_______ exists where facts and circumstances within the arresting officer's knowledge and of which they had resonably trustworthy information are sufficient in themseleves to warrant a man of reasonable caution in the blief that an offense has been or is
probable cause
Factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act
probable cause
a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances
probable cause
A computer hit confirming that a vehicle is stolen would be an example of
probable cause
Victim and witness sworn statements saying they saw a person committing a crime would be an example of
probable cause
the odor of marijuana coming from inside of a car is an example of
probable cause
Is a frisk restricted to a person's body?
No even the passenger compartment of an automobile may be frisked based on a reasonable belief that an occupant of the vehicle is armed and dangerous, for example, during a high risk traffic stop of a vehicle matching that of an armed robbery suspect. Fur
Does simply seeing a partially concealed firearm justify a frisk?
No - simply seeing a partially concealed firearm alone does not justify a frisk since many people lawfully possess a concealed firearm. (If an illegal weapon is discovered or evidence of a crime is discovered during detention an officer may make an arrest
Plain touch/feel doctrine
allows the officer to seize contraband even if it does not feel like a weapon. An officer who conducts a valid stop and frisk and in the process feels an item he readily recognizes as contraband, may seize that contraband
Does plain touch/feel doctrine permit manipulation or groping of the object in an effort to identify it as contraband
no - the officer must be able to articulate that based on training and experience the officer immediately recognized the item as contraband
During a Terry stop, what is the length of time for the stop?
it is limited to the time reasonably necessary to accomplish the purpose of the stop (an investigative detention may become an arrest even if the officer does not initially intend to make the arrest - questioning that prolongs the detention but is not jus
During a Terry stop, can the officer require the person to move from the location of the stop or its immediate vicinity?
No - doing so turns the stop into an arrest
Can an officer use force during an investigative stop?
only if the officer believes it protects their own safety or the public safety. Handcuffs may be used if reasonably necessary but the officer must be able to explain the reasons why force or restraints were necessary
What is a pretext stop?
When an officer stops a vehicle due to a vehicle equipment violation (broken tail light) or traffic infraction but really wants to investigate other, more serious criminal activity
If a detective suspects that a vehicle contains drugs can the detective stop the driver for failing to signal for a turn?
yes, the stop is valid even if the detective is not assigned to traffic patrol and does not normally stop drivers who fail to signal for turns.
a fair probability or reasonable grounds to believe that someone committed a crime, based on the totality of circumstances
probable cause
What is probable cause
reasonable grounds to believe that someone committed a crime - the belief is based on the totality of circumstances (facts and circumstances within the arresting officer's knowledge and of which they had reasonably trustworthy information, are sufficient
A computer hit confirming that a vehicle is stolen would be considered
(A) Pretext stop
(B) Reasonable Suspicion
(C) Probable Cause
(D) Mere Suspicion
Probable Cause
Victim and witness sworn statements would be considered
probable cause
the odor of marijuana coming from inside a car would be considered
probable cause
what is the difference between reasonable suspicion and probable cause?
the amount and quality of information the officer has concerning the commission of a crime by a particular suspect, or that evidence of a crime is present in a place to be searched.
In deciding whether the reasonable suspicion or probable cause standards have been met the courts review all factors known to the officer at the time of the incident. This is known as
totality of circumstances test
Fellow officer rule
relying on the collective knowledge of other officers when forming conclusions that a suspect has or committing a crime or when taking law enforcement action
Anonymous tips and reasonable suspicion
information must have some indication of reliability and must be corroborated before the officer may rely on it to take law enforcement action
A tip comes in from an anonymous tipster that a guy in jeans and a t-shirt is selling drugs down the street - is the considered reasonable suspision?
no the tip is too vague
A tip comes in from an anonymous tipster that a white male wearing jeans and a tie-dyed t-shirt is selling drugs from an older yellow VW van at the intersection of Main and Elm, is this considered reasonable suspicion?
yes, the officer can verify this information when he arrives at the intersection
When can information from a confidential informant be considered probable cause for an arrest or search?
if the information has been substantiated as credible and reliable (it can be considered reliable if the information from this information in the past has been reliable or if the information is independently corroborated)
Can photo arrays, showups and lineups be probable cause?
yes identifications can be based on phot arrays, showups and lineups
What is proof beyond a reasonable doubt?
the standard used to determine if a criminal defendant is guilty. It is based on the facts of the case - there is no other reasonable explanation than that the defendant committed the crime.
What must occur before a person may be found guilty of a crime and sentenced?
Reasonable doubt - the prosecution must present evidence sufficient to prove guilt of each element of the crime beyond a reasonable doubt
Proponderance of evidence
the greater weight of the evidence - the standard of proof used in civil and administrative cases in Florida
What is the standard of proof used in civil cases in Florida?
preponderance of evidence
In administrative proceedings, the burden of proof is
clear and convincing evidence
totality of circumstances
a term the court uses to refer to all facts and circumstances known to the officer at the time, or reasonably perceived by the officer as the basis for, a use of force decision.
Under the fourth amendment, people are protected from government intrusion into areas where they have a reasonable expectation of privacy - it prohibits searches and seizures unless ___________________
they are conducted with probable cause and under reasonable circumstances
When does a search occur?
when government intrudes into a place where a person has reasonable expectation of privacy
When does a seizure occur?
when the government affects a persons right to have or control his or her property, usually by physically taking it
What is required before intruding into a place where an individual has a reasonable expectation of privacy?
search warrant
What is a search warrant?
a legal document authorizing a police officer or other official to enter and search premises.
what legal requirements must a search warrant meet?
