A.S.S. Notes

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.

Suspicion

To imagine one guilty, or culpable on slight evidence w/o proof. Ill; distrust; mistrust; doubt upon slight evidence or w/o proof. Implies a belief or opinion based upon facts or circumstances which do not amount to proof.

Appropriate Responses to Suspicious Activity

-Continued observation

-Computer checks

-Approach suspect and ask questions; Consensual Encounter

-Avoid Commands

-When enough facts are developed to establish a reasonable suspicion, a temporary detention may be in order

Consensual Encounter

occurs when a PO approaches you and engages you in conversation, but you remain free not to answer and to walk away. Remains if PO asks you questions, or asks to examine your ID or your belongings, as long as the PO doesn't suggest that you must comply. ~Florida v Royer

Probable Cause

an apparent state of facts found to exist upon reasonable inquiry, which would induce a reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged

Building Blocks of PC

flight; furtive movements; hiding; attempt to destroy evidence; resistance to officers; admissions or confessions; evasive answers; unreasonable explanations; latent print ID; hair follicle ID; handwriting comparisons; fabric comparisons; ID of suspects by witness; the emergency setting- crime zone/automobile; ballistics evidence; contraband or weapons in plain view; criminal record; hearsay info- informant/fellow PO/general; expert PO opinion; PO corroboration; unusual or suspicious conduct

Temporary detention

Holding a person for a limited time, but who, as yet, is not answerable to a criminal offense.

Elements required for Temporary Detention

-Reasonable suspicion by a PO 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.

Frisk

mere pat down of the outer clothing or container to which a detained person may have immediate access

When & why can you Frisk?

- lawful frisk can only be initiated when the officer has first made a lawful detention

- the sole justification for the frisk is the protection of the officer and others nearby

Objective of a Frisk

to locate weapons that could be used against the officer or others nearby

Reasons PO would suspect the person stopped might possess a weapon:

-type of crime for which person was stopped

-furtive movements

-appearance of person stopped

-time and place stopped

-proximity to recent crime scene

-high crime area

-reputation of subject

-officer's experience

-description of wanted vehicle or person

Factors that may contribute to reasonable fear for a protective frisk include:

-darkness

-remote location

-outnumbered officer

-relative physical size of the officer and other person

-reason for the contact

-encountered hostility

-excess clothing

-visible bulges in clothing

-excess nervousness or excited state

-torn or blood stained clothing

-quick, sudden movements

-apparent efforts to adjust clothing or conceal something

-known record of violence

-reports that the suspect is armed or dangerous

Arrest

the apprehending or restraining of an individual in order to bring the person before the proper authority to answer for an alleged crime

Elements of a Lawful Arrest

Authority;

Intent;

Seizure of the person;

Understanding

What must a PO have before arresting a suspect?

Probable Cause

Arrest Warrant

Provides an impartial judicial determination that probable cause exists for an arrest. By requiring probable cause under oath, and it provides protection to both the citizen & the officer from the consequences of mistakes.

What are the 3 types of interactions between PO and citizens?

Consensual Encounters

Detention

Arrest

Search

Prying into hidden places for that which is concealed. A more specific definition states that a search is an intrusion by the government into an area where there is a reasonable expectation of privacy.

Emergency

warrantless search or seizure may be conducted when an officer has probable cause to believe that a life-threatening or substantial property threatening situation exists, and there is no time to obtain a search warrant. Cease searching once the emergency ends.

Exigent Circumstances(Emergency) usually upheld in court:

-an unconscious person

-an incoherent person

-a medical aid situation

-sounds of gunshots

-fight, noises, or screams

-fires, explosions, or natural disasters

Officers must be able to establish, one of the following, for it to be considered an emergency:

-fear of destruction of evidence

-fear of harm to officers or to others

-fear of escape of suspect

-the suspect created the exigency, not the officer

-a warrant could not been obtained in time

Search Incidental to Arrest

The arrested person may be searched for weapons, contraband, fruits & instrumentalities of crimes, and evidence connected with any offense. The search must be made immediately or asap after the arrest.

Scope of the Search Incidental to Arrest should include:

-complete search of the person

-a search of the objects in the actual possession of the arrested person

-a search of areas within the person's immediate control

-the passenger compartment of a vehicle if the person is arrested out of the vehicle

Hot Pursuit

PO in lawful fresh pursuit of a fleeing felon, may make a warrantless entry into any place where he seeks refuge and may conduct a warrantless search and seizure of the suspect, his clothing, and the area under his immediate control.

