OPOTA Unit 2 Arrest, Search and Seizure
and Civil Liability (TRE)
The Purpose of the 4th Amendemnt to the United States Constitution - ANS-To guarantee rights
relating to arrests, searches and seizures of persons.
Proof beyond reasonable doubt (DEGREES OF SUSPICION) - ANS-Suspect may be convicted
of the crime and punishment
Probable cause to believe that the suspect is guilty (Degrees of Suspicion) - ANS-Suspect may
be arrested
Reasonable suspicion that the suspect is involved in criminal activity (Degrees of Suspicion) -
ANS-Suspect may be seized and detained for brief investigation
Hunch (Degrees of Suspicion) - ANS-Interactions must be consensual
A person is seized when - ANS-In view of all circumstances surrounding the incident, a
reasonable person would believe that he was not free to leave.
When an officer can use the rationale from Terry to detain a person - ANS-An officer may detain
an individual based upon the officers reasonable suspicion that criminal activity was being
planned or in the process of being executed
Under Terry, a lawful investigatory stop requires that an officer.. - ANS-Have reasonable
suspicion to initiate the stop, must be able to articulate this, consider totality of circumstances,
and give weight to his experience as an officer
Considerations an officer should be mindful when conducting a terry stop - ANS-Using the least
intrusive means of detention, conduct business as quickly as possible, if no additional facts are
found during stop the officer must release him, on the other hand, if additional facts that lead to
probable cause are found the officer can arrest.
The Requirements Which Must Be Established Before a Terry Pat Down/Frisk - ANS-Officer has
reasonable belief the subject is armed, AND a threat
Requirements for Plain Feel doctorine - ANS-Objects other than weapons may not be searched
for on a Terry pat down, but if an officer feels an object immediately apparent to them as
contraband, it may be seized.
-This only applies when the identity of the object is 100% APPARENT based on shape and feel
, -Officer may not seize an object that is unmistakably NOT a weapon, if further manipulation
required
-When incriminating nature is evident, seizing it does not invade the privacy beyond what
allowed at a Terry pat down
-If going into the pockets and squeezing the objects may be required you ARE invading their
privacy
-Once it's determined the object is not a weapon the search must stop unless a warrant,
probable cause or consent is there.
Evidentary standard on which to base arrest - ANS-Must be based on probable cause
Elements of probable cause to arrest are satisfied when - ANS-The officer is aware of facts and
circumstances to warrant an arrest that a reasonable person would believe that a crime has
been committed and the person about to be arrested committed the unlawful act
Sources of Info to establish probable cause - ANS--Observations
-Informant tips
-Reports from other LEO
-Leads from victim/witnesses
-Physical Evidence found at scene
-Past criminal record
-Statements from suspect
In the absence of consent or exigent circumstances, before entering a private residence to
make an arrest, officers must - ANS--Have the appropriate warrants (Search if necessary and
ARREST)
-Have reasonable belief the person being arrested is present at the address
-Knock and announce themselves
To justify a warrantless, nonconsensual entry into a private dwelling in order to make an arrest -
ANS-Exigent circumstances must be present
-Time of Day
-Gravity of offense
-Risk of danger to LEO and others
-Need to prevent escape
-Need to prevent destruction of evidence
-Hot pursuit of subject
Hot/Fresh Pursuit - ANS-Pursuit without unreasonable interruption, of a person avoiding arrest
Basis to legally seize evidence - ANS-Must be based on probable cause
Full search - ANS--Must be based on probable cause
-Used to gather criminal evidence
and Civil Liability (TRE)
The Purpose of the 4th Amendemnt to the United States Constitution - ANS-To guarantee rights
relating to arrests, searches and seizures of persons.
Proof beyond reasonable doubt (DEGREES OF SUSPICION) - ANS-Suspect may be convicted
of the crime and punishment
Probable cause to believe that the suspect is guilty (Degrees of Suspicion) - ANS-Suspect may
be arrested
Reasonable suspicion that the suspect is involved in criminal activity (Degrees of Suspicion) -
ANS-Suspect may be seized and detained for brief investigation
Hunch (Degrees of Suspicion) - ANS-Interactions must be consensual
A person is seized when - ANS-In view of all circumstances surrounding the incident, a
reasonable person would believe that he was not free to leave.
When an officer can use the rationale from Terry to detain a person - ANS-An officer may detain
an individual based upon the officers reasonable suspicion that criminal activity was being
planned or in the process of being executed
Under Terry, a lawful investigatory stop requires that an officer.. - ANS-Have reasonable
suspicion to initiate the stop, must be able to articulate this, consider totality of circumstances,
and give weight to his experience as an officer
Considerations an officer should be mindful when conducting a terry stop - ANS-Using the least
intrusive means of detention, conduct business as quickly as possible, if no additional facts are
found during stop the officer must release him, on the other hand, if additional facts that lead to
probable cause are found the officer can arrest.
The Requirements Which Must Be Established Before a Terry Pat Down/Frisk - ANS-Officer has
reasonable belief the subject is armed, AND a threat
Requirements for Plain Feel doctorine - ANS-Objects other than weapons may not be searched
for on a Terry pat down, but if an officer feels an object immediately apparent to them as
contraband, it may be seized.
-This only applies when the identity of the object is 100% APPARENT based on shape and feel
, -Officer may not seize an object that is unmistakably NOT a weapon, if further manipulation
required
-When incriminating nature is evident, seizing it does not invade the privacy beyond what
allowed at a Terry pat down
-If going into the pockets and squeezing the objects may be required you ARE invading their
privacy
-Once it's determined the object is not a weapon the search must stop unless a warrant,
probable cause or consent is there.
Evidentary standard on which to base arrest - ANS-Must be based on probable cause
Elements of probable cause to arrest are satisfied when - ANS-The officer is aware of facts and
circumstances to warrant an arrest that a reasonable person would believe that a crime has
been committed and the person about to be arrested committed the unlawful act
Sources of Info to establish probable cause - ANS--Observations
-Informant tips
-Reports from other LEO
-Leads from victim/witnesses
-Physical Evidence found at scene
-Past criminal record
-Statements from suspect
In the absence of consent or exigent circumstances, before entering a private residence to
make an arrest, officers must - ANS--Have the appropriate warrants (Search if necessary and
ARREST)
-Have reasonable belief the person being arrested is present at the address
-Knock and announce themselves
To justify a warrantless, nonconsensual entry into a private dwelling in order to make an arrest -
ANS-Exigent circumstances must be present
-Time of Day
-Gravity of offense
-Risk of danger to LEO and others
-Need to prevent escape
-Need to prevent destruction of evidence
-Hot pursuit of subject
Hot/Fresh Pursuit - ANS-Pursuit without unreasonable interruption, of a person avoiding arrest
Basis to legally seize evidence - ANS-Must be based on probable cause
Full search - ANS--Must be based on probable cause
-Used to gather criminal evidence
