Con Law Part 2

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