The Fourth Amendment and Miscellaneous
Prohibits the police from conducting unreasonable searches and seizures without probable cause.
What is the Fourth Amendment?
An encounter that is brief, lacking in harassment and intimidation, and asks questions such as name, address or destination.
What is a request for information stop?
An arrest that is made when an officer has probable cause to believe that the person has committed the specific crime he/she is charged with.
What is a lawful arrest?
Reasonable belief that the suspect has committed a crime or is committing a crime.
What is probable cause?
The officer has more than a "hunch" in order to give rise to _____.
What is a reasonable suspicion?
The seizure of a person applies under the Fourth Amendment.
An acceptable excuse that does not have to amount to a reasonable suspicion of criminal activity.
What is an articulable reason?
An arrest warrant; or when the officer has probable cause.
What are the two way to carry out a lawful arrest?
Police officer relies on a hunch or reasonable suspicion.
What is failing to meet requirement of probable cause? or What are sufficient standards for a stop or inquiry?
The officer cannot rely on a gut feeling but rather must be able to _____.
What is express the basis for the stop?
Interaction that does not implicate the Fourth Amendment.
What is a request for information stop?
Encounter that must be supported by a founded suspicion that criminality is afoot.
The crime, the evidence, the witness(es), the suspect, and sworn statement to the truth to the circumstances.
What are some of the specific information needed in the application for an arrest warrant?
What is some of the criteria for determining whether or not to take action?
An officer may still have a right to approach a person and make inquires and observe the person's actions, even if they don't have ____.
What is a reasonable suspicion?
The content of the questions, the number of questions asked, and the language and nature of questions.
What is the difference between an "inquiry" and a "request for information"?
When an officer stops and detains an individual against their will; officer has a reasonable suspicion that the person committed a crime or is about to commit a crime.
What is a forcible stop?
Issued by a judge, authorizing that the suspect be taken into police custody.
What is an Arrest Warrant?
The court will look at all of the acts in a situation.
What is the totality of the circumstances?
When the crime that the individual is suspected of is associated with the use of a weapon or when a bulge is visible in the individual's waistband or the suspect touches his waistband during the stop.
When are frisks almost always upheld?
An individual does not have to consent; officer must have an articulable basis to fear for his/her own safety that person who has been stopped is carrying a weapon; only occurs prior to arrest.
What is a frisk?
Upon making a lawful arrest, an officer has an automatic right to conduct a search of _____.
What are the suspect's clothing and belongings?
Request for information; inquiry; forcible stop; frisk.
What are the four exceptions to the probable cause requirement?