Arrest
Person in custody against their will for criminal prosecution or interrogation
Arrest Warrant
Writ issued that instructs law enforcement officers to bring a person to a magistrate/judge to face an offense which they are charged with
Deadly Force
Force that poses a high risk of death or serious injury to suspect
Reasonable Suspicion
Quantum of knowledge sufficient to induce an ordinarily prudent and cautious man under similar circumstances to believe criminal activity is at hand
Seizure
Taking a person into custody
Summons
A writ directed to a sheriff or officer requiring the officer to notify a person that they must appear in court on a certain day to answer a compliant
Citation
An ordered issued by a court or law enforcement officer requiring a person to appear in court at a specified date to answer certain charges
Regulatory Search
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Admin Search
Searches done by govt investigators to determine whether there are violations of govt rules and regs
Special needs beyond law enforcement search
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Reasonable expectation of privacy
When a person exhibits an actual expectation of privacy, and society recognizes as reasonable
Search
Exploration of an individuals home, premises, or person to discover things or items that may be used by the government as evidence in a criminal proceeding
Search Warrant
A written order, issued by a magistrate, directing a peace officer to search for property connected with a crime and bring it to court
Four Corners" requirement
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Search Warrant Staleness
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Searches of third parties
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Totality of circumstances test
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Roadblocks/checkpoints
1.) No need for RS
2.) Applies to all vehicles or random selection
3.) Cant be used for unspecified law enforcement to get info on criminal activity
Border searches
No RS or PC needed.
1.) Temp detention of those believed to be illegal
2.) use of strip, body cavity, and X-ray searches
3.) 4th Amendment does not fully apply at immigration borders
Probable Cause
More than bare suspicion; exists when the facts and circumstances within the officers knowledge and of which they had reasonably trustworthy info are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or
Search incident to arrest
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Custodial arrest vs. Traffic stop
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Area of immediate control
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lunge area
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Use of force in search
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Consent
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Voluntariness requirement
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Intelligence requirement
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4th Amendment standing
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Revocation of consent
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Express and implied consent
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Vehicle exception
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Vehicle inventory
The police list the personal effects and properties they find in the vehicle
Arrest authority
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Citizens arrest
An arrest made by a citizen or a non -law enforcement personnel without a warrant
Knock and announce rule
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Misdemeanor arrest
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Felony arrest
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Contraband
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Fruits of a crime
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Instrumentalities of a crime
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Mere evidence of a crime
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Particularity requirement
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General warrant
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Anticipatory search warrant
A warrant obtained based on PC and on an expectation that seizable items will be found at a certain place
Redaction of search warrant
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Terry stop
Terry v Ohio; Police have authority to stop a person with reasonable suspicion that a crime has just been committed or is about to commit a crime
Stop and Frisk
1.) Police may conduct a terry stop; Terry v Ohio
2.) The person may be frisked if there is reasonable concern for the officer safety
Stop
Requirements:
1.) Circumstances: Criminal activity is afoot, and the suspect may be armed and dangerous
2.) Initial Police Action: Police must identify themselves, and make reasonable inquiries
Frisk
A pat down for weapons
Investigative detention
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Pat-down search
Frisk for officer safety
Full body search
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Body cavity search
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Common authority
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Joint occupant
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Bailor
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Bailee
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Coercion of consent
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Reasonable belief and police
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Consent to enter only
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Containers (locked and unlocked)
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Contemporaneousness requirement
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Passenger compartment
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Pretext impoundment
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Drug-sniffing dogs
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Vehicle impoundment
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Mobility requirement
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