Administrative search warrant
Routine inspections (police do not conduct them)
Criminal search warrant
When the administrative search person finds something criminal
4 elements to an arrest
1. Purpose or intention
2. Exercise of real or pretended authority
3. Physical force or submission
4. Understanding
Real authority
(Sworn officers) Legal right to make an arrest
2 types of force
1. Non deadly - pepper spray , take down
2. Deadly force - life in danger (officer or people)
Bite and hold
Technique to stop someone until officer is able to make an arrest
Search incident to arrest
Chimel Vs. California 1969 have the right to search you and areas
around you
Police dogs
Fall under the 4th amendment
Non Intrusive search
Hair samples and finger nail clippings
Intrusive searches
Blood samples , strip searches
Tantamount to arrest
Purpose is to question
Protective sweep
Allowed to do a small search to make sure there are no weapons that
came harm
Terry Vs. Ohio
Creation of the stop and frisk ( reasonable suspicion standard was
established )
Frisk
Brief pat down
4 requirements to determine seizure stops
1. Free to leave test: common sense
2. Free to decline request or terminate
3. Intentionally applied: based on physical control
4. Halting or submission: legally stopped
Consent
Is voluntary
What do you need to do stop and frisk?
Reasonable suspicion
Citizens Arrest
Can make arrest if they establish probably cause
Security guards, private citizens, law enforcement officers
outside of their jurisdiction
Resisting Arrest
Interfering with police officer after taking on the duty to put a
person in custody
1. Immediate threat
2. Active resisting arrest
Search incident to arrest
1. Lawful custodial arrest
2. Contemporaneous
Who may give consent?
1. Actual Common Authority - has legal capacity to grant consent
(Husband, Wife)
2. Apparent Common Authority - Reasonable belief (Girlfriend, Boyfriend)
Plain View Doctrine
Allows you to confiscate something although you had no knowledge of
it being there
1. Valid Justification
2. Probable cause
Carroll Doctrine
Search of a readily mobile motor vehicle by law enforcement who has
probable cause
1. Probable cause
2. Vehicle must be readily mobile
Miranda Vs. Arizona
5th Amendment - Custodial Interrogation
1. Express Waiver
2. Implied Waiver
CAN WAVE 5TH AND 6TH RIGHT
3 Phases of memory
1. Acquisition - brain encodes and processes
2. Retention - stores memory until called upon retrieval
3. Retrieval - brain searches for what you remember
Wade Gilbert Rule
Have the right to an attorney during post indictment and pre trial
line up
Stovall Vs. Denno
Forbids you to be suggestive during a photo line up
Voir Dire
Dismissal of jury members
Venire
Large" group of people used to pick jurors from.
Petit jury
The Actual 12 jury members
Strike for cause
when attorney's decide they dont want a particular jury
Peremptory Challenge
Dismissing a jury member just because