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
