2025/2026 UPDATE | WITH COMPLETE SOLUTION
4th amendment Answer - guarantee rights relating to arrest, search and
seizure
degree of suspicion and responses allowed by the constitution Answer - -
Proof beyond a reasonable doubt = conviction of criminal offense
- Probable cause (PC) = suspect can be arrested
- Reasonable suspicion= terry stop/ investigative detention
- Hunch= consensual encounter/ contact
considered to be seized Answer - - In view of all of the circumstances
surrounding the incident
- A reasonable person would believe that he/she was not free to leave
can use the rational from Terry to detain a person Answer - officers have
reasonable articulable suspicion that criminal activity was being planned or
was in the process of being executed
required to make a investigatory stop Answer - Have reasonable, articulable
suspicion to initiate the stop. The officer must be able to articulate the reasons
for his/ her belief that criminal activity was "afoot" (the officer must reasonably
suspect that...
,• A crime is about to be committed or
• A crime is being committed
consideration to be mindful of when conduction a Terry stop Answer - - Use
the least intrusive means of detention and investigation reasonably available
that will achieve a goal
- Conduct the business of the stop as quickly as possible so as to not prolong
the period of involuntary detention
requirements to establish before Terry Pat down/pat Answer - believe armed,
poses a threat to them
Plain Feel Doctrine Answer - Feels an object that he/she immediately
recognizes as contraband, may be seized even if he/she knows it is not a
weapon
evidentiary standard on which to base on an arrest Answer - probable cause
elements of probable cause to arrest Answer - a crime has been committed
and the person about to be arrested committed that unlawful act
information that can be use to establish PC to make warrant-less arrest Answer
- - personal observations,
- informants tips,
- reports from other officers or agencies,
-Leads furnished by the victim or witness,
- physical evidence, found at the scene,
- past criminal record,
,- statements made by suspect
absence of consent or exigent circumstances, must do before entering a private
residence to make an arrest Answer - - Arrest warrants, making an arrest in the
home of a third party,
-a search warrant to search the premises of the person to be arrested
May make a warrantless, non-consensual entry into a private residence in
order to make an arrest Answer - - Exigent circumstance must exist which
demand immediate response
Hot/Fresh Pursuit Answer - without unreasonable interruption, of a person
who is trying to avoid arrest
To seize evidence Answer - based on probable cause
Full Search Answer - require search warrant, based on probable cause
limited search Answer - used to disarm the person
inventory Answer - catalog property that police have taken into custody
facts required to support probable cause to conduct a search Answer - - Crime
has been or is being committed
- Specific objects associated with a crime exists
- Found in the place to be searched
, Plain View Exception to Warrant Requirement Answer - Any evidence seen by
an officer when the officer has a lawful right to search the area may be
admitted. The requirements for this exception to apply our:
1 police legitimately on the premises
2 Discover evidence in plain view
3 incriminating character immediately apparent
AND
4 police have lawful right to access the object
curtilage from open fields Answer - - The immediate area surrounding the
home
- Open Fields: Carrie no Fourth amendment protections
- Immediately adjacent to the dwelling that it is part of the house
consent search is valid Answer - - Consent is voluntarily given
- Person giving consent his authority to give consent
- No other person with authority that is present has refused
three broad categories of exigent circumstance Answer - - Lives or property is
in intimate danger or a serious crime is in progress
- evidence will be destroyed or removed if officers postpone taking action
- in hot pursuit of a felon who flees and takes refuge inside
can search incident to lawful arrest Answer - The area within the person's
immediate control