Foundation requirements to impound a vehicle
Must be a public safety hazard & the vehicle itself is evidence
Foundation requirements for inventory searches
There must be a policy & every vehicle must be searched the same
Scope of an inventory search
Defined by the policy
Probable cause to arrest
Facts and circumstances that would make a reasonably cautious judge or officer believe that a crime was committed and that this person committed it.
Scope of SILCA
5 zones
Zone zero
Internal body (sometimes)-weapon
Scope for internal body search
Must be done in a reasonable medical manner (M.D./R.N./P.A.)
Based on facts and circumstances you have reached the point of near certainty
Exigent circumstance (danger or loss) outside of normal
Zone one
Full body (always)-weapon
Scope for strip search
Strip search must be conducted by same sex
Must be in a private setting, out of view
Must be approved to do a strip search
Cannot be recorded
Only for certain crimes (weapons or drugs)
Zone two
Area of immediate control (always)-weapon
Immediate Control
Place where a person could get to with some resistance to the officer
Zone three
Accomplice (always)-person
Accomplice
Area that some person might be that can come to the rescue of the arestee
Scope of accomplice zone
protective sweep" can only look where a person could fit
Must be contemporaneous (at the same time)
Zone four
Fringe (sometimes)-person
Scope of the fringe
Articulable facts (precise and verbal)
Person in the fringe
Jurisdictional Baseline
Must be within your boundary
5 Jurisdictional Expanders
You get both sides of the road
Mutual aid agreement-- you must be invited to the party
Fresh pursuit
Close pursuit
Transport
Fresh pursuit
Where did the offense occur-- within your jurisdiction
Level of offense-- any: felony, misdemeanor, forfeitures
Limits of-- state line
Oven temperature-- fresh
Close pursuit
Where did the offense occur-- within your jurisdiction
Level of offense-- felony only
Limits of-- Start state line/end boundary of other state
Oven temperature-- close (fresh)
Transport
You are on duty
Within your job description
Department policy that permits it
Grounds-- Arrest by a law enforcement officer
1. A law enforcement officer may arrest a person when: have a warrant in hand
a warrant has been issued in this state
felony warrant has been issued in another state
reasonable grounds to believe that the person is committing or has committed a crime
2. A
Use of force in arrest
Reasonable-- O.S.M.A is necessary (only so much as is necessary)
Injury degrees a victim might suffer:
Death
Great bodily harm-- substantial risk of death, permanent injury
Substantial bodily harm
Bodily harm-- physical pain, injury, or illness
Venues of arrest
W.O.W-- Open fields
Vehicle
Own privacy zone (home)
Third person's privacy zone
W.O.W.
Grounds:
Warrant in hand
Warrant in state
Felony warrant out of state
Probable cause
Vehicle
Grounds:
Warrant in hand
Warrant in state
Felony warrant out of state
Probable cause
Own privacy zone (home)
Grounds +
Probable cause to believe the defendant is there +
1 of 3: Arrest warrant or
Consent or
Exigent circumstance
Third person's privacy zone
Grounds +
Probable case to believe the defendant is there +
1 of 3: Consent or
Exigent circumstance or
Search warrant for the person
Circumstance Descriptor- Relationship
Married/formerly married
Adult members/former members same household
Child in common
Circumstance Descriptor- Conduct
Domestic Abuse:
Intentional infliction of physical pain, physical injury, or illness
Intentional impairment of physical condition
Sexual Assault
Physical act that may cause the other person reasonably to fear imminent engagement in the conduct
Circumstance Descriptor- Time
Within 28 days
Circumstance Descriptor- Shall Arrest
Relationship + Conduct + Time
Circumstance Descriptor- Filter (predominate aggressor)
History between parties
Witness statement
Degree of injury
Fear
Threats future harm
Self defense
Victim bond choice
72 hour no-contact in bond
Protective Order- Relationship
Married/formerly married
Adult members/former member of same household
Child in common
Caregiver (person in need)
Serious dating relationship
Protective Order- Conduct
Battery (misdemeanor)
Battery (felony)
Sexual Assault (1,2,or 3)
Fear of imminent (battery or sexual assault)
Criminal damage to property
Stalking
Injunction
Long restraining order (valid for 4 years)
Short Protective Order
Temporary restraining order (valid for 14 days)
Ex parte
One-sided
What is the exclusionary rule?
