Police Methods and Organization Final Study Set

What are the different types of law?

substantive, procedural, and case

What are the 3 points of the 4th amendment search and seizure clause?

1) protects against unreasonable searches and seizures

2) requires a warrant stating probable cause

3) particularity

what is particularity?

searches and seizures must particularly describe what and where you’re looking for

What is probable cause?

probable cause refers to facts or circumstances that would lead a reasonable person to believe that a crime has beeen or is being committed.

what is an affidavit?

a sworn statement requesting the warrant, who, what, when, where, it has to be as specific as possible

What are the 7 exceptions to the 4th amendment?

1. incident to a lawful arrest

2. vehicle searches

3. field contacts

4. consent

5. plain view

6. exigent circumstances

7. electronic eavesdropping (no exception)

What are the acceptable motivations for conducting a search or seizure without a warrant?

1. officer safety or the safety of a third person

2. to present the destruction of evidence

3. to prevent escape

Chimel v. California

held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant

New York v. Belton

held that when a police officer has made a lawful custodial arreest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile

Carroll v. U.S.

upheld the warrantless searches of an automobile, which is known as the automobile exception

Delaware v. Prouse

held that police may not stop motorists without any reasonable suspicion to suspect crime or illegal activity to check their driver’s license and auto registration

Whren v. U.S.

“declared that any traffic offense committed by a driver was a legitimate legal basis for a stop”

California v. Carney

held that a motor home was subject to the automobile exception to the search warrant requirement of the Fourth Amendment to the United States Constitution because the motor home was readily movable.

Terry v. Ohio

ruled that it is constitutional for American police to “stop and frisk” a person they reasonably suspect to be armed and involved in a crime.

substantive law

acts or omissions that constitute a violation for which some sanction or penalty can be imposed

case law

that body of decisions rendered by appellant courts

incident to lawful arrest

arrest must be legal — have probable cause

pretextual stops

when a police officer detains an individual for a minor crime because they beleive that the person is actually involved or has committed another more serious crime

Plain Feel Doctrine

officers that frisk and identify expanded terry v. ohio beyond weapons, including contraband, but must immediately recognize that item

emergency level circumstances

• loss or destruction of evidence

• risk of harm to a third party or the officer

• Schmerber v. California

Schmerber v. California

clarified the application of the Fourth Amendment’s protection against warrrantless searches and the Fifth amendment right against self - incrimination fore searches that intrude into the human body.

Minnesota v. Dickerson

held that when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon.

Rochin v. California

added behavior that “shocks the conscience” into tests of what violates due process clause of the 14th amendment

mapp v ohio

applied the exclusionary rule — applies to the states

prevents a prosecutor from using evidence that was obtained by violating the 4th amendment to the us constiution

Bumper v. North Carolina

• consent cannot be obtained from trickery or deception

• consent to enter does not mean consent to search

Arizona v. Hicks

held that the 4th amendment requires the police to have probable cause to seize items in plain view.

Weeks v. U.S.

• evidence obtained through the viiolation of the constitution should not be admitted in criminal proceedings

US v Leon

established the “good faith” exception to the 4th amendment exclusionary rule