Policing 1
Prohibition against unreasonable searches and seizures from the Government
Requirement of probable cause to issue a warrant
What are the five requirements of a search warrant?
Probable cause that a crime has been or will be committed
Premises to be searched
Suspects to be found
Illegal activities taking place at the premises
Items to be seized
Define "Stop" in Stop and Frisk
Brief detention of a person by law enforcement agents for questioning
What is the difference between stop and arrest regarding warrant?
Stop: None
Arrest: Required in some, but not all, situations
Written order commanding that the person named on the warrant be arrested by the police
Arrest Warrant
What are the four sources of probable cause as defined in class?
Personal Observation
Information
Evidence
Association
What are items that can be seized using a search warrant?
Items resulting from a crime
Illegal Items
Items of Evidence
Items used in committing a crime
Define "Frisk" from Stop and Frisk
Pat-down or minimal search by police to discover weapons
What is the difference between stop and arrest regarding intention of officer?
Stop:To investigate suspicious activity
Arrest:To make a formal charge against the suspect
Situations that require immediate actions by the police and provide exceptions to warrants
Exigent Circumstances
Define Exclusionary Rule as described in class
Exclusionary Rule: Evidence obtained in violation of the accused’s rights will not be admissible in criminal court
what are Searches and Seizures without a search warrant
Searches incidental to arrests
Consent Searches
Defined the difference between a search and a frisk
Terry V. Ohio
What is the difference between stop and arrest regarding searches?
Stop: May frisk, or “pat down”, for weapons
Arrest: May conduct a full search for weapons or evidence
Made without seeking a prior warrant for the action
Warrantless Arrest
What are the two exceptions to the exclusionary rule?
Exceptions to the Exclusionary Rule:
Inevitable Discovery Exception
Good Faith Exception
Objects in plain view of a law enforcement agent may be seized without a warrant and introduced as evidence
Plain View Doctrine
What are the four elements of an arrest?
Intent to Arrest
Authority to Arrest
Seizure or Detention
Understanding
What is the difference between stop and arrest regarding scope of search?
Stop: Outer clothing only
Arrest: Area within the suspect’s immediate control or “reach”
Warrantless Arrest is possible in the following circumstances...
Offense is committed in the officer’s presence
Officer believes that the suspect has committed a certain crime
There is a possibility that the suspect could escape or destroy evidence in the time
taken to procure a warrant
Written order commanding police officers to search a specific person, place, or property to obtain evidence
Search Warrant
Criteria for a Warrantless Search
Officer can easily spot or sense the item
Officer is legally in a position to notice the item
Discovery of the item is inadvertent
Officer immediately recognizes the illegal nature of the item
What is the difference between stop and arrest regarding justification?
Stop: Reasonable Suspicion Only
Arrest: Probable Cause
To deprive the liberty of a person suspected of criminal activity
Arrest
Miranda warning protects from...
coercion