Arrest, Search and Seizure & Consular Notification

Define restraint

is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right

What is frisk, best way to describe it?

A "pat down" of the outer clothing of a person whom you have stopped

To protect the safety of the officer... looking for weapons

What is reasonable fear as it relates to justification for a frisk?

Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death.

The officer must articulate the facts, observations, and information known at that particular point in time with regards to that particular person that led the officer to believe that the frisk was necessary to insure the officer’s safety and the safety of others.

A citizen has the legal authority to make an arrest for an offense committed within his view when:

it is a felony OR breach of the public peace (against the public peace)

What is mere suspicion?

A hunch or the feeling of intuition

A peace officer generally cannot arrest without a warrant:

unless offense is committed in his presence or within his view for any offense

A peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or view of a ____________ and such person verbally orders the arrest of the offender.

A peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or view of a MAGISTRATE and such person verbally orders the arrest of the offender.

The 5th amendment protects against what? ______ ___________________

self-incrimination

A peace officer or any other person, may arrest an offender without a warrant, when the offense is committed in their presence or view and is ____________

A peace officer or any other person, may arrest an offender without a warrant, when the offense is committed in their presence or view and is a felony or against the public peace

A peace office or any other person, may arrest "an out of state fugitive" without a warrant, when:

they are in fresh pursuit of a felony offense

that person is charged with a crime punishable by imprisonment for a term exceeding one year or by death

When may a peace officer arrest someone for violation of a protective order?

when he has PC of the violation... he SHALL arrest if violation of protective order is committed in his view/presence

A person found in suspicious place under suspicious circumstances which reasonably shows that they are about to commit an offense against the law may: ____ ____________

A person found in suspicious place under suspicious circumstances which reasonably shows that they are about to commit an offense against the law may arrest without a warrant

Define arrest

when he has been actually placed under restraint or taken into custody by an officer

A person who is temporarily detained _______ ________ required to identify himself

A person who is temporarily detained IS NOT required to identify himself

What is an incidental search?

search incidental to arrest... you have searched someone after they have been arrested

What does an arrest warrant provide?

names, identifiers, offense, fine, bond, judge, seal

At the moment of arrest, _______ _________ cease to build

At the moment of arrest, PROBABLY CAUSE cease to build

Define search

An examination or inspection of a location, vehicle, or person by a law enforcement officer for the purpose of locating objects or substances relating to or believed to relate to criminal activity

What are search warrants and arrest warrants based on?

probable cause affidavit

Article 38.22

when statements may be used (written statement by an accused)

Chimel vs. California

Searched a home after an arrest was made outside the premise. Denied entry. No search warrant was issued for the home. Bad search.

What are the different types of interactions between peace officers and civilians?

- consensual encounters

-investigatory stops/detentions

-arrests

What documentation is needed for consular notification?

Date, time, method of notification, person notified, detainees decision

Following an arrest, an officer may only search what area of the offenders home?

the area immediately around the person

What is temporary detention?

Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense.

If a _________ come into the state under an order directing him to attend and testify in this state, he shall not be subject to arrest of the service of process in connection with matters which arose before his entrance into this under the order.

If a WITNESS come into the state under an order directing him to attend and testify in this state, he shall not be subject to arrest of the service of process in connection with matters which arose before his entrance into this under the order.

If a consensual encounter leads to an arrest, a peace officer must be able to articulate sufficient facts and circumstances to establish __________ ____________ to support the detention, arrest and search

If a consensual encounter leads to an arrest, a peace officer must be able to articulate sufficient facts and circumstances to establish PROBABLE CAUSE to support the detention, arrest and search

Cormer v. State

abandoned property

Illinois v. Gates

totality of the circumstances

Terry v. Ohio

stop and frisk

State v. Daughtery

fruits of the poisonous tree

US v. Carroll

pc to search

When may a peace officer break down a door?

In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose

In order to frisk a stopped suspect, an officer must reasonably believe that a suspect is ____________.

In order to frisk a stopped suspect, an officer must reasonably believe that a suspect is:

Permitted anytime an officer is in contact with another person and can articulate reasons that he feared for his safety; whenever an officer has reason to believe another has a weapon on or about his person that can be used to cause injury or death

In regards to consular notification, a Right to Privacy ______________________.

