Court Cases #1
Terry v. Ohio
Terry Stop/Reasonable suspicion
Wardlow vs. Illinois
Headlong flight in a high crime area
Wren v. Ohio
Mackey vs. State
Carrying a CCW is not automatically reasonable suspicion
Illinois v. Gates
Totality of circumstances equals probable cause
Draper v. U.S.
Have to have PC to stop
Free points 500
: )
Carroll vs. U.S.
Automobile exception that allows warrantless searches based on probable cause
Hornblower vs. State
Scurrying = destruction of evidence/allows LEO’s to enter
Siebert v. State
foot = search if emergency
U.S. vs. Robinson
Allows search of person incident of arrest, and LEO can criminally charge defendant for contraband found.
Chimel vs. California
Wife searched house at direction of LEO after suspect denied search. Court ruled LEO can search immediate area for safety.
Thornton vs. US
search vehicle incident to arrest if arrestee was in or had been near vehicle.
NY vs. Belton
If you search the vehicle incident to arrest, you can also search the passenger compartment. DOES NOT GIVE YOU TRUNK.
Gant vs. U.S.:
Exemption to 4th amendment and allows a warrantless search of a vehicle incident to arrest, only when the arrestee was unsecured and has access to vehicle.
No points - you lose your turn!
U.S. vs. Ross
Vehicle search was done with probable cause and extended into realm of Ross’ car, in which a judge would have approved a warrant. If PC exists to search the vehicle, you can search the entire vehicle.
Steagald vs. U.S.
Searching 3rd party residences requires search warrant if no consent. Warrant is only good for what subject could be concealed in. If other contraband is found, another search warrant is required for that contraband.
Graham vs. Connor
Objective Reasonableness must be considered without hindsight
Tennessee vs. Garner
You cannot shoot someone simply for fleeing.
Harlow vs. Fitzgerald
Determines qualified immunity for government officials
Sawyer vs. State
If you cannot readily identify something as contraband, you cannot utilize plain view.
I.E: seeing a pill in a vehicle plain view does NOT mean it's XTC
Sawyer v State
Must be immediate apparent as contraband for plain view
Georgia v Randolph
If one resident grants a search and another resident disagrees, it is unconstitutional to search.
No points you lose your turn!
;-)