NILEA Criminal Law
1. Federal civil rights act: -Allow the police to be criminally, prosecuted, or can be sued civilly when they
act in a way that violates peoples constitutional rights or act unlawfully.
-Examples, police oflcers acting reckless or callous way, or with evil or ill intent if they violate someone's constitutional
rights.
2. Is a valid arrest warrant, sufficient authority to enter the home of a third-par-
ty to search for the person named in the arrest warrant when you do not
have consent and you do not have exigent circumstances, even though there
is reasonable belief that the wanted person is there?: NO; the fourth amendment has
drawn aflrm line at the entrance to a residence. Without exigent, circumstances, or consent of the threshold may not
reasonably be crossed without a warrant.
-remember: to arrest the subject of a warrant in the residence of a third person, a search warrant, in addition to the
arrest warrant, should be obtained in order to protect the rights of the third person, unless consent is obtained, or
exigent circumstances, such as fresh pursuit exits.
without a search warrant: evidence found in the third person's home during the arrest, may not be admissible in a
prosecution against the person.
3. Understanding when an officer can use deadly force:: Tennessee v. Garner; unless
exigent circumstances apply, only reasonable force is necessary to seize a fleeing misdemeanor.
oflcers can only resort to deadly force if there is probable cause that the suspect has committed a felony and is a
threat to the safety to the oflcer or to the public.
A fourth amendment seizure occurs when a person fleeing the police is in fact, stopped by the very means set in
motion or put in place by the police to accomplish the stop: Whether it is a bullet, a roadblock, or some other means.
4. Lawful arrest and searching incident to arrest when someone is in their
home.: The scope of a search made incidental to a lawful arrest, includes the person of the arrestee, and the
area into which he could reach to obtain a weapon or to destroy evidence.
Immediate area, wingspan, bubble theory
5. understanding definition, different terms, and the standard to what prob-
able cause is:: The standard for an arrest is probable cause, defined in terms of facts and circumstances
, "suflcient to warrant a prudent man, in believing that the defendant had committed or was committing an ottense."
reasonable, prudent, totality of the circumstances.
1. Federal civil rights act: -Allow the police to be criminally, prosecuted, or can be sued civilly when they
act in a way that violates peoples constitutional rights or act unlawfully.
-Examples, police oflcers acting reckless or callous way, or with evil or ill intent if they violate someone's constitutional
rights.
2. Is a valid arrest warrant, sufficient authority to enter the home of a third-par-
ty to search for the person named in the arrest warrant when you do not
have consent and you do not have exigent circumstances, even though there
is reasonable belief that the wanted person is there?: NO; the fourth amendment has
drawn aflrm line at the entrance to a residence. Without exigent, circumstances, or consent of the threshold may not
reasonably be crossed without a warrant.
-remember: to arrest the subject of a warrant in the residence of a third person, a search warrant, in addition to the
arrest warrant, should be obtained in order to protect the rights of the third person, unless consent is obtained, or
exigent circumstances, such as fresh pursuit exits.
without a search warrant: evidence found in the third person's home during the arrest, may not be admissible in a
prosecution against the person.
3. Understanding when an officer can use deadly force:: Tennessee v. Garner; unless
exigent circumstances apply, only reasonable force is necessary to seize a fleeing misdemeanor.
oflcers can only resort to deadly force if there is probable cause that the suspect has committed a felony and is a
threat to the safety to the oflcer or to the public.
A fourth amendment seizure occurs when a person fleeing the police is in fact, stopped by the very means set in
motion or put in place by the police to accomplish the stop: Whether it is a bullet, a roadblock, or some other means.
4. Lawful arrest and searching incident to arrest when someone is in their
home.: The scope of a search made incidental to a lawful arrest, includes the person of the arrestee, and the
area into which he could reach to obtain a weapon or to destroy evidence.
Immediate area, wingspan, bubble theory
5. understanding definition, different terms, and the standard to what prob-
able cause is:: The standard for an arrest is probable cause, defined in terms of facts and circumstances
, "suflcient to warrant a prudent man, in believing that the defendant had committed or was committing an ottense."
reasonable, prudent, totality of the circumstances.
