Search and Arrest
The common-law rule permitting searches of the person of an arrestee as an incident to the arrest.
Search incident to arrest
How long are individuals held for an involutary Baker Act?
72 hours
This amendment states in part that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.....
Fourth Amendment
This case established the "objective reasonableness" standard
Graham v. Connor (1989)
What types of formations can be used when clearing a building?
Diamond and "T" formation
The warrantless inspection of persons, vehicles, vessels, ships, and cargo passing through the borders of the United States.
Border Search
The involuntary institutionalization and examination of an individual due to possible injury to him/herself or others.
Baker Act
This amendment states in part that in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.....
Sixth Amendment
This case established that an officer may not use deadly force to stop a fleeing felon unless officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Tennessee v. Garner (1985)
A barrier capable of hiding but unable to slow down or stop a projectile.
Concealment
A limited search for weapons, generally of the outer clothing, but also of those areas which may be within the suspect’s control and pose a danger to the office
Immediate pat down
• Ex Parte Petition/Order (Judge/Court Order)
• Report of Law Enforcement Officer with summary of events (also Provide Police Report and/or Case#)
• Certificate from a Mental Health Professional (from a Doctor/Psychiatrist)
A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Second Amendment
The warning that is required only apply when a person is in custody and interrogated.
Miranda Warning
Miranda v. Arizona (1966)
A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance.
Trespassing
Taking custody of another and thereby depriving him of his liberty by assertion of legal authority for the purpose of holding or detaining him to answer a criminal charge.
Arrest
This replaced the Myers Act by addressing the entire array of substance abuse impairment issues.
Marchman Act
This amendment states in part that no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;
Fifth Amendment
This case establishes that an officer can briefly detain a person, based upon reasonable suspicion of criminal activity. The officer is also permitted to do a limited "frisk" search of the person without a warrant.
Terry Stop
Terry v. Ohio (1968)
A barrier capable of stopping a projectile
Cover
The observation of objects of evidentiary value that can be clearly seen from public places does not constitute a fourth amendment search.
Plain View Doctrine
Paranoid Schizophrenia, Depression, and Bipolar disorder are examples of
Mental Illness
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Eight Amendment
It is unconstitutional under the Fourth Amendment to conduct a search and seizure without a warrant anywhere that a person has a reasonable expectation of privacy.
Katz v United States (1967)
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass.
Burglary Tool