Arrest search and seizure

4th amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

Further observation

Mere suspicion

Talk

Suspicion

Stop/detain/frisk

Reasonable suspicion

Arrest

Probable cause

Civil 51%

Preponderance of evidence

Criminal

Proof beyond a reasonable doubt

Condemnation

Absolute proof

3 classifications of encounters

Consensual encounter temporary detention arrest

Probable cause test

Witness evidence confession or admission

Probable cause definition

Probable cause for arrest exists when, at the moment, the facts and circumstances within the knowledge of the arresting officer and of which he has reasonably trustworthy information, would warrant a reasonable and prudent man in believing that a particular person has committed or is committing a crime.

15 building blocks for probable cause

DNA evidence. blood evidence. flight. hiding. mere evidence. tools of a crime. fruits of a crime. senses. written confession. location. time of day. high crime area. expert police opinion. resistant to officers. noticeable bulge.

Cannot be used for probable cause

An officer’s personal bias or prejudices. Hunches or inarticulate suspicions. Uncorroborated anonymous tips containing only general information.

Elements for temporary detention

Reasonable suspicion by a peace officer that some activity out of the ordinary is or has taken place. Some indication to connect the person to be detained, with the suspicious activity. Some indication the suspicious activity is related to a specific offense.

Elements of arrest

Intent authority seizure and detention understanding

Rights

Miranda v Arizona

Frisk

Terry v Ohio

Pat down search with out the consent or plain feel

Minnesota v Dickerson

Initial search of his home was warrantless and unreasonable

Steagald v us

School

New York v t.l.o

4th amendment evidence not allowed to be secured during a search

Mapp v Ohio

Without verbally consent

Florida v royer

Evidence related to the crime of the arrest from tampering by the arrestee

Arizona v grant

Probable cause

Brown v state

Automobile

Carrol v us

Officers are not allowed to search the arrestee’s entire property

Chimel v California

Breach of the peace

Woods v state

3 parts of plain view

Lawfully present

Immediately apparent

Lawfully access

C.R.E.W

Consent

Recognized exception

Warrants

Days allowed to seize DNA

15 whole days

5th amendment

Due process

6th amendment

Speedy trial

7th amendment

Right of trial by jury

Warrantless searches

Hot pursuit open fields plain view providing consent vehicle inventory plain feel/smell

Surrendered evidence serious injury coroners inquest border inspection