Shared Flashcard Set

Details

G.O. Search & Seizure
Case Law
28
Criminal Justice
Professional
03/04/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Pennsylvania v. Mimms
Definition
Able to order driver from vehicle.
Term
Michigan v. Long
Definition

Protective frisk for weapons beyond the person to the passenger comparent of vehicle of the area in the immediate span of control of the suspect

Term
Carroll v U.S.
Definition
Warrant less search of a vehicle due to mobility & destruction of evidence
Term

 Mendenhall v U.S.

Definition

Defines a seizure of a person under the 4th amendment

  1. Would a resonable person believe they are free to leave in view of the circumstances

* Number of officers, display of weapons, physical restraint or touch, specific language or tone of voice indicating require to comply.

      

Term
HOFFA v. U.S.
Definition
Felony arrest may be delayed & you are not required to make a felony arrest as soon as you meet the threhold of P.C.
Term
Florida v. Royer
Definition
Consensual encounter subject may walk
Term
U.S. v. Hansley
Definition
BOLO justifies a stop to check ID or detain the person while you obtain further 14
Term
Terry Stop
Definition
Facts and Circumstances indicating that a crime is being or has been committed. Allows for an outer pat down of clothing for weapons only.
Term
Warrantless Searches of a Vehicle
Definition

Exigent Circumstances

Probable Cause

Consent

Abandonment

Inventory

South Dakota v opperman

Plainview

Harris v US Search incident to arrest (gant v Arizona)
Term
Steagald v U.S.
Definition

Third party entrance-

Court ruled that w/o exigent circumstances or consent, an arrest warrant does not allow you to enter third person home to search for person named on arrest warrant.

Term
Payton v. New York
Definition
w/o exigent circumstances LEO cannot enter into suspects home in order to make routine felony arrest.
Term
U.S. v Santana
Definition
Hot Pursuit which allows you to enter into a residence which you saw the supect enter
Term
Minnesota vs Dickerson
Definition
Plain feel doctrine
"immediatly apparent" under clothes
Term
Gramam v Conner
Definition
LEO can only use the amount of force reasonably necessary to overcome resistance
Term
Tennessee v Garner
Definition
"use of DEADLY force" to prevent escape of all felons is unreasonable
Term
Brineger vs US
Definition
PC- Facts and circumstances w/in an officers knowledge are sufficent in themselves to believe an offense has occurred
Term
Probable Cause
Definition
facts & circumstances w/in the officers knowledge along w/ trust worthy info giving a belief that a crime has been or is going to happen
Term
US vs Ross
Definition
Allowable scope of search for vehicles- justifies the search of the vehicle and its contents that may conceal the object of the search
Term
State vs Fisher
Definition
Open view- based on the totality of the circumstance, experience and training.
Term
Chimel v Cali
Definition
when 10-15 made officer may search person to remove weapons. warrantless search is permissible
Term
Search Warrant body
Definition
Residence location, Jurisdiction(palm Beach), Subject(suspect), PC, What im looking for(drugs), whos going to be looking for it(whom ever i believe i need)
Term
Arizone v Gant
Definition
Search incident to Arrest
Term
Harris v US
Definition
Plain View Doctrine
Term
South Dakota v Opperman
Definition
Inventory Search
Term
Flowers v State
Definition
Past reliable CI information, totality of the circumstances which LEO corrborates
Term
Boyd v State
Definition
untested CI's can be used due to strength in numbers also corrborated information
Term
Types of Informants the Law Recognizes
Definition
Cofidential Informants (LEO CI)
Citizen Informatant (most reliable)
anonymous informant (least Reliable)
Term
Illinois v. Gates
Definition
How courts evaluate CI's reliability
Supporting users have an ad free experience!