Arrest search and seizure

Card Set Information

Arrest search and seizure
2014-02-24 00:25:31
Flash cards

Flash cards from the power point on search and seizure
Show Answers:

  1. What is the definition of a "Charge?"
    a formal written statement presented to a court accusing a person of the commission of a crime. The charge may be made by complaint, information, or indictment
  2. What is the definition of a "Complaint?"
    a written statement charging the commission of a crime by an alleged offender, filed in the county court.
  3. What is the definition of a "Court of record?"
    any court except a municipal court unless otherwise defined by a particular section
  4. What is the definition of "Custody?"
    the restraint of a person's freedom in any significant way
  5. What is the definition of a "Felony complaint?"
    a written statement of the essential facts constituting the offense charged and shall be made upon oath before any person authorized to administer oaths within the state of Colorado
  6. What is the definition of an "indictment?"
    a written statement, presented by a grand jury to the district court, which charges the commission of a crime by an alleged offender
  7. What is the definition of an "information?"
    a written statement signed by a district attorney presented to the district court, which charges the commission of a crime by an alleged offender
  8. What is a "preliminary hearing?"
    a hearing on a complaint filed in the county court or an information filed in the district court, to determine if there is probable cause to believe that an offense has been committed and that the person charged committed it
  9. What is a "search warrant?"
    a written order made by a judge of a court of record commanding a peace officer to search the person, premises, place, property, or thing described in the search warrant and to seize property described or identified therein
  10. What is a "summons?"
    a written order or notice directing that a person appear before a designated court at a stated time and place and answer to a charge against him
  11. What is a "warrant?"
    a written order issued by a judge of a court of record directed to any peace officer commanding the arrest of the person named or described in the order
  12. Why is Kaley so awesome?
    Nobody knows, he just is.
  13. What prerequisites (3) are there for a police officer to arrest someone?
    • He has a warrant commanding that such person be arrested; or
    • Any crime has been or is being committed by such person in his presence; or
    • He has probable cause to believe that an offense was committed and has probable cause to believe that the offense was committed by the person to be arrested
  14. What kind of encounter does this describe?
    -No evidence required
    -No official powers involved
    -Suspect is free to leave
    Consensual encounter
  15. Do you need to read Miranda before questioning a person in a consensual encounter?
  16. What kind of encounter does this describe?
    -Reasonable, explainable suspicion
    -The officer may "frisk" for weapons if fearful
    -Citizen is free to leave after a reasonable time if there is no probable cause
    Stop / Investigative Detention
  17. Based on Colorado accepted practice, what is the accepted amount of time for an investigative detention?
    20-30 minutes
  18. What kind of encounter does this describe?
    -Probable cause is required
    -Perform full search, including closed containers
    -Citizen may remain silent and contact an attorney
    Arrest / custody
  19. Define a "consensual encounter"
    • A brief discussion between an officer and a private person
    • The person voluntarily cooperates with police and is free to walk away or ignore the officer’s question
    • Officer does not have to possess any kind of suspicion or explainable reason in order to contact the person
    • The courts look TO ALL OF THE CIRCUMSTANCES to determine whether the conduct of the police communicated to a reasonable person that the person was not free to decline the officer’s request or otherwise end the encounter.
  20. What are some factors that help determine whether the contact is a seizure or a consensual encounter?
    • Whether there is a display of authority or control over the suspect, such as activating a siren or any patrol car overhead lights
    • The number of officers present
    • Whether the officer approaches in a non-threatening manner
    • Whether the officer displays a weapon
    • Whether the officer requests or demands information
    • Whether the officer’s tone of voice is conversational or whether it indicates that compliance with the request for information might be compelled
    • Whether the officer physically touches the citizen
    • Whether an officer’s show of authority or exercise of control over an individual impedes that individual’s ability to terminate the encounter
