Extending the Terry Stop
Consent to search
Cases
100
What is reasonable suspicion?
What is more than inchoate and unparticularized suspicion or hunch--based on specific and articulable facts taken together with rational inferences from those facts.
100
Who has the burden to prove the consent to search was valid?
What is government's burden proving through the preponderance of the evidence
100
What case held that, "even if a defendant voluntarily consented to a search of his person, consent does not remove the taint of an illegal detention if it is the product of that detention and not an independent act of free will?"
What is U.S v. Dortch
200
When does a Terry stop end?
What is, "normally, the stop ends when the police have no further need to control the scene, and inform the drive and passengers they are free to leave."
200
What are the six factors used in evaluating the voluntariness of the consent?
What is 1. voluntariness of the defendant's custodial status 2. presence of coercive police procedures 3. extent and level of the defendant's cooperation with the police 4. the defendant's awareness of his right to refuse consent 5. the defendant's education and intelligence 6. the defendant's belief that no incriminating evidence will be found. Although all six factors are relevant no single factor is dispositive.
200
What case held that, "an officer's inquiry into matters unrelated to justification for a traffic stop do not convert the encounter into something other than a lawful seizure, so long as those inquires do not measurably extend duration of the stop?
What is Arizona v. Johnson
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