_____ _____: is specific, articulable facts combined with the rational inferences from these facts, and taken in light of an officer’s training and experience, that leads an officer to believe criminal activity is occurring or has just occurred.
Reasonable Suspicion
What are the two requirements needed to frisk search a subject?
- The suspect must be lawfully detained during an investigative detention, based upon reasonable suspicion that criminal activity is afoot.
- The officer must have reasonable belief that the suspect is armed and dangerous. This belief can be based on a variety of factors (i.e. Suspect involved in a crime that involved a weapon, Information from citizens, The type of area the suspect is in, bulges in clothing, and behavioral indicators).
After meeting the two requirements for a Terry Frisk, what is scope of the “limited search”?
Characterized by a two part process:
- The officer is entitled to pat down the exterior of the clothing of a suspect, and;
- If the officer feels an object that could be a weapon, he may intrude the clothing and seize the object.
What Supreme Court case is based on the decision; An officer can briefly detain a person, based upon reasonable suspicion of criminal activity, long enough to dispel the suspicion or to allow it to rise to the level of probable cause for an arrest. The officer is also permitted to do a limited “frisk” search of the person without a warrant. Before the officer can frisk search the subject, he must:
- Have articulable facts that the person could be armed with a weapon.
- Limit the search to pat searching the outer garments of the suspect to feel for objects that might be weapons.
- Only reach inside the clothing after feeling such objects.
Terry v. Ohio, 392 US 1(1968)
What Supreme Court case is based on the decision; The use of deadly force to stop a fleeing felon is not justified unless it is necessary to prevent the escape, and it complies with the following requirements. The officer has to have 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, 471 U.S. 1 (1985)
What Supreme Court case is based on the decision; established an irrebuttable presumption that a statement is involuntary if made during a custodial interrogation without the “______ Warnings” given. The warning requirements only apply when a person is in custody and interrogated. In this case, “custody” is an arrest or when freedom is significantly deprived to be equivalent to an arrest. “Interrogation” is the use of words or actions to elicit an incriminating response from an average person.
Miranda v. Arizona, 384 U.S. 436 (1966)
What Supreme Court case is based on the decision: Police may conduct a warrantless search of a vehicle stopped on traffic if there is probable cause to believe that the vehicle contains contraband or evidence.
Carroll v. U.S., 267 U.S. 132 (1925)
What Supreme Court decision is based on the application of the “exclusionary rule” to the states. Any evidence illegally obtained by the government cannot be used in court against the accused.
Mapp v. Ohio, 367 U.S. 643 (1961)
What are the exceptions to the Fourth Amendment warrant requirement? (13)
- Exigent circumstances
- Stop and frisk
- Incident to arrest
- Custodial searches
- Plain view
- vehicle
- Border search
- Open fields
- Abandoned property
- Consent
- Administrative
- Probation search
- Protective sweep
What Supreme Court decision stated that officers can no longer do an automatic search of the vehicle incident to arrest on every traffic stop regardless of the arrest circumstances. There are two parts to this decision. The first part deals with a search of the vehicle for weapons as an officer’s safety issue. The second is a search for evidence or contraband. Without articuable reason(s) that person(s) can access weapons inside the vehicle or reasonable suspicion that contraband is inside the vehicle, a warrantless search of the vehicle is not authorized.
Arizona v. Gant, 000 U.S. 07-542 (2009)
What Supreme Court decision upheld an inventory search of an impounded vehicle exception to the warrant requirrment, stating the inventory was to;
- Protect the law enforcement officer and the agency from false claims of lost/stolen property from the vehicle that was towed;
- Protect the person who owns the vehicle from having their property lost or stolen; and,
- Protect law enforcement from danger from items in the vehicle.
South Dakota v. Opperman
What Supreme Court decision set aside the standard for determining the excessive use of force as established in the 1973 case of Johnson v. Glick, 481 F.2d 1028 (2nd Cir. 1973). If the use of force violates the 4th Amendment of the U.S. Constitution, then the standards listed in this Amendment will be used.”All claims that law enforcement officials have used excessive force - deadly or not - in the course of an arrest, investigatory stop, or other “seizure” of a free citizen are properly analyzed under the Fourth Amendment’s ‘objective reasonableness’ standard, rather than under a substantive due process standard.” In other words, was the decision of the officer reasonable based on the information he had at the time.
The case further dictates that the arrest must be reasonably proportionate to the need of force as measured by:
•The severity of the crime.
•The danger to the officer.
•And, the risk of flight.
Graham v. Connor, 490 U.S. 386 (1989)
What Supreme Court decision stated that taking a K-9 onto the porch of the defendant’s home to sniff for drugs inside is a search and requires consent or a search warrant. The officer entered into the curtilage for evidence gathering purposes in violation of the defendant’s Constitutionally protected 4th Amendment rights.
Florida v. Jardines, No. 11–564 (2013)
