DETENTION
In order to stop and detain a person, an officer must have this.
What is reasonable suspicion?
To make an arrest, a law enforcement officer must have this.
What is probable cause that the person arrested has committed a crime?
With some exceptions, an officer generally needs this in order to conduct a search of a person's property.
What is a warrant?
Officer #1 initiates a traffic stop for speed and smells the odor of marijuana; there are three occupants in the vehicle who are detained while Officer #1 searches the car. While that's happening, Officer #2 strikes up a conversation with the driver and, without giving Miranda, asks, "So, is there anything in the car I should know about?" On a motion to suppress, what is the court likely to do?
What is suppress the evidence? Any questions or statements by law enforcement that are likely to lead to incriminating statements by a suspect who is detained and not free to leave are likely to be considered an interrogation for purpose of Miranda.
Name the three basic types of encounters between citizens and law enforcement.
What are consensual encounter, stop/investigative detention and arrest?
True or False: when making an arrest, an officer does not have to have personal knowledge of all information relevant to a probable cause determination and can rely on information known to other officers or law enforcement personnel, such as dispatch.
What is True? This is known as the "collective knowledge" doctrine.
You are investigating enticement of a child over the internet. When you interview the suspect, he admits that he has been communicating with the child on his cell phone. Can you seize the suspect's cell phone without a warrant?
What is No? No exigency (police can't create exigency and suspect can be detained long enough to get a warrant); doesn't fall under any other exceptions to the warrant requirement.
You go to a suspect's residence to investigate a drug related offense. As you approach the front door, you notice a bicycle leaning against the garage door that fits the description of a bicycle from a recent theft report you are also investigating almost exactly. True or False: you can seize the bicycle under the plain view doctrine.
What is True? Under the plain view doctrine, evidence may be seized without a warrant if three conditions are met: (1) LE had a lawful right of access to the location where the item is seen; (2) LE had a lawful right of access to the item itself; and (3) the incriminating nature of the item must be immediately apparent (requires PC to believe the item is evidence of criminal activity)
Yes or No: during a traffic stop for speeding, if Officer #2 asks the driver questions about things unrelated to speeding (like whether there are drugs in the car) while Officer #1 is writing the citation, will that be considered an unlawful extension of the traffic stop?
What is No?
To make a warrantless arrest for a misdemeanor offense, this is required.
What is the offense must be committed in the officer's presence?
Name at least two generally recognized exceptions to the search warrant requirement.
What are consent, automobile, search incident to arrest, exigency, impound/inventory, P&P, Terry frisk?
You conduct a traffic stop and see a passenger in the car making furtive movements. The driver tells you she is on felony probation and admits that she signed a 4th amendment waiver as a condition of probation. She tells you the vehicle is not hers and you cannot search it. What do you do?
What is contact her probation officer? You want to know what the waiver says--does it consent to warrantless searches and, if so, by whom? If just her PO, and not LE, you'll need a request or authorization from the PO to search without a warrant. Bonus question: what about the suspect revoking consent to search?
Use of handcuffs in a situation where there is no reason to believe the suspect is a flight risk or a danger to officers will likely convert an investigatory detention into this.
What is a de facto arrest?
True or False: Idaho law still allows a private citizen to make a warrantless arrest.
What is True? Idaho Code 19-604, a private citizen may arrest a person for a felony or a misdemeanor committed in the citizen's presence.
State the general rule for searching a vehicle incident to the arrest of an occupant.
What is an officer can search if the person arrested is within reaching distance of the passenger compartment OR it is reasonable to believe the vehicle contains evidence of the offense?
True or False: seizing evidence outside the scope of a search warrant will render the entire search invalid.
What is False? If a court determines the search exceeded the scope of the warrant, only the property unlawfully seized will be suppressed. If there is a challenge, it will be necessary to evaluate whether any exceptions to the warrant requirement apply to avoid suppression (such as plain view). BEST PRACTICE: if you discover evidence outside the scope of the warrant, get a second warrant.
During a traffic stop, an officer must have this to order a passenger in the vehicle to provide his/her identification.
What is reasonable suspicion that the passenger is, has or is about to commit a crime?
Absent consent or exigency, you need this to enter a third party's home to arrest the subject of an arrest warrant.
What is a search warrant? A search warrant is necessary to protect the homeowner's right to privacy, and will require sufficient proof that the subject of the warrant is inside the home.
True or False: in a situation where a DUI driver refuses evidentiary testing and the officer unsuccessfully attempts to obtain a blood draw warrant, the officer may proceed with a warrantless blood draw.
What is True?
You interview a juvenile suspect accused of battery at school in a school conference room. You give the juvenile his Miranda warnings and tell him he can have a parent present if he wants. He agrees to speak with you without a parent or an attorney, and admits to the battery. Yes or No: does the juvenile's parent have to be present in order for there to be a valid waiver of Miranda?
What is No? Whether a juvenile's parent is present during questioning is not relevant to whether the juvenile can validly waive Miranda rights; access to a parent is one factor a court will consider in determining the voluntariness of a juvenile's confession however. BEST PRACTICE: before questioning a juvenile suspect, ask if he/she wants a parent or other supportive adult present.