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18 Cards in this Set
- Front
- Back
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Stop and Frisk |
4th amendment allows seizure on less than probable cause. LEO must have articulable fact giving rise to reasonable belief that criminal activity is afoot. |
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Stop and Frisk Procedure |
1. Stop = seizure --investigative detention --reasonable belief crime is afoot 2. Frisk = search --pat down for weapons --any part of body where weapon can be concealed --reasonable belief that suspect is armed and dangerous |
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Terry stop
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permissible upon suspicion of past criminal activity stop and frisk for vehicle passengers ok b/c LEO might have reasonable suspicion that someone in the car is armed. |
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Mimms Rule |
LEO can order driver/passenger out of vehicle if reasonable suspicion of danger |
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Anonymous Tip |
Not enough to warrant stop and frisk because fails to meet reliability standard. |
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Anonymous Tip from eyewitness |
Ok to create reasonable suspicion of drunk driving triggering stop because indications of reliability and not enough time to concoct a story. |
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Nervous evasive behavior |
Not enough to trigger stop and frisk by itself but combined with other factors can justify reasonable suspicion. |
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Illegal stop |
taints consent to search. Stop cannot be too long, only long enough to dispel or confirm officer suspicions Can be significant period of time if that is what it takes to dispel suspicions |
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Dog Sniff |
Can't extend stop while waiting for dog if stopped for traffic violation only. |
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Bostick Standard |
Would a reasonable person feel free to terminate the encounter? |
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Bus Search |
No requirement for officers to advise of right not to cooperate and refuse consent to search |
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Administrative Searches |
Don't require probable cause to be valid |
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Parolee Status |
makes you susceptible to searches. No expectation of privacy that society would recognize as legitimate. Completing sentence outside of direct physical custody remain in legal custody until conclusion of sentence. |
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Balancing Test |
degree intrudes on privacy vs. degree needed to promote legitimate gov't interest = reasonable of search |
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Consent search |
voluntariness evaluated by totality of circumstances. Can be withdrawn. |
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Scope of consent |
objective reasonableness - what would the typical reasonable person have understood by the exchange b/n the office and suspect? |
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Failure to provide consent to search |
NOT probable cause |
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Co-occupant consent |
Can't accept consent from one occupant when another refuses. Can wait until potential objector leaves and then obtain consent from remaining occupant. |
