Narcotics quiz 2

drug courier profile

describes characteristics generally associated with narcotics traffickers (cash, travel alone, 20-35)

consensual encounter

no standard or probable cause needed, must feel they can terminate encounter, voluntary permission

reasonable suspicion

specific and articulable facts which, taken together with rational inferences from those factors, reasonably warrant you to believe the person has committed, is committing or is about to commit a crime 

probable cause

allows for arrest or to get a search warrant, reasonable belief that a crime has been committed or that a specific person has committed a crime

Terry v. Ohio

officer stop and frisked 3 men and found weapons, police may briefly stop and pat down ("frisk") a person for weapons without a warrant or probable cause

plain view doctrine

allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible

investigatory detention

articulable reasonable suspicion that a suspect is invovled in a criminal activity, you may briefly detain them to investigate, minimally intrusive

broken windows theory

Suggests that visible signs of disorder and neglect, such as broken windows or graffiti, can encourage further crime and anti-social behavior in an area, as they signal a lack of order and law enforcement 

Florida v Riley

police observation of a partially open residential greenhouse from a helicopter at 400 feet does not constitute a Fourth Amendment search requiring a warrant

pretext stops

a traffic stop that is said to be for a minor violation but is actually to investigate a more serious offense 

Whren v. United States

during a traffic violation stop officers found individual holding bag of cocaine, motioned to suppress evidence claiming officers used it as a pretext stop

legal standard for a DUI checkpoint

vehicles must be stopped in a systematic method, minimally intrusive

Washington v. Chrisman

officer stopped student holding gin and asked for ID, student consented to officer coming in dorm while he retrieved ID, officer saw roommate’s pipe on his desk. plain view exception to 4th amendment, officer had lawful access to the room

Collective knowledge doctrine

allows officers to use all the knowledge and information from other officers regarding a case

first amendment

protects people from contempt of cop arrests

entrapment

when an officer induces a person to commit a crime they normally would not have committed

good faith doctrine

limits exclusionary rule, evidence is admissible if officers acted in an objectively reasonable way on apparent legal authority which later turned out to be flawed

anticipatory search warrant

must show probable cause that evidence of a crime will be located at a specific place in the future

civil asset forfeiture

allows the government to seize property suspected of being connected to criminal activity even if the owner is never charged of a crime

criminal asset forfeiture

government seizes property, money, or assets directly from a defendant as part of a criminal prosecution and conviction 

no knock warrant

allows police to enter a home without knocking or announcing presence first. must show that knocking would lead to destruction of evidence or imminent threat to safety

search warrant

Warrant signed by a judge that authorizes a law enforcement officer to conduct a search on a certain person, specified place, or automobile 

Arizona v. Hicks

during a search without a warrant an officer suspected a stereo had been stolen and moved it to read the serial numbers then seized it after confirming his suspicions were correct. search and seizure of the stereo equipment violated the Fourth and Fourteenth Amendments

People v. Madrid

court rejected the prosecution's attempt to expand the "community caretaking exception" to justify a warrantless vehicle stop where an officer believed a passenger appeared ill or staggering, ruling that the stop violated Fourth Amendment protections

Minnestoa v. DIckerson

officer stopped individual after he exited a suspected crack house and lawfully searched for weapons and found none. officer felt a lump in his jacket and found cocaine. police may seize nonthreatening contraband detected by touch if the item’s incriminating character is immediately apparent (plain feel doctrine)