Case Law

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Graham vs. Connor

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Use of Force. Established objectively reasonable standard. The use of force is judged from the oersoective of a reasonable officer on the scene rather than 20/20 hindsight.

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Terry v. Ohio

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Pat down. If an officer has reasonable suspicion based on articulate facts that a person commuting a crime might have a weapon and is presently dangerous, police may stop them and perform a surface search

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12 Terms

1
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Graham vs. Connor

Use of Force. Established objectively reasonable standard. The use of force is judged from the oersoective of a reasonable officer on the scene rather than 20/20 hindsight.

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Terry v. Ohio

Pat down. If an officer has reasonable suspicion based on articulate facts that a person commuting a crime might have a weapon and is presently dangerous, police may stop them and perform a surface search

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Tennessee vs. Garner

An officer may not use deadly force unless it is necessary to prevent the escape of a suspect and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily injury to the officer or others.

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Minnesota vs. Dickerson

Plain feel doctrine - officer seize any object "whose contour or mass he/she identifies as apparent contraband

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Chimel v. California

Incident to arrest an officer may search the person and the "area within the immediate control". Any other area requires a search warrant

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Pennsylvania vs Mimms

May order a person out of vehicle to conduct a pat down during a traffic stop after observing a bulge in pocket

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Illinois vs. Wardlow

Held that reasonable suspicion exists when someone is acting nervous, evasive or fleeing a high crime area when noticing police is enough to justify stop.

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Florida vs. Bostick

Held during a consensual encounter, officers may ask the individual questions, ask to see ID or consent to search.

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Miranda v. Arizona

Custody and interrogation requires Miranda

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Weeks v. United States

Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.

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Carroll v. United States

The warrant-less search of a car does not violate the Constitution. If an officer has probable cause to believe an automobile contains evidence of a crime, the vehicle can be searched without a warrant.

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Arizona v. Gant

Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for.