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68 Cards in this Set
- Front
- Back
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Can State Courts provide greater protection to citizens?
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Yes, and Texas does
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Fifth Amendment provides for....
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no person shall be compelled to witness against themselves in a criminal case. During custodial interrogation have right to have counsel present and a right to refuse to answer questions.
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Sixth Amendment provides for...
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Right to counsel to aid in his/her defense.
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What two Amendments provide that no person shall be deprived of live, liberty, or property without due process of law?
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Fifth and Fourteenth
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Constitutional violations by an officer can result in monetary sanctions against officer & dept, as well as monetary damages from civil liability. True or False?
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True
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What is the rule that means evidence seized in violation of the 4th Amendment cannot be introduced into evidence in a subsequent trial?
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Exclusionary Rule
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What is the mechanism by which the defense denies use of evidence to the prosecution through the exclusionary rule?
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Supression
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What are the 3 levels of conceptual police encounters from a legal point of view?
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1. Consensual
2. Dententions/Investigatory or Terry Stops 3. Formal Arrest |
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Consensual Encounter definition
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"common law right to inquire" The right to ask a quesiton. Voluntary. Reasonable person would understand they could refuse to cooperate.
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What is the Correlative Future Interest in the Grantor for a Fee Simple Determinable?
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Whenever a grantor conveys a fee simple determinable he automatically retains a possibility of reverter, Possibility of Reverter - is a reversionary future interest. A possibility of reverter is transferable, descendible, and devisable.
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Justification for formal arrest
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PROBABLE CAUSE Higher degree of suspicion
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If the encounter is consensual, do the protections of the 4th Amendment apply?
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No, because no seizure has taken place
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Sample questions an officer can ask to establish a consensual citizen encounter
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May I talk to you? Can I have a minute of your time? Do you mind if I search you for drugs? Would you mind showing me what's in your hand? May I look in your purse/luggage?
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True or False: There is no requirement for a citizen to b informed of the right to refuse consent to an encounter.
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True
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Michigan v Chesternut: Officer accelerated patrol car & drove alongside defendent. No siren/lights, did not demand to halt, no weapon displayed, did not block path or drive aggressively. Consensual or not?
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Consensual
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Barnes v State: Defendent was passenger in parked car talking w/known drug dealer sitting on curb holding brown paper bag. Officer pulled up behind at slanted angle, approached on foot, asked how they were doing and what they were doing in area and if they lived there. Consensual or not?
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Consensual, until officer asked defendent to step out of the car after seeing something in his mouth.
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7 things an officer can do that will change a consensual encounter to a detention per court precedent
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Display a weapon
Use harsh/accusatorial tone of voice Order citizen to do something (stop, open hands, don't move, stay there, come over here) Block path with body or vehicle Tell the individual they are a suspect Physically touch the individual Retain their property (DL, ticket,etc) |
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State v Garcia-Cantu: Officer parked 10ft behind defendent, shined spotlight on the truck, walked up to it in "authoritative" manner holding a large flashlight at shoulder level. Consensual or not?
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Not consensual
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Salcido v State: Officer placed hand on shoulder. Consensual or not?
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Not consensual
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Sheppard v State: Officer in full raid gear exited vehicle, approached vehicle, and said "just sit tight bud." Consensual or not?
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Not consensual
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Molina v State: Officer approached at bus stop and asked name. Consensual or not?
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Consensual, until Officer took Social Security card and radioed in for a warrants check on his name.
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Herrera v State: 6 uniformed, armed officers surrounded vehicle in parking lot and told subject they wanted to question him about a murder. Consensual or not?
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Not consensual
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A seizure does not occur until either the suspect complies with the "show of authority" by police or there is _____________.
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Application of physical force
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If the purpose of the stop is limited and resulting dentention quite brief, is the stop of a moving vehicle a seizure of the drivers and passengers?
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Yes
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Person in a parked car complies with a police order to roll down the window, open the door, or get out of a car. Seizure or not?
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Seizure
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Ebarb v State: Officer approaches a vehicle and knocks on the window. Seizure or not?
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Not a seizure
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Does an officer need reasonable suspicion to ask questions and ask for identification in a public place? (airport, bus station, train, plane, bus, etc)
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No, as long as a reasonable person would understand that he or she could refuse to cooperate.
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US. v Drayton: Officer boarded a bus and questioned passengers and asked consent to search a bag. Seizure or not?
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Not a seizure because aisles were left free, no weapons displayed-only badges, no intimidating moves, used a polite/not authoritative tone, and only one officer did the questioning.
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Jackson v State: 2 officers approached at major airport because she was nervous and overly protective of bag. One stayed back.other approached & identified as an officer and asked to speak with her. Let her know she did not have to. Used normal quiet voice to ask where she was going & why, & if luggage had been checked. Asked to see ticket and asked for consent to search bag. No touching, no weapons displayed, stayed in public area. Seizure or not?
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Not a seizure
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In a consensual encounter does an officer have to give Miranda warnings?
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No
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Once an arrest is made, does an officer have to advise the person of their Miranda rights?