(1) authorized and signed by a neutral magistrate or judge,
(2) must be based on an affidavit that states sufficient facts to establish probable cause that evidence of a crime will be found in the place to be searched.
(3) The basis of the information in
Exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
what is the purpose of the exclusionary rule
to discourage officers from violating citizen's constitutional rights during criminal investigations
Fruits of the Poisonous Tree Doctrine
holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial.
If an illegal interrogation leads to the discovery of a murder weapon, both the results of the interview and the weapon may be excluded from trial - this is an example of
The Fruits of the Poisonous Tree Doctrine
If officers execute a search warrant they believe to be valid and a court later determines the warrant has a legal error, any evidence may still be admitted under the ____________
Good Faith Doctrine
good faith doctrine
If officers execute a search warrant they believe to be valid and a court later determines the warrant to have a legal error, any seized evidence may still be admitted.
What are the three elements that comprise a fourth amendment search?
Government, Intrusion, and reasonable expectation to privacy
What are exceptions to Search Warrant Requirements?
there is no reasonable expectation to privacy, someone other than the police calls the police with evidence of a crime, plain view, mobile conveyance, exigent circumstances, emergency scene, consent, inventory, administrative searches, incident to arrest
A suspect drops a bag containing controlled substances when an officer approaches him, can the officer seize the bag and use it as evidence?
yes because the suspect has abandoned his reasonable expectation to privacy
A person walks into his neighbor's garage, finds evidence of a crime, and calls the police, can the evidence be used without a search warrant?
yes because the government was not involved in the search
Abandoned property and open fields
not subject to search warrant
give an example of abandoned property
a trash can at the curb is considered abandoned property and not subject to search warrant
given an example of open fields exception to search warrant
open areas of someone's property where there is no reasonable expectation to privacy (fenced and posted fields are given a higher degree of constitutional protection than areas that don't have them)
Plain View
Any contraband an officer can see can be seized without a warrant as long as three conditions are met: (1) the officer is lawfully present in the place where he or she sees the item, (2) the item is in plain sight, and (3) the officer has probable cause t
What does it mean that the officer must lawfully be positioned where he/she can see the contraband (Plain View) ?
the officer must not creep up and peek in a window he/she must be called for assistance or present in a place where the contraband is visible
what does it mean that the item must be in plain sight (plain view)
the officer may not move an item to see what is underneath, the use of a flashlight is permitted but the moving of any item will invalidate
What does it mean that the criminal nature of the seized item must be immediately apparent (plain view)?
an officer must know instantly that the item is contraband
an officer sees a white pill on the dashboard and thinks it is ecstacy so he seized it. Testing proves he was correct - is this acceptable under the plain view ?
No, the pills nature as an illegal drug was not immediately apparent upon first sight
Mobile Conveyance
May be conducted without a warrant even if there may be time to obtain a warrant, because vehicles must be licensed, registered, and insured, and are easily moved, they have a reduced expectation of privacy, the search does not have to occur at the same t
Carroll Doctrine
The principle that an officer may search a vehicle or other mobile conveyance without a warrant if there is a probable cause to believe that the vehicle contains contraband or evidence of criminal activity
T/F - If probable cause justifies the search of a lawfully stopped vehicle it justifies the search of only the cabin portion of the vehicle
False, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search (unless the suspected item would not reasonably be found in a certain portion of the vehicle - i.e., a shotgun cannot fit in the glove b
Is use of a certified police K-9 to detect odors of controlled substances by walking the dog around the exterior of the car considered a search?
No, as long as the sniff is complete prior to the conclusion of the traffic stop. The length of the stop can not be extended to wait for the arrival of the dog or for the sniff to be completed
Exigent Circumstances
when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure
What is considered exigent circumstance?
(1) destruction of evidence - if the officer has reason to believe that contraband or evidence is in immediate danger of being destroyed
(2) Fresh pursuit - allows an officer to enter a residence or other private place while chasing a suspect
(3) Emergenc
curtilage
area of land immediately surrounding a structure - this area is not considered open field
When is it considered creating an exigent circumstance?
an officer unlawfully entering based on a hunch that drugs are being held there for example by yelling "Police" and then entering because the officer thinks the residents may be trying to destroy drugs inside
Fresh Pursuit
allows an officer to enter a residence or other private place, while chasing a suspect (requires probable cause that the suspect committed a serious crime, immediate /continuous pursuit of the suspect and probable cause the suspect is in the premises bein
What is required for an officer to enter a suspect in fresh pursuit?
probable cause the suspect committed a serious crime, immediate or continuous pursuit, probable cause that the suspect is in the premises being entered without a warrant
Is there a general crime scene or murder scene exception to the Fourth Amendment warrant requirement?
No ( officers responding to a homicide scene may conduct a protective sweep to make sure there are no more victims and the assailant is gone, but to search a crime scene further will require a warrant)
What is required in order for the Emergency Scene exception to apply?
the officer must have an objectively reasonable basis to believe that someone is in immediate danger (someone is going to committ suicide)
When is probable cause not required?
(1) consent
(2) inventory
(3) administrative searches
(4) incident to arrest
Consent Search
a permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place