01 Fourth Amend. Arrests and Other Detentions

The Fourth Amendment provides that people should be free from [..1..] searches and [..2..]

unreasonable, seizures

A seizure occurs when under the [..1..] of the [..2..] a [..3..] person would feel they were not free to decline the officer's requests or otherwise [..4..] the encounter

totality, circumstances, reasonable, terminate

An arrest occurs when the police take a person into [..1..] against their will for [..2..] prosecution or [..3..]

custody, criminal, interrogation

An arrest must be based on […], meaning trustworthy facts or knowledge sufficient for a reasonable person to believe the suspect has [..2..] or is [..3..] a crime for which an arrest is authorized by law. Probable cause is based on the [..4..] of the [..5..]

probable cause, committed, committing, totality, circumstances

PC for an Arrest—Rule Statement

To make an arrest, an officer must have probable cause, meaning trustworthy knowledge sufficient for a reasonable person to conclude that the suspect has committed or is committing a crime for which an arrest is legally authorized.

A warrant is not required before arresting a person in a [...]

public place

Police must have a warrant to make a [...] arrest of a person in their home

non-emergency

Officers executing an arrest warrant may enter the suspect's home only if there is [...] the suspect is inside

reason to believe

Police must have probable cause to make an arrest to bring a suspect to the station for [..1..] or [..2..] against the suspect’s will

questioning, fingerprinting

Y/N: Does an unlawful arrest itself have any impact on any later criminal prosecution

N

Terry Stop

Police may briefly detain a person if police have [..1..] of criminal activity or involvement in a completed crime, supported by [..2..] (not merely a hunch)

reasonable suspicion, articulable facts

Terry Stop

If police also have reasonable suspicion that the detainee is [..1..] and [..2..], they may frisk the detainee for [..3..]. Reasonable suspicion is more than just [..4..] suspicion but is less than probable cause and depends on the totality of the circumstances.

armed, dangerous, weapons, vague,

Terry Stop

When reasonable suspicion is based on an informant's tip, there must be an [..1..] of [..2..] (including predictive information)

indicia, reliability

Terry Stop

Y/N: Are Terry Stops subject to a specific time limit?

N

Terry Stop

Police must act in a [..1..] and [..2..] manner in confirming or dispelling their suspicions during a Terry St

diligent, reasonable

Terry Stop

Police may ask the detained person to [..1..] themself and may arrest the detainee for [..2..] to [..3..] with that request

identify, failure, comply

Terry Stop

A detention becomes an arrest if other [..1..] for arrest arises during the detention

probable cause

Terry Stop

Brief property seizures are valid if based on […]

reasonable suspicion

Generally, police officers may stop a car if they have at least [..1..] to believe a [..2..] has been [..3..]

reasonable suspicion, law, violated

During routine traffic stops, a [..1..] is not a search, so long as the police do not [..2..] the stop beyond the time needed to [..3..]

dog sniff, extend, issue a ticket or conduct normal inquiries

A dog alert to the presence of drugs during a traffic stop can form the basis for [...] for a search

probable cause

Without [..1..], police cannot use a drug-sniffing dog outside a suspected drug dealer’s [..2..]

probable cause, home

A police officer's [..1..] mistake of [..2..] does not invalidate a seizure

reasonable, law

Automobile Stop

An automobile stop constitutes a [..1..] of the driver and any [..2..]

seizure, passengers

Automobile Stop

Passengers have [..1..] to raise a [..2..] stop as a reason to exclude evidence found during the stop

standing, wrongful

Automobile Stop

Roadblocks for purposes other than seeking [...] about the drivers stopped may be constitutional

incriminating information

Automobile Stop

Roadblocks to stop cars without [..1..] suspicion are allowed if [..2..] law enforcement needs are involved. For such roadblocks to be allowed, they must stop cars on the basis of some [..3..] and [..4..] standard (for example, every car). Additionally, they must be designed to serve purposes closely related to a particular problem pertaining to [..5..] and their [..6..]

individualized, special, neutral, articulable, automobiles, mobility

Automobile Stop

After lawfully stopping a vehicle, an officer may order the [..1..] out of the vehicle for [..2..] safety

occupants, officer

Automobile Stop

If an officer reasonably believes detainees are [..1..], the officer may [..2..] the occupants and search the [..3..] compartment for weapons

armed, frisk, passenger

Automobile Stop

If police have [...] to believe a driver violated a traffic law, they may stop the car, even if their [..2..] motive is to investigate a crime for which they lack sufficient cause to make a stop

probable cause, ulterior

If police have [..1..] to believe a suspect has drugs hidden in their home, they may, for a reasonable time, stop the suspect from going inside unaccompanied to prevent [..2..] while they obtain a [..4..]

probable cause, destruction of evidence, search warrant

A valid [..1..] to search for [..2..] allows police to [..3..] occupants of the premises during a proper search

warrant, contraband, detain

T/F: Seizure of a person by subpoena for a grand jury appearance IS REQUIRED under the Fourth Amendment

F (not required)

Deadly Force

An officer may not use deadly force UNLESS it is [..2..] under the circumstances. For example, if the suspect poses a [..3..] to their own life or the lives of others

reasonable, danger

Deadly Force

Y/N: Does a Fourth Amendment seizure occurs when police use deadly force to apprehend a suspect?

Y