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Yes
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If an officer plans on questioning a person while they are in custody, does the officer have to advise them of Miranda rights?
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Yes
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_______ is when an officer observes specific & articulable events that lead them to believe illegal activity may be underway. _________ must derive from facts and inferences from those facts.
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Reasonable suspicion
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If there is reasonable suspicon, an officer is justified in detaining and questioning the individual. True or false?
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True
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A Terry stop should be ask convincing as information that would create probably cause for arrest. True or False?
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False--reasonable suspicion
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In a Terry case, if you have reasonable suspicion then the officer is entitled to conduct a limited pat down, or frisk, of the outer garments of the detainee to determine whether the suspect is armed or possesses an item which could be used to harm the officer. True or false?
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True
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The legal standard for a frisk, like a Terry stop, is reasonable suspicion. True or false?
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False-unlike the stop it relates to the fear that the supect is armed with a deadly weapon.
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What period of time have courts seemed to routinely permit as reasonable when conducting a Terry stop?
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15-30 minutes, though longer have been upheld and shorter have been found excessive.
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If an officer does not have a justification for the initial stop, everything that may happen afterwards (guns or drugs found) will be of no consequence. True or false?
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True-any evidence used against the suspect is tainted by the police misconduct and will be supressed as fruit of unconstitutional detention. (Exclusionary rule)
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Following a lawful stop an officer may, as a matter of course, order the driver and any passengers to step out of the vehicle, even without any particular suspicion that the vehicle occupants are armed or may otherwise pose a threat to the officer. True or false?
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True
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6 things that by themselves do not alone constitute reasonable suspicion
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1. Prior criminal record
2. Crime recently committed in vicinity 3. Presence in a high crime area 4. Evasive conduct, furtive gestures, concealing or attempting to conceal identity 5. Time of day 6. 3rd party informant information UNLESS corroborated by officer's independent investigation or extraneous evidence that informant is reliable/truthful |
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An examination of the scope of a stop addresses:
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1. The length of the detention
2. The methods employed during the stop--tailored to serve the purpose of confirming or alleviate the officers' suspicions. |
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Suspect's flight when confronted with police presence may give reasonable suspicion to pursue and detain. True or false?
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True
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All conduct to avoid contact with law enforcment is considered flight from law enforcement and provides reasonable suspicion. True or False?
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False
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Illinois v Wardlow: 2 uniformed officers in last car of 4 car caravan converged on heavy narcotics trafficking area. Defendent standing next to building carrying opaque bag & ran in opposite direction. Reasonable suspicion or not?
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Reasonable suspicion-detention was upheld
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Livingston v State: 9pm unidentified man told 2 officers of shooting in nearby store parking lot. Then officers saw defendant emerge from dimly lit isolated area behind that store without grocery bags. When he saw car he turned and walked in opposite direction. Pants were ripped from knee to crotch and he was sweating profusely. Reasonable suspicion or not?
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Reasonable suspicion--case upheld.
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Salazar v State: 5:30am officers go to burglary at apts & see small car parked outside. Defendant inside ducks down. Officer radioed colleagues. Reasonable suspicion or not?
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Reasonable suspicion--case upheld
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Worley v State: Car parked outside known drug house gave officers good hard stare. Defendant walks out .of house focused on capsules cupped in hand. Defendent sees officers, froze & stared. Officers testified he looked nervous/scared. 1 Officer approached on foot, then suspect clinched hand & turned away. Reasonable suspicion or not?
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Reasonable suspicion--case upheld
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King v State: Defendent's truck stopped in middle of road in high crime area where officer had seen many prior drug arrests. Several men stood at passenger side but ran away as officer pulled up. Officer knew this was typical drug transaction (middle of road). Reasonable suspicion or not?
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Reasonable suspicion to stop truck & briefly question defendant regarding identity, itinerary, and immediate activity.
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Davis v. State: 2 Officers in high crime area in unmarked squad, Defendant flagged them down and approached. Then recognized officers and walked away. Officers knew flag down is typical of drug dealers. Reasonable suspicion or not?
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Reasonable suspicion
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Jones v State: 1am Defendent and male walking near apts involved in recent burglaries. Male carrying lg box-like object. Officer makes U-turn and loses sight, but then spots defendent & object lying on ground nearby that was a microwave. Reasonable suspicion or not?
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Reasonable suspicion that subject was involved in a burglary and justified in making stop.
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Bailey v State: 12:15am patrolling outside 7-11 closed for construction. Unlighted high crime area with recent burglaries at construction sites in vicinity. Defendant's vehicle stopped in front of store transferring objects from one box to another on front seat. Reasonable suspicion or not?
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Reasonable suspicion for temporary detention.
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Curtis v State: 1am 2 officers see defendant's car weave 2X across white line along shoulder and lane divider in several hundred yd span. Officers have extensive experience & training in detecting drunk drivers and recognized this as signs of intoxication. Reasonable suspicion or not?
