Term
| Unreasonable force- rochin |
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Definition
| low level dealer and police pump stomach for drugs (make him throw up) |
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Term
| Reasonable force- chember |
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Definition
| non violence methods of obtaining evidence>Ex. like obtaing blood alcohol test held by a physican personel |
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Term
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Definition
| as a judge balance- balance how much the police intrude in the evidence |
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Term
| How much deadly force- garner |
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Definition
| jusify deadly force to prevent a suspect- he must show great threat to someone |
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Term
| How much non-deadly force- graham |
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Definition
Graham v. Corner
unreasonable= has diabetes and needs his meds |
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Term
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Definition
| need a warrant from a neutral judge or magistrate from the county |
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Term
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Definition
| Magistrate or judge has to be from the county- must be detached from the investigation ex. judges family |
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Term
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Definition
| they can be served on anyone but needs probable cause |
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Term
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Definition
| credibility on the line- probable cause- based of the evidence-witnesses number based on one anymous witness you colaborated |
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Term
| intentional mistake - franks |
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Definition
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Term
| unintentional good faith mistake- garrison |
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Definition
| you have a hearing/ to see if it was intetional or unintentional |
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Term
| mechanics (execution)- banks |
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Definition
| knock notice & wait to give an opportunity of corporation |
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Term
| Exceptions of knock,notice and wait- wilson |
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Definition
| hot pursuit, danger of physical violenve, physical evidence being destroyed |
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Term
| protective sweep -richards |
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Definition
| for safety do protective sweep- search anywhere anyone can be- basement closets |
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Term
| detention/search of persons- ybarra |
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Definition
| you can detain anyone under the premises- need reasonable suspicion for a pat down search- any fact you can poit out oo that here is danger is a reason for a patdown search. can go anywheere the evidence can be found. |
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Term
| warrants inapplicable-thomposon & mincey & stuar |
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Definition
| privacy expectations- you need a warrant when you dont live by yourself |
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Term
| administrative warrants -burger |
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Definition
| for most businesses need warrantsbut not certain businesses such ass junkyards, restaraunts, regulated businesses |
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Term
| who may accompany the police |
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Definition
| police officers and nessesarry people (for) evidence |
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Term
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Definition
| dont need a reason to follow anyone |
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Term
| what is a stop- chesternaut |
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Definition
| you can follow the suspect and if he throws out a drug now you have rs to detain him and pc to arrest him |
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Term
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Definition
| big fist fight- take evidence from inside the house. donot need a warrant for violent circumstance and plain view evidence of he fight |
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Term
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Definition
| 3 guys standing suspricious; think there about to rob the place and can detain them |
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Term
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Definition
| look suspicious- arest them for not identifying themselves |
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Term
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Definition
| proposition reliable info can be used for rs |
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Term
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Definition
| proposition if you have anymous tip you have to collaborate- have to know the caller/ watch the suspect/ if he is nervous or has a bulge in his pocket nad his actions |
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Term
| lenth of detention- sharpe |
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Definition
| alo of weight in the car- 20 min detained- smells marijuana and turns into pc |
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Term
| length of detention- place |
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Definition
| airplane- detain at the second airport where he landed- search his bags- 90 min wait- unreasonable |
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Term
| when aperson may be searched- scope of search |
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Definition
| for safety need reasonab;e suspicion=outer clothing-just for safety-hostile,bulge,funny actions by his hands |
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Term
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Definition
| intensive seizure dont fall under plain view |
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Term
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Definition
| pat down search- anywhere to exclude weapons-pat down search allows you to go anywhere to ge a weapon if there is any contraband it relies under thr plain view doctrine- allows you to retrive contraband if is only idenifiable |
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Term
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Definition
| automatically make the driver to get out the car |
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Term
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Definition
| passaengers you can order them to get out off the car- no violation (for safety) |
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Term
| speical situations- hayes |
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Definition
| had no pc to arrest him took him to the station for finger print. not reasonable. you need pc to arrest anyone or take to the stations.( only with consent) |
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Term
| special situations- oconnor case |
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Definition
| misconduct relation to work |
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Term
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Definition
| need reasonable suspicion that you commited a crime in order to search you at school |
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Term
| special situation- redding |
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Definition
| reasonable suspicion for reasonable search |
