Equal Protection Clause and Criminal Justice Process

Equal Protection clause

Guarantees that no state will deny to any person within its jurisdiction the equal protection of the laws

Probable cause

Standard of proof required to make an arrest; facts sufficient to lead a reasonable officer to believe a crime has been committed and the person arrested has committed it

Gerstein hearing

Judicial determination of probable cause within 48 hours of arrest

Arraignment

Court appearance where the defendant is formally charged and enters a plea

Bail

Temporary release of an accused person awaiting trial, sometimes with a financial guarantee

Preliminary hearing

Court hearing to determine if there is enough evidence to require a trial

Convictions

Findings of guilt in a criminal case

Plea

Defendant's formal response to a criminal charge (guilty, not guilty, no contest)

Direct appeals

Appeals made immediately after a conviction

Habeas corpus

Legal action through which a person can report an unlawful detention or imprisonment

Incorporation

Process of applying the Bill of Rights to the states through the 14th Amendment

U.S. v. Armstrong

Case involving a selective prosecution claim based on the Equal Protection clause

Discovery

Process of obtaining evidence from the opposing party in a legal case

Arrest

Occurs when the totality of circumstances would lead a reasonable person to believe they are under arrest

Lippman

Defines circumstances constituting an arrest

Warrant

Judicial authorization for an arrest or search based on probable cause

Exigent circumstances

Urgent situations justifying a warrantless arrest or search

Atwater v. Lago Vista

Case affirming the lawful arrest of individuals for low-level misdemeanors not punishable by jail

Use of force

Physical coercion by law enforcement during an arrest

Reasonable Person

Someone who would know they are detained when handcuffed, restrained by force, or involuntarily taken to the police station.

Mere-touch Rule

A seizure occurs when police make physical contact with the intent to restrain, including contact by a weapon.

Deadly Force

Permitted only if probable cause to believe the suspect presents an immediate threat of serious harm, as per Tennessee v. Garner.

Non-Deadly Force

Constitutional only if objectively reasonable in light of the surrounding circumstances, as per Graham v. Connor.

Chokeholds and Neck Restraints

Have resulted in high-profile deaths, such as Eric Garner and George Floyd.

Investigative (Terry) Stop and Frisks

Permitted for a brief investigatory stop based on reasonable suspicion, as per Terry v. Ohio.

Hodari Rule

No arrest of a fleeing suspect by show of authority until actual physical restraint; requires probable cause or reasonable suspicion.

Reasonable Suspicion

Requires articulable and particularized suspicion, based on probabilities more than certainties.

Scope of Terry's Stop

Supposed to serve only a narrow investigative purpose and must be temporary, as per SCOTUS.

Length of Detention

Officers are permitted to detain individuals only as long as justified by reasonable suspicion.

Intrusiveness

More significant intrusions will transform the stop into an arrest, which must be justified by probable cause.

Terry on Frisks

An officer is permitted to conduct a frisk if there is a reasonable belief that the individual is armed and dangerous.

Factors Cited to Justify Frisks

Include bulge in pocket, suspect reaching into a pocket, suspect's movements, gang clothing/tattoos, and reasonable suspicion of serious or violent crimes.

Traffic Stops

Treated like Terry stops and require reasonable suspicion; officers can conduct a frisk if they have a reasonable belief that suspects are armed and dangerous.

NYPD Stop and Frisk Policy

Unconstitutionally targeted people of color, with a high percentage of innocent individuals stopped.

Search Warrant

Judicial determination based on probable cause, stating precisely the place to be searched and items to be seized.

Geofence Warrants

Requests location data of all devices in a specific area at a specific time, involving three steps for execution.

Scope of the Search

Determined by the items to be seized, allowing police to lawfully search in any area where they might find the items.

Plain View Doctrine

Allows police to seize any evidence or contraband found during a lawful search, not limited to warrant searches.

Warrant Exceptions

Include frisks, searches incident to arrest, consent searches, automobile searches based on probable cause, exigent circumstances, and special needs.

Chimel v. CA

Permits a warrantless search of the arrestee's person and areas within the arrestee's immediate control.

Fingerprints

Permissible as part of a search incident to arrest, as per legal standards.

Saliva DNA Sample

Permissible as part of a search incident to arrest, as per legal standards.

Riley v. CA

A landmark case regarding the search and seizure of digital information from cell phones.