Case Law
An investigative stop is justified under this case law if the officer can justify reasonable suspicion that a subject was/is/is about to commit a crime and there is reason to believe the subject is armed with a weapon
What is Terry v. Ohio?
A hunch
A court order authorizing law enforcement to conduct a search &/or seizure
What is a search warrant?
The body of law that establishes operations and procedures of governmental agencies
What is Administrative Law?
This chapter governs use of deadly force
What is chapter 776.06 FS?
This case law established the objective reasonableness standard for officer use of force
What is Graham v. Connor?
The standard of justification needed to support an investigative stop
What is reasonable suspicion?
The three elements that compose a 4th Amendment search
What are government, intrusion, and REP?
The amendment protects against self-incrimination
What is the 5th Amendment?
A civil wrong in which the action or inaction of a person or entity violated the rights of another person or entity
What is a tort?
This case law established the plain touch/plain feel doctrine
What is Minnesota v. Dickerson?
A prosecutor may 'no file' your case if they cannot prove your case by this standard
What is proof beyond a reasonable doubt?
The three types of exigent circumstances that justify a warrantless entry
What are destruction of evidence, emergency scene, and fresh pursuit?
This occurs when the defense files a motion to suppress or exclude certain testimony or evidence from trial
What is a suppression hearing?
A civil proceeding is which law enforcement asks the court to transfer ownership of property from the defendant to the law enforcement agency
What is forfeiture?
Under this case law, the scope of a vehicle search incident to arrest is limited to the passenger compartment only when
-the arrestee is unsecured, and the passenger compartment is within reaching distance OR
-it is reasonable to believe the vehicle contains evidence of the crime the subject was arrested for
What is Arizona v. Gant?
Based on the totality of circumstances, it is the fair probability to believe that a crime has been or is being committed
What is probable cause?
While not technically searches, these two exceptions to the search warrant requirement are missing an element of what makes something a search under the 4th amendment
What are abandoned property and open fields?
This is a court order to take a juvenile into custody
What is a pick-up order?
Under the plain view search warrant requirement exception, any contraband an officer can see may be seized without a warrant as long as these three conditions are met
2. The item is in plain view
3. The officer has PC to believe the items is contraband or crime scene evidence
This case law established the search incident to arrest exception to the search warrant requirement
What is U.S. v. Robinson?
This case law states the subjective reasoning of an officer for a stop is irrelevant so long as there is objectively reasonable justification for the stop
What is Whren v. U.S.?
Two rationales for the search warrant exception, established in U.S. v Robinson for searches incident to arrest?
1. The need to disarm a suspect to take them into custody
2. The need to preserve evidence
An officer unlawfully interferes with the fundamental rights of another person and is sued under this statutory basis
What is 42 USC 1983 (Civil Rights Violation)
Two NASCAR fans get into a fight at South Turn when Bubba Wallace wrecked Alex Bowman during the Coke Zero 400. The Alex Bowman fan pulls out a gun and shoots the Bubba Wallace fan in the head, killing the Bubba Wallace fan. The Alex Bowman fan had this type of criminal intent
What is specific intent?