In regards to consular notification, a Right to Privacy mandatory notification does not apply

When may a person be searched?

-consent

-areas with NO expectation of privacy

-search incident to arrest

-exigent circumstances

Most bilateral treaties allow a maximum of _______ hours to make consular notification

Most bilateral treaties allow a maximum of 72 hours to make consular notification

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Define consent regarding a search

a waiver of constitutional rights

Once a person in custody has been read the Miranda Warning and has requested an attorney, the interrogation must cease until an attorney is present or there is a __________ in custody.

Once a person in custody has been read the Miranda Warning and has requested an attorney, the interrogation must cease until an attorney is present or there is a 14 day break in custody

What sense of a human can be used to establish probable cause?

sight, smell, hearing, touch

Shoplifters may be arrested by whom?

anyone

Define reasonable suspicion

More than a hunch or mere suspicion. Like Probable Cause, based on facts and circumstances known to the officer but do not yet rise to the level of linking a crime to the suspicious behavior. Used as a level of knowledge to lawfully detain or frisk a person but not arrest or search

Reasonable Suspicion has been defined by the court as sufficient articulable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot

What is plain view doctrine?

Has two prerequisites:

1. The officer must be lawfully present to see what they see, and;

2. It must be immediately apparent to the officer that what they see is contraband or somehow connected with criminal activity

What is the Fruit of the Poisonous Tree Doctrine?

It excludes evidence found indirectly as a result of a constitutional violation

The CCP states that peace officers making arrest shall take the person arrested before a magistrate _________________________.

The CCP states that peace officers making arrest shall take the person arrested before a magistrate without unnecessary delay, no later than 48 hours

What does the 4th Amendment protect?

unreasonable searches and seizures

What does the 5th amendment protect?

self incrimination and double jeopardy

What is the Carroll Doctrine?

No warrant needed for searching a vehicle if probable cause exists... coupled with exigent circumstances that the vehicle could be removed from the area before a warrant could be issued

The courts will examine ___________ ___________ ______________ surrounding a seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the 4th amendment

The courts will examine TOTALITY OF THE CIRCUMSTANCES surrounding a seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the 4th amendment

Define curtilage

Curtilage is generally considered to be that area of open space surrounding a dwelling which is so immediately adjacent to the dwelling that it is considered part of the house

Miranda v. Arizona

Miranda warnings... inform arrestee of their 5th amendment

Who does the right to consular notification apply to?

a non-us citizen who is being arrested or detained... foreign detainees

What is the sole justification for the frisk search?

frisk for weapons... for officer safety with reasonable suspicion

The temporary seizure of a person for investigation based on an officer's reasonable suspicion?

Investigatory stops/detention

To justify seizure of a person to prevent the consequences of theft, there must be __________ ____________ to support the fact property was stolen.

To justify seizure of a person to prevent the consequences of theft, there must be reasonable grounds/PC to support the fact property was stolen

Why are vehicle inventories conducted?

An inventory is an administrative, caretaking procedure designed to prevent false claims of lost or damaged property being made against a police department and to safeguard the police and others from potential danger

Where a peace officer has established that suspicious circumstances exist, he may:

arrest without warrant

What elements are needed for a temporary detention?

reasonable suspicion

What are examples of exigency to enter into a residence without consent

imminent destruction of evidence, dangerous weapons, community caretaking doctrine, serious injuries,

Horton v. California

Fourth Amendment does not prohibit seizure of belongings not specifically listed in a warrant if items are in plain view and are found during a legal search for legal items

What are the elements of a lawful arrest?

-intent

-authority

-actual seizure

-understanding

What are some reasons for conducting a consular notification

to ensure that foreign nationals are not placed in a situation in which they can't receive assistance from their own government

List the requirements that must be met under CCP 14.04 concerning warrantless arrests:

shown by satisfactory proof to a peace officer upon the representation of a credible person that a felony has been committed and that the offender is about to escape so that there is no time to get a warrant you can pursue and arrest

Can a peace officer detain someone using only mere suspicion?

no

Define constructive custody

The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.

Define abandonment

- abandonment is the intent of the person leaving behind or discarding the property.

- if the intent of the person was to relinquish all title, possession, or claim to that property, it will be deemed abandoned and subject to search without a warrant