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Criminal Procedure2
Criminal Procedure test 2 ch6
| Question | Answer |
|---|---|
| Arrest | Consitutes a "seizure" of a person so the restiction of the 4th admendment defined as taking a person into custody against his/her will for the purpose of criminal or interrogation |
| Florida v. Bostick (1991) | p/o boarded bus w/ out suspicion asked for consent, told he could refuse, cocaine found, he claimed mere presnt on bus was improper seizure, court disagreed |
| elements of arrest (1st) | Seizure and Detention mere word alone do not constitue of arrest must have actual seizure, peacful submission to the officer's will control (constructive seizure) Cali v Hodari |
| Elements of arrest (2nd) | Intention to arrest Indicated by words or actions that you plan to take person in to custody Intention to arrest usually presumed when place handcuffs on someone Berkemer v. McCarty |
| Elements of arrest (3rd) | arrest authority ( to make arrest valid must have authority) jurisdiction on/off duty exception to arrest when a warrant is present Frisbe v Collins U.S. v Alverez-Mchanin |
| Elements of arrest (4rd) | Understanding by person being arrested elements is not required when: suspect is intoxicated, mentally ill, not conscious |
| Active / Constructive seizure | without any physical touching, grabbing, holding, or use of force; submits to the officer's will and control |
| California v. Hodari (1991) | 1st officer's approach 5 youth around a car, fled, foot chase, dropped cocaine when did seizure occur, when tackled him cocaine admissible |
| Berkemer v. McCarty (1984) | 2nd test to determine intention to arrest is the understood by a reasonable person , regardless of what officer's had in mind even if officer didnt intend to arrest, if reasonable man would conclude arrest had occured |
| Warrant Arrests | 5% crime is not commited in the offier's presence in a private residence no reason for immediate arrest in home entries for minor offenses service w/in state service outside state hot pursuit exception detain for extradition |
| Knock/Announce Rule | knock and announce thier presence before entering a house to serve a warrant |
| Knock/Announce Rule Exceptions | 1. when annoucing presents a strong threat of violence/danger to officer 2. Dnager that contraband or toher propery sought might be destroyed 3. person w/in the premises are in imminent peril of bodily harm |
| Knock/Announce Rule Exceptions | 4. engaged in process of destroying evidence or escaping b/c aware of police presence 5. when a person to be arrested is in process of commiting a crime |
| Warrantless Arrests | 95% arrest felones if p/c exist felonies/misdemeanors committed in presence of officers crimes committed in public palce exigent circumstances are present danger to the arresting officer |
| Atwater v. City of Lago Vista (2001) | 4th admendment does not forbid a warrantless arrest for minor criminal offense punishable only by a fine |
| Searches Incident to Arrest | search the arrested person search the arrest of immediate control search passenger/ compartment of motor vehicle conduct a protective sweep if justified |
| US v. Robinson (1973) | search the arrested person regardless of the offense custodial arrest of a suspect based on P/C protection of officer prevent the destruction of evidence prevent escape |
| Chimel v California | search area of immediate control after arrest police may search the area from which the suspect may have weapon or destory evidence arm length |
| New York v. Belton (1981) | search passenger compartment of motor vehicle when lawful arrest is made, does not include trunk |
| Maryland v. Buie | warrantless protective sweep, justified look at other rooms other than where the arrest took place |
| Arizona v. Johnson (2009) |
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768997619
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