Case Laws You Need To Know:
Terry v. Ohio, 392 US 1(1968) - An officer can briefly detain a person, based upon reasonable suspicion of criminal activity, long enough to dispel the suspicion or to allow it to rise to the level of probable cause for an arrest. The officer is also permitted to do a limited "frisk" search of the person without a warrant. Before the officer can frisk search the subject, he must:
+ Have articulable facts that the person could be armed with a weapon.
+ Limit the search to pat searching the outer garments of the suspect to feel for objects that might be weapons.
+ Only reach inside the clothing after feeling such objects.
Tennessee v. Garner, 471 U.S. 1 (1985) - The use of deadly force to stop a fleeing felon is not justified unless it is necessary to prevent the escape, and it complies with the following requirements. The officer has to have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Carroll v. U.S., 267 U.S. 132 (1925) - Police may conduct a warrantless search of a vehicle stopped on traffic if there is probable cause to believe that the vehicle contains contraband or evidence.
Whren v. U.S., 517 US 806 (1996) - Through the late 1980's and into the 1990's courts were embracing the idea that an officer's subjective reasons for making a traffic stop should be considered when ruling on the validity of seizures. If the court finds that an officer's subjective reasons for making the stop was for anything other than the initial traffic offense, and that reason lacks probable cause or reasonable suspicion, the court would dismiss the charges. The U.S. Supreme Court finally addressed these types of rulings in the Whren case. The court ruled that the objective not subjective reasons for making traffic stops should be considered. An officer's intent or motivation to make a traffic stop is not relevant to the Fourth Amendment standard of "reasonableness".
Graham v Connor
The U.S. Supreme Court determined that each instance of the use of force must be judged in light of what a reasonable officer would do in each particular situation. At least three factors must be taken into consideration.
1. The severity of the crime
2. Is the suspect an immediate threat to the police officer or the public
3. Is the suspect actively resisting or evading arrest
+ Responsible for setting the “objective reasonableness” standard.
Mapp v. Ohio
Dollree Mapp’s home in Cleveland, Ohio was forcefully entered by police officers who believed that a suspected bomber was inside the house. While searching her home, officers found pornographic books.
Later, Mapp was prosecuted under an Ohio statute for knowing possession of lewd and lascivious material. She was convicted even though the prosecution was unable to produce a valid search warrant.
The majority held that all evidence obtained unconstitutionally, without a search warrant, is inadmissible in state criminal prosecutions.
Miranda v Arizona
Ever heard of your miranda rights? You have the right to remain silent?
Yeah, comes from this case. Important stuff.
Arizona v Gant
Gant was pulled over and arrested for driving while license suspended.
After being cuffed and secured in the back of a cop car, officers searched his car and found a gun and drugs. Gant moved to have the evidence suppressed as the result of an improper search.
The Arizona court convicted Gant and he petitioned to the Supreme Court claiming the search violated his Fourth Amendment rights.
Upon review, the United States Supreme Court held that the police may search a vehicle only if the arrested person is within reaching distance of the passenger compartment at the time of the search or reasonable belief that crime-related evidence is present in the vehicle exists.
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18 сен 2022