  21. What level of evidence (reasonable suspicion or probable cause) is required to stop and detain a suspect for questioning?
    • Reasonable suspicion
    • Stone v People
  22. What three conditions must be met for a stop / investigative detention to be legal?
    • There is a specific and articulable basis in fact for suspecting that criminal activity has taken place, is in progress, or is about to occur (reasonable suspicion).
    • The purpose of the intrusion is reasonable.
    • The scope and character of the intrusion are reasonable related to its purpose.
  23. Can you physically move a person during a stop / investigative detention?
    No, it becomes an arrest. (may be exceptions for safety, like if you're standing in the middle of the road you can move them to the sidewalk)
  24. When must the Miranda warning be given?
    • Suspect is in custody AND
    • Subject to interrogation
  25. What is the rule dealing with a judge issuing an order for non-testimonial (physical) evidence to be given by a suspect?
    Rule 41.1
  26. Under what (3) circumstances can an officer conduct a protective (Terry) frisk of a suspect during a detention / investigative stop?
    • Police officer is investigating a violent crime (domestic abuse / crime with weapon / robbery,rape)
    • Officer has reasonable suspicion suspect has a weapon, with articulable facts why he feared for his safety
    • Consent
  27. What is required to perform a protective sweep of the passenger area of a car during a detention / investigative stop?
    a reasonable belief based on specific and articulable facts that the suspect is dangerous and may gain immediate control of weapons
  28. What two types of informants are presumed to be reliable?
    • Fellow officers
    • Citizen informants (as long as they do not wish to remain anonymous)
  29. What is required to arrest a suspect in their home (without exigent circumstances)?
    • An arrest warrant AND
    • A reasonable belief that the suspect lives at the residence AND
    • A reasonable belief that the suspect is home at the time of entry
  30. In a non-custodial arrest, you are restricted to what kinds of searches?
    • A Terry frisk of outer clothing for weapons
    • A search for instrumentalities or evidence of the specific crime for with the officer had probable cause to arrest
  31. Chimel v California : How wide of an area around the arrestee can you search incident to arrest?
    Areas within the arrestees immediate reach (lunging distance)
  32. What is the "plain view doctrine?"
    If police are where they have a right to be and inadvertently come across an object whose incriminating nature is readily apparent such object may be seized without a warrant
  33. What is the "plain smell" doctrine?
    • An extension of the plain view doctrine
    • Normally when an officer smells crime-related evidence on a suspect the smell will give the officer probable cause to search the person for evidence
  34. What is the definition of "Curtilage?"
    In law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated "open fields beyond", and also excluding any closely associated buildings, structures, or divisions that contain the separate intimate activities of its own respective occupants with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated. It delineates the boundary within which a home owner can have a reasonable expectation of privacy and where "intimate home activities" take place
  35. What level of privacy is normally expected in a front yard?
    Very low, generally an officer may enter the front yard without reasonable suspicion unless there is a locked gate, high solid fence blocking view, written notice to keep out, etc
  36. What level of privacy is expected in open fields?
  37. What are some factors determining if an area is a part of the "curtilage" of the house?
    • How close the area in question is to the home
    • Whether the area is within an enclosure (a fence, for example) surrounding the home
    • What the area is used for
    • What steps have been taken to protect the area from observations by passersby.
  38. When is the use of binoculars not considered a "search?"
    When the area could have lawfully been seen with the naked eye from a closer distance and the only reason for using binoculars was to avoid detection
  39. What is required to arrest a person inside of a third party's home?
    • An arrest warrant AND
    • A search warrant
  40. What are examples of exigencies / emergencies that qualify as valid exceptions to the warrant rule for entering a person's home?
    • The bona fide “hot pursuit” of a fleeing suspect
    • The risk of immediate destruction of evidence
    • A colorable claim of emergency which threatens the life or safety of another.
  41. When can an officer perform a protective sweep of a home?
    • Suspect arrested just inside or just outside the home
    • Reasonable suspicion that there are other people in the house that are armed or could destroy evidence