TYPES OF WARRANTS
Authorizes law enforcement to arrest an individual based on probable cause that they have committed a crime
What is an arrest/magistrate warrant?
Name the 4 ways an LEO can legally enter a residence
This type of environment, used to shield oneself, provides ballistic protection
What is cover?
This term refers to the legal doctrine that protects officers from civil liability when they use force that is deemed reasonable under the circumstances.
What is qualified immunity?
Deputy Smith is conducting a follow-up investigation regarding a burglary in the neighborhood. While speaking with the homeowner, he asks for permission to enter the home to look around for any evidence of the burglary, such as stolen items or signs of forced entry. The homeowner agrees and invites Deputy Smith inside.
Was Deputy Smith legally allowed to enter the home and if so, why?
Yes
Consent
Allows law enforcement to search a specific location for evidence/people
What is a search warrant?
The Georgia case law that allows officers to enter a suspect's residence if they have a felony warrant for the address and probable cause to believe the suspect is in the residence
What is State vs. Sutton?
This type of environment, used to shield oneself, provides no ballistic protection
What is concealment?
In 1989, the U.S. Supreme Court established this standard in the case of Graham v. Connor, which assesses the reasonableness of force used by law enforcement.
What is the objective reasonableness standard?
Deputy Rankins responds to a 911 call about a domestic disturbance. When she arrives, she hears screaming and what sounds like someone being hit inside the home. Fearing that someone is in immediate danger, Deputy Rankins enters the home without knocking or obtaining a warrant to ensure the safety of the people inside.
Was Deputy Rankins legally allowed to enter the home and if so, why?
Yes
Exigent Circumstances
Issued when a person fails to comply with a court order, usually for failing to appear in court
What is a bench warrant?
Name the 3 main categories of exigent circumstance
1.) Imminent Danger/Threat 2.) Hot Pursuit 3.) Destruction of Evidence
Prior to opening the initial door of the residence, what two things should be done?
What is knock and announce?
When searching incident to arrest, an officer may search the arrested individual's person and where else?
What is the immediate area?
Corporal Oler has an arrest warrant for a suspect wanted for felony assault. The arrest warrant lists the suspect’s home address. When Corporal Oler arrives at the suspect's home, he knocks on the door and identifies himself. The door opens slightly, and he sees the suspect inside the home. Corporal Oler enters the residence to take the suspect into custody.
Was Corporal Oler legally allowed to enter the home and if so, why?
Yes
Arrest Warrant
What is a fugitive warrant?
According to Payton vs. New York, a felony arrest warrant allows entry into the suspect's home, but not into this type of location
What is a third-party's residence?
The determining factor for who opens a closed door
What is "first light"?
This Amendment of the US Constitution protects against unreasonable searches and seizures.
What is the 4th Amendment?
Deputy Mills has obtained a search warrant to search the home of a suspected drug dealer. The warrant specifies that the officers are looking for illegal narcotics and drug paraphernalia. Deputy Mills and his team knock on the door, announce their presence, and enter the home after waiting a reasonable amount of time with no response.
Was Deputy Mills legally allowed to enter the home and if so, why?
Yes
Search Warrant
Issued when someone on probation violates the conditions of their probation terms
What is a probation violation warrant?
If an officer enters a home to serve a felony arrest warrant and the suspect is not there, any evidence found in the home may be excluded under this legal doctrine
What is the exclusionary rule?
The order of priorities which determines your focus/movement (P P D)
What are people, portals, and dead space?
This is a situation in which a person is in a stronghold position and poses a threat to commit serious bodily injury or death to themselves or others. During this situation, deputies shall not initiate tactical actions other than necessary to protect the lives and safety of themselves or others.
What is a barricaded/hostage situation?
Deputy Fox is chasing a suspect on foot who just committed a robbery. The suspect runs into a nearby house and slams the door shut. Deputy Fox immediately follows and enters the residence to arrest the suspect.
Was Deputy Fox legally allowed to enter the home and if so, why?
Yes
Hot Pursuit