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Reasonable suspicion
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Turner v State: 3am officer sees defendant & young woman pushing bicycles out from dark area behind bar. Bar had been closed 1 hr. Reasonable suspicion or not?
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Reasonable suspicion
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Balentine v State: 2:26 am responding to shots fired call in residential low traffic area. Defendant walking 2 houses away from house where gunshots fired, brisk pace and hands in pockets. Nervous and looking over shoulder. Reasonable suspicion or not?
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Reasonable suspicion
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Hammand v State: 11pm call of Burglary overheard, officer dispatched to Disturbance on same street. Sees defendant run in front of patrol car carrying television. Reasonable suspicion or not?
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Reasonable suspicion
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Malone v State: Robbery in progress a mall at 10:45am Sun. Arrived within 6 min and sees defendant walking through parking lot 110 yds from store. Store closed till nooon. No one else in sight and subject wearing black gloves in warm Sept carrying a flashlight. Reasonable suspicion or not?
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Reasonable suspicion
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Pennywell v State: Burglary at apt complex suspect black male on foot. Officer sees defendant a black male on foot carrying lg bag capable of holding items taken in burglary. Consensual encounter initiated. Subject says he was visiting friend, but unable to remember apt #. Reasonable suspicion or not?
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Reasonable suspicion-held in patrol car while he investigated further.
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Sheffield v State: w officers see male defendant walking out of student building at very fast pace while going through a ladies wallet. Officers knew of theft in area previous day by subject fitting description. Reasonable suspicion or not?
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Reasonable suspicion
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State v Lopez: Call reporting painting equipment stolen from back of couple's truck parked in front of home. While interviewing comlaininants point out truck driving by slowly that they had seen earlier multiple times. Officer knew common for burglars to return to scene of crime if particular equipment was found to steal the first time. Reasonable suspicion or not?
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Reasonable suspicion
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Hurtado v State: Officer check license tag and sees arrest warrants associated with it. Reasonable suspicion or not?
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Reasonable suspicion?
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Information provided by someone outside the circles of law enforcment may provide sufficient justification for the stop if it carries with it sufficient indicia of reliablity. Factors that bolster the reliability of the information may include what 3 things?
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1. Reliability & reputation of tipster
2. Corroboration of details contained in the tip by independent police work 3. Extent to which any info informant provided has proved accurate or useful in the past |
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Carmouche v State; CI phones narcotics investigator , who had provided accurate info on at least 8 co-defendants in federal drug conspiracy case. CI said she and defendant (described as black male with "sleepy eyes") would drive from point A to B that eve with 10 oz of cocaine. Stated it would be a rental car of unknown description. Coordinated a stop at a specific gas station. Reasonable suspicion to stop at said gas station?
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Reasonable suspicion
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Williams v State: CI tipped deputy that ovesrized black male at a restaurant dealing crack cocaine. Said name was Brian and described clothing. CI known by deputy for 1yr as reliable. Deputy arrives at bar and sees defendant matching descrption outside. Car pulls up and he knelt down to reach into vehicle, conduct consistent with drug transaction. Unter totality of circumstances, is tip sufficiently reliable to establish reasonable suspicion for stop?
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Yes
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Reynolds v State: CI met with Houston office rin person giving ph # but not name. Gave info on defendant Larrry Reynolds, a black male driving green convertible Buick with specific license plate, whould transport crack cocaine to specific intersection soon. Officer did not see after search, but then found vehicle registered to a residence. Goes to residence and saw said Buick. Then saw black male get into vehicle and drive to said intersection. Reasonable suspicion or not?
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Reasonable suspicion because CI had given tip in person and predicted defendant's future behavior.
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Turley v State: Officer gets call from gas station clerk Angela at 3 am. Officer knew her, often stopped at station. Told officer that subject had almost hit pump while driving into parking lot & smelled of alcohol. Gave license #, and officer arrives and spots vehicle. Even though no traffic violations observed, stopped vehicle based on tip. Reasonable suspicion or not?
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Reasonable suspicion based on tip because officer knew Angela (at least first name and place of work) so she could be held accountable for false information. She also relayed info firsthand whle she called. No indication she was paid, which could decrease reliability. Description of the car was sufficiently detailed to identify immediately.
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Bilyeau v State: 2 officers a convenience store at 2am and unidentified man syas he saw woman asleep at the wheel of gold Mercedes Benz stopped a green light 4 blocks away. While talking same car observed going 10mph past location. Officers stopped though no traffic violations personally seen. Reasonable suspicion or not?
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Reasonable suspicion- Though unnamed, informant was in vehicle which dould have been used to ID him if necessary. He provided info direct and in person so officers could judge his demeanor, so more reliable than anonymous caller. Moreover, subject was in Addison known for DWI at restaurant closings. Slow speed also corroborated the tip.
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Alabama v White: Anonymous tip stated defendant with brown briefcase filled with cocaine would leave an apt and travel in brown Plymouth station wagon with broken taillight to a specific motel. Officers saw defendant, empty handed, get into vehicle and drive toward motel. Reasonable suspicion or not?
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Reasonable suspicion, as tip was partially corroborated.
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