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68 Cards in this Set
- Front
- Back
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Fourth Amendment
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Texas Constitution Article 1, Section 9
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The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
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CCP 15.22
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A person has been arrested when they have been actually placed under restraint or taken into custody by a peace officer.
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A person has been _________ when they have been actually placed under restraint or taken into custody by a peace officer.
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Arrested
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Constructive Custody (CCP 11.21)
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When we're not allowing someone to leave, even without handcuffing or tazing whatever, this is constructive custody IF they submit to your authority
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Restraint
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the of act controlling by restraining someone or something
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Duties of arresting officer and magistrate
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Without unnecessary delay (no more than 48 hours, sooner is better) take before a magistrate of the county arrested
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Miranda v Arizona
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When someone is the focus of investigation, is detained/in custody prior to questioning them on a specific charge
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US v Mendenhall
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Talked to guy in airport, invite him office to talk more, ask for consent to search, it is given, they find drugs. Court upheld consensual encounter, not in custody.
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Florida v Royer
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Seemed to fit courier pattern, asked for ticket and ID, ID didn't match ticket, kept them and told him to come to sec office, gave consent. Court ruled this was arrest, not consensual.
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CCP 14.01 Offense within View
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Without warrant arrest when offense committed within presence or view of officer; breach of the peace or crime.
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Suspicion
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Act of imagining or of doubt. Apprehension of something without proof, or on slight evidence
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Suspicious circumstances
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What you see, hear or smell could indicate the presence of criminal activity
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What can an officer do with mere suspicious
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Investigate, approach and question but they may refuse to answer, may refuse to identify, and may not be detained
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Probable Cause
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Reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime
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Beck v Ohio
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Anonymous tip on beck that he was involved in gambling. Observed someone looking like picture, it was him. Placed under arrest and searched car w/o warrant. Find nothing, took him to jail, book him and find gambling slips; file for poss of crim instrument, Ohio ct said search incident to logical, good arrest; SCOTUS overturned.
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Elements that can be used to establish P.C.
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High crime rate area; time of day/night; location; furtive act; abnormal behavior
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Information provided by credible informant
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If they're known to you, good; if they're anonymous, overcome hurdle of anonymity with record; if they can be named better, named and actually innocent, best
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Once PC has been established, you may ________
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Arrest for that offense which the PC leads you to believe is occurring/about to occur/has occurred
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Aguilar v Texas
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Test for measuring credibility of an informant.
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Temporary
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Temporary is for a short time
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Temporary detention
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Holding a person by act or by fact for a limited period of time but who as yet is not answerable to an offense
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Elements for temp detention
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Reasonable suspicion by peace officer that some activity out of the ordinary is or has taken place; indication to connect the person to be detained with the activity; some indication the suspicious act is related to a specific offense
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Brown v Texas
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Must have an articulable reference to a reasonable suspicion of crime
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Adams v Williams
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Court ruled cop making stop has right to make protective search for weapons if there is a belief he is armed and dangerous.
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Pennsylvania v Mimms
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Always reasonable during valid traffic stop for face to face without reasonable suspicion
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Maryland V Wilson
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LEO can order pax out of vehicle w/o reasonable suspicion on valid traffic stop
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Baity v State
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A LEO's specific knowledge (guy known to the cop to be a burglar, saw crowbar) is reasonable cause to investigate
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Frisk
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Search for concealed weapons by running the hands rapidly over the clothing and through the pockets
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When frisk is allowed
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Only for officer safety. Must articulate a reason (hands in pockets after being asked not to; bulge; shiny object; holding something in pocket, etc )
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Frisk permitted...
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Any time an officer is in contact with a person and can articulate the reasons he feared for his safety. When the officer has reason to believe another has a weapon that can be used to cause injury or death
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Terry v Ohio 392 US 1 (1968)
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Activity that looks suspicious, in LEO's experience and knowledge, is grounds to stop and frisk
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Scope of a frisk
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What are we looking for->What can we look in?
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Where can you frisk
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You may pat down the entire body; vehicles AND cars - area of immediate control. You can seize illegal weapons/items immediately recognized as contraband
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Frisk: Use of Force
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Only the necessary amount of force may be used
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Search
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Examination of house or other premises or his person with a view to the disc of contraband or illicit/stolen property or evidence of guilt, not in plain view.
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For what can we search?
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Fruits of a crime; tools of a crime;
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Katz v US
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Reasonable expectation of privacy
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Situations that justify lawful search
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Search Warrant;
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What a warrant must state
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Specific crime, specific items to be found,
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Search warrants may also be
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Arrest warrants (CCP 18.03)
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Search warrants covered
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CCP18.01-18.11; 47.01
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Return must have...
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Copy of inventory, people arrested
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Photos of injured child
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Prohibited in Family code, 18.021, conditions under which you may photograph children victims, injury, sex assault (also agg) cont abuse of child/ren. Must be in situ, no non LE photogs etc
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Who and what may be searched
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Persons, Places, open fields
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Incident to arrest
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Exception that allows us to search for evidence of the crime being charged for.
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Open Fields exception
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Ends where the curtilage begins; criminal activity conducted in an open field that is not part of the curtilage is not protected by the 4th amendment
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Hester v US
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Give up right to privacy when you conduct illegal acts in an open field
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Payton v New York
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No exigency means no search fruits for you.
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Imminent destruction of evidence
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Search must end when evidence secured or threat of destruction has been neutralized
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Cupp v Murphy
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Skin under his fingernails; cops can search if destruction is imminent
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Consent searches
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Must be voluntary and knowing and by someone with authority and capacity. Avoid a show of force or anything that could be considered coercion.
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On consent searches, the person has the right to_________________
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revoke consent at any time
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Ohio v Robinette
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We don't have to tell people that they're free to go before we ask for consent.
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Inventory is not a search
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It is an administrative function that occurs when a vehicle is to be towed or impounded. GENERALLY accepted that certain evidentiary items are often discovered as a part of a vehicle inventory.
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Colorado v Bertine, 479 US 367
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4th amendment does not prohibit state from pursuing criminal charges with evidence found during a vehicle inventory consistent with a written departmental inventory policy
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Florida v Wells
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Lack of inventory policy costs you the case
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No Standing
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Those consenting to search must have standing to consent (if a person does not own or ave legit custody of an item, he cannot claim a reasonable exception)
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Plain View
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Contraband in plain view of an officer legally where he is when he sees it can be seized without a warrant
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US v Lee 274 US 559
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You can use a flashlight to see things from a vantage point you're legally entitled to occupy.
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Abandoned property
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Okay to dumpster dive
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California v Hodari 499 US 621
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People Running away have not been seized until they submit to detention; anything they abandon during a chase is up for grabs
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Exclusionary rule
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Fruit of the poisonous tree
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Weeks v US 232 US 383
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Evidence discovered illegally is out
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Inevitable discovery
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info or evidence obtained as result of improper seizure may be admissible in court if determined that the info would have been eventually obtained by lawful means
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Nix v Williams
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If we were eventually clearly on the way to finding it, it's in - even if we ALSO obtained it unreasonably Inevitable discovery doctrine
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US v Leon 104 s.ct 3415
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Good faith exception to the exclusion rule; Exclusionary rule does not bar information discovered by cops operating on good faith even if it turned out eventually to be invalid
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Totality of the circumstances
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Gates
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