Complete Study Guide
Tennessee v. Garner (1985) - ANS✔✔ Deadly force may not be used against an
unarmed and fleeing suspect unless necessary to prevent the escape and unless
the officer has probable cause to believe that the suspect poses a significant
threat of death or serious injury to the officers or others.
Graham v Connor - ANS✔✔ determined that the reasonableness of a particular
use of force must be judged from the perspective of how a reasonable officer on
the scene would respond, rather than from the 20/20 perspective of hindsight.
Brower v. Inyo County - ANS✔✔ The impact of Brower is that a seizure employing
potential deadly force is excessive force when used to apprehend a suspect
wanted for a non dangerous offense where the suspect does not pose a
"significant threat" to the public
Sacramento County v. Lewis - ANS✔✔ 14th amendment guarantee of substantive
due process applies when "...only a purpose to cause harm unrelated to the
legitimate object of arrest will satisfy the element of arbitrary conduct shocking to
the conscience, necessary for a due process violation.
commonwealth v Davenport - ANS✔✔ The PA supreme court had held that a
Preliminary Arraignment mandated by the PA rules of criminal procedure #516 &
#518 must take place within 6 hours, unless exigent circumstances are present
, Commonwealth v Duncan - ANS✔✔ PA supreme court eliminated and modified
the 6 hour rule. The courts adopted the "totality of the circumstances" approach
New York v Quarles - ANS✔✔ Police need not give Miranda in cases where the
public safety is endangered
Commonwealth v Gary - ANS✔✔ When an officer develops probable cause that a
vehicle contains contraband or other evidence of a crime they are no longer
required to secure a warrant before searching. The officer may search the vehicle
based on that probable cause without securing a search warrant.
Commonwealth v Shelly - ANS✔✔ Consent searches DO NOT need a warrant,
probable cause or reasonable suspicion
California v Greenwood - ANS✔✔ Property discarded with clear intent to
relinquish control is subject to a warrantless search
No probable cause is required to search abandoned property
Commonwealth v Dowds - ANS✔✔ Property may be considered abandoned if the
actor denies ownership or connection to the item
Commonwealth v Shoztz - ANS✔✔ Property discarded after police intimidation is
NOT abandoned and is the fruit of an "Unlawful Seizure" or "forced
abandonment"