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Police powers are divided in to 2 areas
Investigative & Arrest
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power to stop, to frisk, to order someone out of
a car, to question, to detain
Investigation Powers
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power to use force, to search, to exercise
seizure and restraint
arrest powers
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___ ___________ is the primary rule guiding the investigation activities of the police
4th amendment
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the examination or inspection of premises or
persons with a view to discovering stolen or illicit property or evidence of
guilt to be used in the prosecution of a criminal action
SEARCH
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the taking of a person or property into the custody of the law in
consequence of a violation of public law
SEIZURE
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_________ ___________Prohibits “unreasonable searches and seizures”
4th amendment
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written order, issued by a magistrate and
directed to a law enforcement officer, commanding search of a specified
premises for stolen or unlawful goods or for suspects/fugitives and the
bringing of these (if found) to the magistrate
SEARCH WARRANT
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WHICH CASE stressed the importance of maintaining an incentive for officers to
obtain search warrants whenever possible
ORNELAS V US
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___ ____ “no warrants shall issue, but upon probable
cause”
4TH AMEND.
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______ _______ refers to facts or apparent facts that are
reliable and generate a reasonable belief that a crime has been committed
PROBABLE CUASE
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WHICH CASES DEALT WITH Probable cause for search cannot be based solely on hearsay information
receieved by the police
Aguilar V. Texas (1964) & Spinelli V. US (1969)
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WHICH CASE DEALT WITH
replacing it with a “totality of circumstances”
analysis
Illinois V. Gates (1983)
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Warrantless Search – 6 Exceptions
to the rule
- 1.) A search incident to a lawful
- arrest
- 2.) Stop-and-Frisk
- 3.) Automobile Searches
- 4.) Spot Checks
- 5.) Fresh Pursuit
- 6.) Consent Searches
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