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Criminal Procedure2

Criminal Procedure test 2 ch6

Arrest Consitutes a "seizure" of a person so the restiction of the 4th admendment defined as taking a person into custody against his/her will for the purpose of criminal or interrogation
Florida v. Bostick (1991) p/o boarded bus w/ out suspicion asked for consent, told he could refuse, cocaine found, he claimed mere presnt on bus was improper seizure, court disagreed
elements of arrest (1st) Seizure and Detention mere word alone do not constitue of arrest must have actual seizure, peacful submission to the officer's will control (constructive seizure) Cali v Hodari
Elements of arrest (2nd) Intention to arrest Indicated by words or actions that you plan to take person in to custody Intention to arrest usually presumed when place handcuffs on someone Berkemer v. McCarty
Elements of arrest (3rd) arrest authority ( to make arrest valid must have authority) jurisdiction on/off duty exception to arrest when a warrant is present Frisbe v Collins U.S. v Alverez-Mchanin
Elements of arrest (4rd) Understanding by person being arrested elements is not required when: suspect is intoxicated, mentally ill, not conscious
Active / Constructive seizure without any physical touching, grabbing, holding, or use of force; submits to the officer's will and control
California v. Hodari (1991) 1st officer's approach 5 youth around a car, fled, foot chase, dropped cocaine when did seizure occur, when tackled him cocaine admissible
Berkemer v. McCarty (1984) 2nd test to determine intention to arrest is the understood by a reasonable person , regardless of what officer's had in mind even if officer didnt intend to arrest, if reasonable man would conclude arrest had occured
Warrant Arrests 5% crime is not commited in the offier's presence in a private residence no reason for immediate arrest in home entries for minor offenses service w/in state service outside state hot pursuit exception detain for extradition
Knock/Announce Rule knock and announce thier presence before entering a house to serve a warrant
Knock/Announce Rule Exceptions 1. when annoucing presents a strong threat of violence/danger to officer 2. Dnager that contraband or toher propery sought might be destroyed 3. person w/in the premises are in imminent peril of bodily harm
Knock/Announce Rule Exceptions 4. engaged in process of destroying evidence or escaping b/c aware of police presence 5. when a person to be arrested is in process of commiting a crime
Warrantless Arrests 95% arrest felones if p/c exist felonies/misdemeanors committed in presence of officers crimes committed in public palce exigent circumstances are present danger to the arresting officer
Atwater v. City of Lago Vista (2001) 4th admendment does not forbid a warrantless arrest for minor criminal offense punishable only by a fine
Searches Incident to Arrest search the arrested person search the arrest of immediate control search passenger/ compartment of motor vehicle conduct a protective sweep if justified
US v. Robinson (1973) search the arrested person regardless of the offense custodial arrest of a suspect based on P/C protection of officer prevent the destruction of evidence prevent escape
Chimel v California search area of immediate control after arrest police may search the area from which the suspect may have weapon or destory evidence arm length
New York v. Belton (1981) search passenger compartment of motor vehicle when lawful arrest is made, does not include trunk
Maryland v. Buie warrantless protective sweep, justified look at other rooms other than where the arrest took place
Arizona v. Johnson (2009)
Created by: 768997619