It is the command of the _____ Amendment that no warrants shall either for searches or arrest be issued except for _____ _____.
4th, probable cause (Henry v US 1959)
What are three elements of an arrest?
- Intent. intent of officer to take the person into custody2. Authority. real or assumed authority of the arresting officer3. Custody. person arrested must come within custody and control of the law
In Michigan v Chesternut (1988), SCOTUS said that police can be said to have seized an individual “only if, in view of the circumstances surrounding the incident, a reasonable person would have believed..” what?
he was not free to leave
What are seven requirements of a valid search warrant?
- supported by probable cause2. supported by oath or affirmation3. person to be seized must be particularly described4. state nature of offense5. must designate officer or class of officers directed to comply6. must be names in US or a particular State7. must be issued and signed by a neutral and detached judge
Illinois v Gates in 1983 established the “_____ __ __ _____” approach for a magistrate to issue a warrant.
totality of the circumstances
What are six requirements relating to the execution of a warrant?
- must be specifically named or come within the class designated in the warrant2. must be executed within jurisdictional limits3. arresting officer should make his purpose known4. must show warrant or advise arrestee of the warrant5. must have reason to believe the suspect is present in the home6. absent exigent circumstances, an arrest warrant cannot be executed in the home of a 3rd party
A warrant issued in one state may serve ______ as a basis for an arrest in another state.
indirectly
An out-of-state warrant may serve as the basis for for issuing a _____ warrant in another state.
fugitive
In _____ v _____, a federal court commented that an arrest warrant founded on PC implicitly carries with it the limited authority to enter the dwelling in which the suspect lives when there is reason to believe that the suspect is within.
Smith v Tolley (1997)
In _____ v _____, SCOTUS held that absent exigent circumstances or consent, police may not enter the home of a suspect or a 3rd party to make a routine felony arrest without an arrest warrant.
Payton v New York (1980)
In Minnesota v Olson (1990), SCOTUS observed that what elements can constitute exigent circumstances for warrantless intrusion?
- hot pursuit of a fleeing felon2. imminent destruction of evidence or prevent a suspect’s escape3. risk of danger to police or others inside or outside of building
In 1991, in County of Riverside v McLaughlin, SCOTUS determined that a probable cause hearing must be held within ___ hours of the arrest.
48 hours
A PC determination may be delayed past 48 hours, but burden is upon the government to show what?
emergency or extraordinary circumstances existed
Many states have adopted the _____ _____ _____ ___ permitting LEOs from other states to enter their state in fresh pursuit to make an arrest.
Uniform Fresh Pursuit Act
Officers may not enter the home of a third party to serve an arrest warrant unless one of three conditions exist. What are those conditions?
- search warrant2. consent3. exigent circumstances
