Arrest, Search & Seizure 2013 1 REVIEW OF THE UNDERLYING - - PowerPoint PPT Presentation

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Arrest, Search & Seizure 2013 1 REVIEW OF THE UNDERLYING - - PowerPoint PPT Presentation

Sep 03, 2023 298 likes •469 views

Arrest, Search & Seizure 2013 1 REVIEW OF THE UNDERLYING CONCEPTS 2 Standing If a person does not have a privacy interest in the place to be searched, they lack standing to object to the search. Do they live there or are they

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Arrest, Search & Seizure

2013

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REVIEW OF THE UNDERLYING CONCEPTS…

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Standing…

  • If a person does not have a privacy interest in

the place to be searched, they lack standing to

  • bject to the search.
  • Do they live there or are they an overnight

guest?

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Probable Cause

  • Facts and Circumstances, based on observations

and/or information which would lead a reasonable officer to believe that a crime has been committed and the arrestee is the person who committed it.

  • Facts and Circumstances, based on observations

and/or information which would lead a reasonable officer to believe that evidence/contraband exists and to believe it exists at the location to be searched.

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Reasonable Suspicion

  • Facts and circumstances, based on
  • bservation and/or information which would

lead a reasonable officer to believe that criminal activity is afoot gives the power to stop and investigate.

  • Facts and Circumstances, based on
  • bservation and/or information to believe

that a person is armed and dangerous.

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What does it all mean…

  • The test for probable cause is not reducible to

precise definition or quantification…All we have required is the kind of "fair probability"

  • n which "reasonable and prudent [people,]

not legal technicians, act.

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Remember…

  • The greater the government interest, the

more power government and government actors have to act.

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The report…

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If there is no seizure…it doesn’t matter and there is no fruit of the poisonous tree issue

  • Physical- stopping of movement by means

intentionally applied.. Brower v. Inyo County

  • Show of Authority….Show of Authority +

Compliance…California v. Hodari D.

  • If there is valid consent…it also does not

matter

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Arrest

  • If a person is involuntarily transported to a law

enforcement facility there must be probable cause to believe the person has committed a

  • crime. See e.g. Dunaway v. New York.
  • Most courts now say if you involuntarily

transport…a full blown arrest, which must be supported by probable cause has occurred.

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Task: Electronic Surveillance of Vehicle

U.S. v. Jones, ___U.S.___; 132 S.Ct. 945 (2012). Two methods of analysis…

  • If you have to trespass, there is a search

under the 4th Amendment

  • Did the person exhibit a subjective

expectation of privacy and is that subjective expectation one that society is willing to accept as reasonable

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What’s new…2013

SO FAR….

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Florida v. Harris

Florida v. Harris- no checklist for determining dog’s reliability...

  • Operational Performance many not be reliable
  • False Positives may not be false

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Bailey v. United States

Subjects Left area Pre-execution of warrant

  • Followed for 1 mile-5 minutes
  • Immediate vicinity requirement

– Boundary of Property – Line of sight – Ability to re-enter

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Some Additional Points…

  • Search of Persons…e.g. odor of marijuana
  • Homes
  • Vehicles

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