Topic II: Rights Flashcards
(34 cards)
Which amendment gives the right to be free from unreasonable search and seizure?
The fourth amendment
Which amendment gives the right to be free from excessive force?
The fourth amendment
What are the three main types of arrest without probable cause?
(1) False arrest claim
(2) Malicious prosecution claim
(3) Franks claim
When does a false arrest claim apply?
When there is a seizure prior to process
What is needed to make a false arrest claim?
seizure without probable cause (ex: watching someone steal a candy bar and arresting them would not be a false arrest)
When does a malicious prosecution claim apply?
When there is a seizure after process
What is needed to make a malicious prosecution claim?
(1) seizure by legal process without probable cause
(2) favorable termination of legal process
When does a Franks claim apply?
When there is deceit during the process
What is needed for a Franks claim?
(1) false or misleading statement or omission (intentionally or recklessly)
(2) statement was material to issuance of a warrant
What is a retaliatory arrest?
A false arrest or malicious prosecution but probable cause exists (p does not have to prove lack of PC)
What is required to make a retaliatory arrest claim?
P must show or produce evidence that similarly situated persons are not typically arrested (ex: J-walking)
What is the right to be free from excessive force in general?
(1) 4A right to be seized in a reasonable way
(2) Not DPC right from interference with the person
What case gives the factors are taken into account for justifying the use of force and what are the factors?
Graham v. Kingsley Factors:
(1) severity of the crime
(2) threat to the public
(3) resistance
What are the two bright line rules for Taser usage?
(1) can only use when you need to get control of a person actively resisting
(2) cannot use for passive resistance to induce compliance
What is the bright line rule for deadly force?
Can only use to counteract or address suspects behavior that poses a serious risk of bodily harm to officer or someone else
What tests are used to analyze officer escalation?
(1) Barnes: moment of threat test
(2) Mendez: objective reasonableness
How do the courts analyze the mental state of officers who use force?
(1) objectively reasonable use of force (given that officers must make split second decisions and can make mistakes)
(2) subjective intent of the seizure (means intentionally applied and a fit between the means and the ends)
When is there a violation of the right to be free from excessive force?
Subjective intent to seize and lack of objectively reasonable use of force to accomplish that seizure.
What amendment gives the right to be free from arbitrary government action?
The 14th amendment
What is considered an unlawful depravation of life, liberty, or property?
When there is (1) arbitrary conduct (2) shocking to the conscience
What did the court say in county of sacramento v. lewis?
Only a purpose to harm unrelated to the arrest would be considered arbitrary and conscience shocking.
In the fast-moving context, how does unreasonable search/seizure protection function?
The 4A does not apply to high-speed police chases. Such incidents are merely pursuits and do not constitute actual seizures, especially if they fail due to the death of the subject.
In the slow-moving context, what test is used to determine if there is a deprivation of life, liberty, or property?
Deliberate indifference test:
(1) actual knowledge of the risk of deprivation
(2) unreasonable response to the risk
What is an example of deliberate indifference to deprivation of LLP?
Washington county authority, where there was a leak of CO2 that killed someone.
