Arrest, Search & Seizure
Terms in this set (40)
intent, authority, custody, knowledge
what are the 4 elements of arrest?
a hunch or the feeling of intuition. Gut feeling.
probable cause to search
this type of probable cause exists when "the facts and circumstances within an officers' knowledge warrants him with reasonable caution to belief that sizable property would be found in a particular place or on a particular person."
probable cause to arrest
this type of probable cause exists where "the facts and circumstances within the officers' knowledge led him to belief that an offense has been or is being committed."
totality of the circumstances
the court will examine ______________ to determine if there was sufficient facts and circumstances present to satisfy the 4th amendment
sufficient articuable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot.
"holding of a person for a limited time" who has not yet answered to a criminal offense.
true or false: a pat down/frisk is NOT a fishing expedition
an examination or inspection of a location, vehicle or person for the purpose of locating objects or substances believed to relate to criminal activity.
anything to be offered in court to prove the truth of facts at issues in a case
fruits of the crime
tools of a crime
contraband mere evidence
what are some tools of evidence?
what type of warrant is issued based upon probable cause?
a person placed upon ____________ may be searched including the area immediately around the person can be searched.
False: they can
true or false: officer's cannot search an open field.
Terry vs. Ohio
which case law deals with stop and frisk doctrine?
the area of open space surrounding a dwelling immediately adjacent to the dwelling that is considered part of the house
curtilage surrounding a dwelling ends
where does an open field begin?
what type of property is subject to search without a warrant?
discarded, left behind, relinquished interest in property so that there is no longer a reasonable expectation of privacy with regard to it is called?
a peace officer may enter a residence without a warrant if either of the following occur:
-there is an emergency requiring immediate medical/police assistance
-immediate destruction of evidence
-presence of dangerous weapons
if (1) the officer was lawfully present to see; or (2) it was immediately apparent to the officer that contraband is connected with criminal activity, then the officer can say these circumstances were in?
the purpose of this rule is to deter police misconduct.
any evidence that was obtained that violates a person's constitutional rights cannot in which that particular evidence cannot be used against the defendant in a criminal prosecution is called?
fruit of the poisonous tree doctrine
this doctrine is an extension of the exclusionary rule in which it applies to evidence indirectly obtained.
Miranda v. Arizona (AZ)
which case deals with a criminal defendant's right against self-incrimination?
Brown v. Texas (TX)
a person not detained nor under arrest is not required to identify themselves when encountered by an officer follows what Texas statute?
chimel v. California (CA)
Incident to a lawful arrest, a search of any area beyond the arrestee's immediate control, is unlawful under the Fourth Amendment of the United States Constitution ("Constitution"), unless there is a clear danger that evidence may be destroyed or concealed or there is an imminent threat of harm to the arresting officers. Any search in an arrestee's home beyond arrestee's person and the area within his immediate control is unreasonable under the Fourth Amendment of the Constitution.
Mapp v. Ohio (OH)
All evidence discovered as a result of a search and seizure conducted in violation of the Fourth Amendment of the United States Constitution ("Constitution") shall be inadmissible in State court proceedings.
Arizona (AZ) v. Gant
This case law established that the search of an occupant's vehicle subsequent to their arrest is permissible when:
Arrestee is not confined and the passenger compartment is within their immediate reach zone, or
Officer reasonably believes that evidence of the crime for which the occupant was arrested is in the vehicle.
this type of suspicion is insufficient proof of any fact in a court of law
a peace officer's purpose or intention to take a person into the custody of the law
this means the officer is authorized by law to make an arrest and the arrest is supported by probable cause
the person arrested is taken into ___________ either by physical force or by submission to assertion of authority
by the person to be arrested of the officer's intention to arrest
the probable cause test is an _________ one meaning that, for there to be probable cause, the facts must be such as would warrant a belief by a reasonable man
knock and announce
peace officer's are required to do this before entering premises to execute a search warrant.
this doctrine holds that a warrantless search of a readily mobile motor vehicle by an officer who has probable cause to believe that the vehicle contains incriminating items subject to seizure is not unreasonable under the 4th amendment
In re Gault
which case deals with a defendant's right to legal counsel, even if minors?
Duran v. City of Douglas, AZ
which of the following cases concerns the 1st amendment right to free speech?
indefinitely until served or withdrawn by a magistrate
an arrest warrant is valid when?