors ---totality of circumstances ------amount of suspicion beyond RS ------ dangerousness of pat down ------limited nature of additional intrusion ------ suspect conduct - issue with nervousness |
| Standard of suspicion: Reasonable suspicion | Individualized suspicion that suspect is involved in criminal activity ---- based on objective, specific, articulable facts; and reasonable inferences based on LE experience- drugs when - Before LE conduct evaluated by -POV officer in field |
| Reasonable suspicion: indirect info | use of indirect info- lead to wrong suspect - but had level of suspicion - okay |
| RS: Area | Insufficient that area is a high crime area- will be considered though |
| RS: Flight | Unprovoked, headlong flight from law enforcement plus other factor |
| RS: Area + Flight | High crime area and headlong flight from police plus something more WARDLOW |
| Tips | start by no believing a tip test -basis of knowledge --details- least reliable -veracity --credibility, reliability, admission -corroboration of details by LE --especially predictive details totality of the circumstances magnitude of crime |
| Pretext | An officers subjective reason/intent for a stop does not matter as long as there is an objective reason - rs based on objective facts WHREN |
| Expansion of Frisk | to expand must consider: amount/ specificity of suspicion beyond mere reasonable suspicion dangerousness of pat down limited nature of additional intrusion conduct of suspect totality of circumstances |
| EF: in a car | Law enforcement may search (pat- down) those areas in the passenger compartment of a vehicle where a suspect might have an immediately accessible weapon = The Grab-Zone test: armed and dangerous and could gain immediate control of weapon |
| EF: of person | If officer feels no object or object not reasonable a weapon - search is over. If officer reasonably suspects a weapon - then officer may expand search if they feel object and are unsure but believe it could reasonably be a weapon - can expand the frisk |
| EF: of person continued | If officer feels object with immediately apparent incriminating character, then officer may expand search use of touch, sight, smell, hearing |
| Length of terry | 15-20 minutes is reasonable even when a shorter time is possible, they are allowed to keep them for this time must have a reasonable suspicion; last for a reasonable amount of time dog sniff/ immigration- no additional intrusion and similar enough |
| Arrest | Requires probable cause can be via warrant of appearance in front of judge |
| Probable Cause | Factors: facts and circumstances along with reasonable inferences sufficient for a reasonable officer to BELIEVE that a crime committed and suspect did it - guilty explanations must predominate |
| Formal arrest | says you are under arrest or similar terms |
| De facto arrest | Officer doesn't say it, but does it factors - location - movement of suspect - intrusiveness/ force of restraint - duration- big one |
| search warrant and arrest | During search warrant allowed to detain those on the premises |
| Arrest of wrong person | Does not become invalid - had probable cause -and reasonable belief that they found the suspect (good faith) |
| Officers subjective belief with arrest | when an officer subjectively believes the arrestee is not the perpetrator or that PC is not present but there is objective PC to arrest - WHREN - subjective intent does not matter, as objective facts support arrest |
| Law later invalidated | At the time it was good law, then would lead to a valid arrest UNLESS the law is so grossly unconstitutional to a reasonably prudent person |
| Warrants | A judicial determination in advance - need PC - can detain for 48hrs but need a judicial determination |
| Warrant options | arrest with a warrant arrest without a warrant but PC - followed by release based on LE or Pros discretion -allows prolonged detention on judicial determination ````must be 48hrs or let go - unless holiday |
| Warrant and the home | Entry into the home for arrest without warrant is presumptively - arrest warrant implies authority to enter your home - without a warrant can trick them/lie to get outside |
| Warrant home exception | Can overcome the presumption when there are exigent circumstances --burden on government - factors -----gravity of underlying offence ----- hot pursuit -----dangerousness/ threat to public ----- destroying evidence |
| Warrant and knocking | police with a warrant are supposed to knock and announce ---may skip based on exigent circumstances or safety concerns ---standard ----RS that knocking and announcing -------would be -----------dangerous -----------inhibit effective investigation |
Created by:
Vanderhoof_