Term
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Definition
| Even if a warrant is not required, you should still get one (gives police benefit of the doubt in close cases). |
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Term
| Steps to obtaining a warrant |
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Definition
1. You need probable cause
2. showing of evidence of criminal activity at the place to be searched.
3. needs to be under oath |
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Term
Augillar/Spinelli Test
(looking at confidential informant's tip)
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Definition
1. Basis of knowledge prong
* info/circumstances sufficiently detailed
* how did the CI gain the info
* was it eye-witness, hearsay, triple hearsay
2. Credibility of the Informant
* not making up a story
* established info before that was good |
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Term
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Definition
1. Argue supporting affidaviton its face did not establish sufficient probable cause.
2. Challenge the accuracy or veracity of the statements (difficult to win) |
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Term
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Definition
| Ordinary rule is that you need a warrant. However, there are many exceptions. |
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Term
| Warrant Particularity Requirement |
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Definition
| Have to describe in detail what, who, and where you're going to search/seize. |
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Term
Presumption of knock and announce.
Exceptions are? |
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Definition
1. Concern for safety of officers
2. concern for disposal of evidence |
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Term
| Probable cause is used to... |
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Definition
* obtain warrants
* a prerequisite to perform ALL arrests
* a prerequisite to many, but not all warrantless searches |
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Term
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Definition
Out of court evidence that is being introduced as evidence.
* concerned about reliability
* concern that it can't be challenged
* admissible for determing probable cause |
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Term
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Definition
| A sniff in a public place, of the exterior of property, does not constitute a search under the 4th. |
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Term
| Exceptions to the Warrant Requirement |
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Definition
* Plain View Exception
* Plain Feel Exception (made up in class)
* Search Incident to Legal Arrest
* Booking
* Automobile Exception
* Inventory Exception
* Consent
* Exigency
* Stop and Frisk
* Dog Sniffs
* Special Needs
* Emergency Needs
* Hot Pursuit
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Term
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Definition
| When a police officer simply stops and talks to someone. These are mutual conversations where the party is free to leave at anytime. No justification needed. |
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Term
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Definition
| A police officer stopping and detaining an individual for a brief, investigatory period. The individual is not free to leave. Officer may search for weapons w/ reasonable suspicion. Cannot be longer than necessary. Need reasonable suspicion. |
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Term
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Definition
When the officer seizes the individual and completely restricts her rights. Need probable cause.
* Don't need a warrant to make a felony arrest, just need to see it or have probable cause (general rule)
* have to actually see a misdemeanor to make an arrest
* it is permissible to arrest someone for a non-jail time offense (i.e. not wearing a seat belt) |
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Term
| Deadly Force during Arrest |
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Definition
| Prohibited in most instances unless there is probable cuase that the arrestee is posing a serious threat of great bodily harm or death to the public. |
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