Facts that cannot be used-- you lose the evidence attained
Deters police misconduct
Applied at suppression hearing
List the four exceptions to the exclusionary rule
Independent source
Inevitable discovery
Attenuation
Good faith reliance upon a defective warrant
What is probable cause to search?
Facts and circumstances that would make a reasonably cautious officer believe that fruits, instrumentalities, and other evidence to a crime exists at a particular place and a particular time.
What creates a privacy zone?
What the subject expects and society agrees
When is an officer allowed to do a "stop"?
When there is reasonable suspicion based upon articulable facts that crime is a foot.
When is an officer allowed to conduct a "frisk"?
When there is reasonable suspicion that the suspect is armed and dangerous based upon articulable facts
What are the general requirements for the execution of a warrant?
Knock, announce, wait
Knock, announce, go
No-knock, announce, go
What 3 circumstances permit a no-knock warrant execution?
Danger to officer or others
Loss of evidence
Futile
What are the 4 requirements of plainview?
Same privacy zone, lawfully present, incriminating character, and indirect
What are the zones of a protective sweep?
0, 1, 2, 3, 4
What is the meaning of "Due Process"?
Fundamental Fairness
When is a person considered "in custody" for interrogation purposes?
When a
reasonable person
does not feel free to leave
What constitutes an interrogation?
Words or conduct likely to elicit a response
How is the effectiveness of a Miranda Rights waiver evaluated by a Judge?
Subjectively, Objectively
What is the statue of limitations for a misdemeanor?
3 years
What is the statue of limitations for a felony?
6 years
What is the statue of limitations for sexual assault of a child?
0-12= has forever
13, 14, 15= has until the age of 45
16, 17, 18= has 3-6 years
What are the crimes for which the statute of limitations does not expire?
1st degree intentional homicide
2nd degree intentional homicide
Felony murder
1st degree sexual assault
1st degree reckless homicide
Sexual assault of a child (under 13)
Multiple sexual assaults of same child (any age)
At what age (of the defendant) does the criminal code begin to apply?
17
How much force may an officer use to effect a lawful stop?
Reasonable force-- only so much as is necessary
What is the proper scope of a frisk?
Effective
pat down of outer clothing
How long may a stop last?
Reasonable amount of time-- only so long as is necessary to establish probable cause or until you hit the wall
Warrant- Foundation Requirements
Probable Cause
Warrant- Scope
Size + Time
Consent- Foundation Requirements
(truly) Voluntary + Authority
Consent- Scope
Defined by the consentor
Vehicle Carroll- Foundation Requirements
PCB4 + RMV
Vehicle Carroll- Scope
Size + Time
Vehicle Impound- Foundation Requirements
Public safety hazard or the vehicle itself is evidence
Vehicle Inventory- Foundation Requirements
Policy and you must do every vehicle the same
Vehicle Inventory- Scope
Defined by the policy
Vehicle SILCA- Foundation Requirements
Lawful and Custodial arrest
Vehicle SILCA- Scope
Passenger compartment only and evidence to crime of arrest
SILCA- Foundation Requirements
Arrest probable cause
SILCA- Scope
Zones (0, 1, 2, 3, 4)
Border Search- Foundation Requirements
Implied consent
Border Search- Scope
Anywhere that is fair
Booking Search- Foundation Requirements
Lawful, custodial, Probable Cause arrest
Booking Search- Scope
Zone 1-- Full body
Exigent Circumstance to Defendant-Foundation Requirements
H3ArO (Hot on the heels into the house for any arrestable offense)
Exigent Circumstance to Defendant- Scope
Anywhere arrestee could be
Exigent Circumstance to Public- Foundation Requirement
Motive
Exigent Circumstance to Public- Scope
Defined by exigency