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Term
| arrest in public places for felonies- whren |
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Definition
| need pc to arrest- pretext stop and found drugs- just as long ass they commited a traffic vilation you can arrest if you find contraband |
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Term
| arrest in public places for felonies- smith |
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Definition
| can notfet in the bag with physical force-as soon as you grab his hand or arm you seized him/ her |
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Term
| arrest in residences-payton |
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Definition
| no matter how dangerous the guy is you need an arrest warrant if he is in his house |
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Term
| arrest in residences- steagald |
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Definition
| you need a search warrant and arrest warrant = to seach & arrest |
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Term
| arrest warrant exceptions- santana |
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Definition
| sells drugs in a public place you need no warrantt even if he goes inside the house you need no warrant |
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Term
| scope of search after arrest |
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Definition
| you can arrest then search if you know for sure they have contraband |
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Term
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Definition
| police violate the rights of chimel only has arrest warrant- they need a search warrant unless with consent |
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Term
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Definition
| lose rights to any of your items in jail |
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Term
| probable cause hearings- mcloughlin |
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Definition
| judge has to read the report |
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Term
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Definition
| motor homes are treated like vechiles so no warrants are required unless completly inmobile |
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Term
| searches incident to temporary detentions |
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Definition
| any suspicion that he is comminting a crime |
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Term
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Definition
| DUI suspected of a crime- sees knife -pc to arrest him |
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Term
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Definition
| vin number- rigt to go passanger compartment- if there is contraband or gun- is under plain view |
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Term
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Definition
| murder-cliff- no warrant for external invetigations of a car- plain view- unless the car is moved |
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Term
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Definition
| routine inventory search is ok- no dismantaling car |
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Term
| 3 reason why there is a right automatic search - |
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Definition
-protect ownw\wrs stuff
- protect the police form being accude of stealing
-protect police n public of dangerous objects |
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Term
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Definition
| tthey have no pc to search |
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Term
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Definition
legally in the premises
legal reson to be in the house |
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Term
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Definition
| if you move something is no onger plain view/ need consent |
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Term
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Definition
| squeezing is no longer plain view |
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Term
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Definition
| you can not put a thermal in someones house for pc |
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Term
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Definition
| give up expectations when you remove your roof- is now plain view |
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Term
| abandon property- greenwood |
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Definition
| trash is abandoned no pc or rs |
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Term
| consent searches or voluntary consent- drayton |
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Definition
| police does not have to inform you to say no to consent |
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Term
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Definition
| someone with authority ex dad |
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Term
| rodriguez- who can consent |
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Definition
| the momnet you move out the house you no longer have consent |
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Term
| scope of search- randolph |
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Definition
| one person says yes and other no- one cant take the whole consent |
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Term
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Definition
| student atheletes- public safety |
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Term
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Definition
| over hearing ppl talk- no search warrant |
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Term
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Definition
| police can put a gps without a warrant |
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Term
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Definition
investigation of tittle 3 crime
showing that normal investigative techniques will not work
pc to belive the tapped converations will produce the desired evidence
stradegy for minimizing intruasion on unrelated conversation |
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Term
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Definition
| only certain crimes murder, aggravated kidnapping,narcotic,attempted murder |
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Term
| california penal code section 632: recording confidential communication |
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Definition
can not secretly recor conversations if its not confidential you can record
- golden tool for law enorcement |
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Term
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Definition
| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
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Term
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Definition
| A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. |
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Term
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Definition
| The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Term
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Definition
| No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
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Term
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Definition
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. |
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Term
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Definition
| Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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Term
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Definition
| Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
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