Cases
Which case determined Use of Force for a fleeing suspect
Tennessee V. Garner
What are we searching for search incident to arrest
weapons
fruits of the crime
instrumentalities
contraband
evidence
What does Arrest equal
Seizure
What is real authority
The legal right to make an arrest
What is a form 104
Use to strengthen your case, but it is not mandated (consent search waiver form)
Which case established "police can search within wingspan of a subject while being arrested"
Chimel V. California
Is search incident to arrest an exception to the search warrant requirement
Yes
An arrest must be supported by what?
Probable cause
What are the three exigent circumstances
Fresh/Hot pursuit(only felony)
destruction of evidence( only a felony)
Immediate need for protection of police or public
Types of consent
Which case determined that police could search containers in vehicles (with reason to believe that contraband is located within them)
California V. Acevedo
What is contemporaneous
about the same time
Is every seizure an arrest
NO-
The limited “intrusion” known as a pat down or a frisk is for weapons only
Yes- the person giving consent controls the search
Which court case established that courts should consider "circumstances surrounding the incident
Graham V. Connor
Scope of a Gant search
passenger compartment of vehicle
wherever is reasonable to believe evidence of the crime of arrest could be located
NO TRUNK
What are the two clauses under the 4th amendment
1- Warrantless clause
2- Reasonableness clause
Where does force fall under the fourth amendment
The reasonableness clause
10-95
subject in custody
Which case established that police may search a vehicle after an occupants recent arrest, only if arrestee is within reaching distance of passenger compartment at the time of arrest or it is reasonable to believe that evidence relating to the crime is located in the vehicle
Arizona V. Gant
What things can you do while waiting for a warrant to be issued
set up a perimeter
call CNT (crisis negotiation team)
What are the elements of arrest
1- Intention to arrest
2- Real or pretended authority
3- Detention and seizure
4- Communication and understanding
Criteria needed for a Stop and Frisk
Reasonable articulable suspicion that criminal activity is afoot
Reasonable articulable suspicion that the suspect is armed and dangerous
2 main elements of a consent search