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BHPD Police Manual > Legal Sourcebook > Flashcards

Flashcards in Legal Sourcebook Deck (8)
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1

What are the three types of encounters that in the Legal Resource Book?

1. Consensual Encounter

2. Detention

3. Arrest

2

The Fourth Amendment does not contain a warrant requirement. Rather it prohibits what?

"Prohibits unreasonable searches and seizures."

3

A "search" occurs when...?

A government officer infringes upon an expectation of
privacy that society considers reasonable. (Jacobsen (1984) 466 U.S. 109, 113.)

4

A "seizure" of property occurs when

There is some meaningful interference with an
individual's possessory interest in that property. (Horton (1990) 496 U.S. 128;
Bennett (1998) 17 Cal.4th 373, 385.)

5

A "seizure" of a person occurs:

(1) When a peace officer physically applies force with
the intent to restrain or

(2) When a person voluntarily submits to a peace officer's
authority. (Torres (2021) 141 S.Ct. 989; Hodari D. (1991) 499 U.S. 621, 626; Turner
(1994) 8 Cal.4th 137, 180.)

6

Can a private citizen violate the Fourth Amendment?

No. "The proscription against unreasonable search and
seizure in the Fourth Amendment applies only to the acts of government officers or
their agents."

7

Reasonable Suspicion defined.

For an investigative stop or detention to be valid, you must have "reasonable
suspicion" that: (1) criminal activity may be afoot and (2) the person you are about to
detain is connected with that possible criminal activity.

8

Reasonable suspicion" is evaluated based on objective facts.

Your subjective
thinking, i.e., the purpose behind your search or seizure (detention or arrest), should have no bearing on a court's determination of the legality of your action. Your
"subjective intentions" are irrelevant in determining whether a detention or an arrest was justified.