Top 5 Important Cases
This case explains that "In the absence of exigent circumstances or consent, the police may not enter a private home to make a routine warrantless arrest".
What is Payton v. New York (1980)?
According to the Brower v. County of Inyo (1989) case, this term applies only when there is a “governmental termination of freedom of movement through means intentionally applied.
What is a seizure?
The burden of proof needed for an arrest.
What is Probable Cause?
A writ issued by a duly authorized person that instructs a law enforcement officer to bring the person to a magistrate or judge in connection with an offense with which they have been charged.
What is an Arrest Warrant?
Force that, when used, is not likely to result in serious bodily injury or death.
What is Nondeadly Force?
This case explains that Police officers must "knock and announce" before entering a house. Also, is part of the 4th amendment requirement that searches and seizures be reasonable. Is not rigid and subject to exceptions.
What is Wilson v. Arkansas (1995)?
This is an arrest/this occurs when authorities take control of an individual, restricting their freedom of movement?
What is a seizure of person?
The explanation of the allowed Length of Detention and Arrest.
What is “Must not be longer than that required by the circumstances and it must take place by the ‘least intrusive means’ meaning that it must not be more than that needed to verify or dispel the officer’s suspicions”?
A warrant issued when the person to be arrested is well described in the warrant, but not identified by name.
What is a John Doe Warrant?
Force that, when used, would lead a reasonable officer objectively to conclude that it poses a high risk of death or serious injury.
What is Deadly Force?
The significance of Atwater v. City of Lago Vista (2001).
What is “An arrest for an offense not punishable with jail or prison time is constitutional.”?
The taking of person into custody with the use of hands, force, or firearms.
What is Actual Seizure?
These include situations such as 1) Felonies committed in the presence of officers, 2) Misdemeanors committed in the presence of officers, 3) Crimes committed in public places, 4) When exigent circumstances are present, 5) When there is danger to the arresting officer.
What are 5 situations where police have general power to arrest without a warrant?
A warrant issued when a person does not appear for a hearing.
What is a Bench Warrant?
The lowest form of force.
What is Officer Presence?
The significance of Tennessee v. Garner (1985)
What is “It is constitutionally reasonable for a police officer to use deadly force only when the officer has probable cause to believe that the suspect poses a threat of serious physical harm to the officer or others.”?
Occurs without any physical touching, grabbing, holding, or use of force when the individual peacefully submits to the officer's will and control.
What is Constructive Seizure?
The Four elements required for a lawful arrest.
What are 1) seizure and detention, 2) Intention to arrest, 3) Arrest Authority (Jurisdiction), 4) The understanding of the individual that they are being arrested.
The process to secure the issuance of a warrant.
What is filing a complaint before a magistrate or judge showing probable cause for arrest of the accused?
Force that is used to punish rather to accomplish lawful results.
What is Punitive Force?
The significance of Brigham City, Utah v. Stuart (2006).
What is “Police may enter a home and make an arrest without a warrant if they have objectively reasonable basis for believing that an occupant is seriously injured or immediately threatened with such injury.”?
These circumstances were suggested by the court in United States v. Mendenhall (1980) to cause a reasonable person to believe they were not free to leave. (There is four, only need to name at least two).
What are 1) The threatening presence of several officers, 2) The display of a weapon by an officer, 3) Some physical touching of the person, 4) The use of language or tone of voice indicating that compliance with the officer’s request was required?
The three instances when the element of understanding is not required for an arrest.
What are 1) When the suspect is drunk or under the influence of drugs and does not understand what is going on, 2) When the suspect has a mental illness or is experiencing a mental illness event, 3) When the suspect is unconscious?
These three instances are when a warrant is needed.
What are 1) A warrant is needed if the crime is not committed in the officer’s presence, 2) A warrant is needed if the suspect is in a private residence and there is no reason for an immediate arrest, 3) A warrant is needed in home entries for minor offenses?
Description of an escalating series of actions an officer may appropriately use, from no force to deadly force.
What is Use-of-Force Continuum?