Imminent destruction of Evidence

PO may make an warrantless entry & search if it reasonably appears necessary to prevent the imminent destruction of evidence. Search must end when the threat of destruction has been neutralized.

Valid consent search requires that consent be given ____________________ by a person with the authority and capacity to grant consent. Person with the authority over the place or things to be search.

voluntarily and knowingly

Generally who can consent to a search:

Any adult who normally has regular unrestricted access to a place can usually grant consent for a search of that place.

Plain View

Seizure of contraband or instrumentalities of a crime in plain view is not a violation of the 4th Amendment when the officer has a lawful right to be where he is to observe the contraband, etc.

Abandoned Property

May be seized by LE officers w/o probable cause or a search warrant.

Inventory

a legitimate law enforcement activity that is not a search, which sometimes incidentally results in the discovery of evidence.

Purpose of Inventory Search:

placing personal property in safekeeping to prevent loss, &/or claims against PO, & protection of

Administrative Search

an inspection or search carried out under regulatory or statutory scheme usually to enforce compliance with regulations or laws pertaining to health, safety, or security. Note: may not use as a pretext to search for evidence.

Protective Search/Sweep

a search conducted by a LE officer for the purpose of ensuring against threats to safety or sometimes to prevent the destruction of evidence

Advantages of Search Warrants

-smooth sailing for prosecution in court

-searches presumed valid & puts burden on defense

-evidence obtain is less likely to be thrown out & result in more convictions

-officer is less likely to spend time at suppression hearing

-CCP 38.23 Evidence obtained by an officer "acting in objective good faith reliance upon a warrant" may be admissible

What are we searching for?

Evidence

-fruits of crime

-tools of crime

-contraband

-prop subject to forfeiture

Components of a Search Warrant

Affidavit

Search Warrant

Return

Affidavit:

describes the person, place, or V in sufficient detail that any person executing the warrant will be sure to search the right target

Good writing techniques in an affidavit:

-describe with particularity the things you want to seize

-limit search items to those you have PC on & believe you will find

-be as specific as possible

How does one conclude an affidavit?

declaration of belief that the evidence sought will be found

Affidavit requirements when target is a person:

include everything you know about person description, including name, aliases, sex, eyeglasses, hearing aids, beards, mustaches, deformities, tattoos, habitual jewelry, habitual dress and mannerisms, other unusual or characteristics features or traits, & the V or location where person is likely to be found, together with the time, if known.

Affidavit requirements when target is a vehicle:

include color, year, make, model, license #, VIN #, & probable location

Affidavit requirements when target is a residence:

state if it is a house, part of a house, a duplex, an apartment, a hotel/motel room, a cabin, a mobile home, etc; & include all place where you want to search

When does information or PC become stale?

after 48hrs

3 Cardinal Rules of Preparing a Search Warrant Affidavits

Brief; Specific; Persuasive

Juvenile Status Offense(Class C)

-running away from home

-failure to attend school

-violation of standards of student conduct

-curfew violation

-Alcoholic Bev Code violation

CINS (child in need of supervision) ~also Class C

-public intox

-offense punishable by fine only~ other than traffic

-runaway

-inhalant abuse

-violation of a reasonable & lawful court order

Delinquent Conduct (Class B- 1st)

-felony or jailable misdemeanor

-violation of probation

-contempt of court

-DWI as minor

-3rd degree DUIA as minora

A child may not be detained in a juvenile processing office for longer than _____ hours.

6

What 2 CINS offenses do you complete a Juvenile Charging Information Sheet for?

PI & Runaway

If no parent or other responsible adult is available to take custody of the child, the child may be taken into ________________ if necessary.

protective custody

Juvenile taken into custody may only be transported to one of four places:

-MPD

-Juvenile Detention Center or Letot

-Medical Facility for emergency care

-To a parent, guardian, or responsible adult for release

The 3 types of Juvenile Custody

-Secured; for Class B & above

-Non-secured; for Class C

-Juvenile Processing Office (@MPD it is the same location as non-secured)

PO may take Protective Custody when:

-the juvenile is in the custody of an arrested adult & no responsible adult is available to accept custody of the juvenile

-there is reasonable cause to believe there is immediate danger to the physical safety or emotional well-being of the child

-no parent or responsible adult can be located for a lost child

Children picked up for abuse, neglect, or abandonment _________ be released back to the alleged offender without the approval of CPS.

will not

What are the 2 types of custody?

General & Constructive