Con Law I Test

Levels of Encounter

100

Legal standard of 4 levels of encounter 

accosting: nothing 

seizure: RAS that a person is or is about to be involved in criminal conduct 

frisk: legal seizure and RAS that the person is presently armed and dangerous 

arrest: PC of a crime, PC the person detained committed the crime, and Maryland statutory authority to arrest

200

accosting: how does the court review, what's the duration of the encounter, obligations of detainee/what can you command, amount of force allowed

How does the court review?: TOC. Whether a reasonable person would feel free to leave or end the encounter

Duration of the encounter: As long as the citizen is willing to continue the encounter

Obligations of Detainee/What can you command: Nothing. Citizen does not need to answer questions or cooperate. They can be rude, curse, and can walk away

Amount of force allowed: None

300

arrest: how does the court review, what's the duration of the encounter, obligations of detainee/what can you command, amount of force allowed

How does the court review?: TOC based upon a reasonable police officer. Is there an arrest? An officer’s intent is not determinative but just one factor. If there is an arrest, does PC exist?

Duration of the encounter: Until arrestee has the right to presentment before the commissioner.

Obligations of Detainee/What can you command: Compliance with all reasonable lawful orders. Offender could be charged with resisting arrest if they don’t submit

Amount of force allowed: Reasonable force to effectuate the arrest. Arrestee can use reasonable force to resist an illegal warrantless arrest

400

seizure: how does the court review, what's the duration of the encounter, obligations of detainee/what can you command, amount of force allowed

How does the court review?: TOC is based on a reasonable police officer. Is there a seizure? Is there actual physical force or a yield to the show of authority? Would a reasonable person feel they were not free to leave? Is there RAS of criminal conduct?

Duration of the encounter: 

- Street encounters or traffic stops for RAS: Long enough to confirm or dispel suspicions with due diligence

- Traffic stops for citations: Long enough to process citation with due diligence. Too long a detention could create a second stop requiring separate justification

Obligations of Detainee/What can you command: Detainee must remain and must verbally provide their truthful name. They do not have to answer questions, cooperate, or produce ID (except driver must produce license for a vehicle stop). There is no right to resist a legal or illegal detention.

Amount of force allowed: Any reasonable force; least restrictive under the circumstances. Hard take downs and cuffing sometimes permissible but they are exceptions and should be used only when necessary. Consider reducing level of force if circumstances permit. Too much force could transform detention into a defacto arrest requiring PC

500

frisk: how does the court review, what's the duration of the encounter, obligations of detainee/what can you command, amount of force allowed

How does the court review?:Is there RAS that detainee is presently armed and dangerous? TOC based upon a reasonable police officer.

Scope: person – pat down of outer clothing; vehicle – search of entire passenger compartment and containers where object sough (weapons) could be found.

Duration of the encounter: Due diligence

Obligations of Detainee/What can you command?: Must let officer conduct the frisk

Amount of force allowed: Amount of force reasonably necessary. If you can legally go in a container, it does not matter if the container is open or closed – open and go in. However, the law does not address what, if any, force you can use to open locked containers during a Terry frisk. If you have a key, open. However, if you must destroy property to get in, it should be reasonable to do so under the circumstances.

Felonies & Misdemeanors

100

felony and misdemeanor definitions 

• In Maryland a felony was a felony because it was so at common law or a statute now makes it so
• In Maryland a misdemeanor was a misdemeanor because it was so at common law or a statute now makes it so

200

Felonies from common law 

• Murder
• Rape
• Manslaughter
• Robbery
• Sodomy
• Larceny (theft < $1,500)
• Arson
• Mayhem
• Burglary

300

necessary conditions for domestic violence arrest exception

• The person battered the person’s spouse or another person with whom the person resides
• There is evidence of physical injury
• And the report was made within 48 hours of the alleged incident

400

other misdemeanor exceptions under MD statutory authority to arrest 

- domestic violence 

- violation of a protective/peace order 

- stalking 

- public emergency 

500

enumerated misdemeanors 

• Manslaughter by vehicle or vessel
• Malicious burning or attempt
• Malicious destruction or attempt
• Indecent exposure
• Theft < $1,500 or attempt
• CDS violations or attempt
• Causing or giving false alarm of fire
• Prostitution and related charges
• Carrying, wearing, or transporting a handgun
• Carrying or wearing a concealed handgun or carrying a weapon openly with the intent to injure
• Violation of pre- or post-trial release for a sexual crime where the victim is a minor

case law

100

Terry v. Ohio 

Terry stops 

200

whren v. US

pre textual stops

300

Arizona v. Johnson

• All passengers of a vehicle are seized during a traffic stop and therefore everyone can be ordered out

400

Ferris v. State

• Cannot have secondary stops
• Once citation handed to driver, stop is completed, cannot investigate/question further for other criminal conduct without further conduct that gives RAS for new criminal conduct or independent probable cause

500

Minnesota v. Dickerson

• Plain feel doctrine
• If you have RAS the person is armed and dangerous and during that pat down you feel something that is readily apparent to be an item that was contraband, you can seize that item
• It has to be done simultaneously with the legitimate Terry frisk
• If you have already dispelled your suspicion that they are armed and dangerous, you can no longer continue to pat down

definitions

100

hybrid stop

traffic stop that becomes a secondary stop

200

de facto arrest

occurs when an officer exceeds the scope of a lawful seizure

300

constructive possession

ex. gun under passenger seat, everyone in the car can be charged, same with having drugs; just because the fruit of the crime isn’t directly on you doesn’t mean you can’t be charged with the crime while in a vehicle 

400

probable cause to arrest

acts and circumstances known to an officer that would warrant a reasonable officer in believing both at a probability level that an offence has been or is being committed AND a particular person is responsible

500

probable cause to search

facts and circumstances known to an officer that would warrant a reasonable officer in believing at a probability level that a crime has been committed; that evidence of the crime exists; AND that the evidence sought will be in a particular place. In order to conduct a warrantless search, there must be a legally recognized exception to the warrant requirement.

Concepts

100

legal standards

• Hunch/intuition/instinct
• Reasonableness
• Probable cause
• Preponderance
• Clear and convincing
• Beyond a reasonable doubt

200

When can you search? 

• Consent – with the exception of the odor of marijuana
• Terry frisk
• Search incident to a lawful arrest
• Vehicle exception: Carroll doctrine
• Exigent circumstances
• Public safety
• Good faith

300

plain view doctrine

• an officer may seize evidence/contraband that is in plain view without a warrant
• Need to be in a legal location where you are lawfully allowed to be
• 3 criteria used by the court
• Evidence must be seen from a lawful vantage point (can’t move things)
• Officer must have right to lawful access to that location
• Must be immediately apparent that the item is in face contraband/incriminating evidence
• Now have PC for arrest and search incident to arrest
• Use of flashlights & binoculars are permitted
• Arial searches are permitted – person doesn’t have a reasonable expectation of privacy outside growing plants

400

Carroll doctrine

automobile exception, allows you to search a car with probable cause of criminal activity; because of the ability of the vehicle to move and evidence to be moved or destroyed; doesn’t require warrant; vehicle contains fruits of the crime; expands the scope of search incident to a lawful arrest – gets you in the trunk

500

sources of information and legal standard 

anonymous tips alone: nothing

anonymous tips w insufficient corroboration: nothing 

anonymous tips w sufficient corroboration: RAS

known CI from within criminal milieu:PC

Known Concerned Citizen not Involved in Criminal Activity: PC

Known Victim/Witness (if credible):PC

Direct Police Information: PC