MN Reciprocity Study Guide
MN v. Dickerson - ANS --Being patted down, felt a bump in pocket, manipulated it then
took it out
-Wrong, it has to be immediately apparent
Terry v. Ohio - ANS -Police can search and seize with probable cause
Miranda v. Arizona - ANS -Supreme Court held that criminal suspects must be informed
of their right to consult with an attorney and of their right against self-incrimination prior
to questioning by police.
Graham vs. Connor - ANS -Use of Force Case Law Reference
CONSIDERATIONS:
-Severity of crime
-Subject poses immediate threat
-Subject actively resisting
REASONABLENESS:
• Judged from the perspective of a reasonable officer
• W/O 20/20 hindsight
• Based on facts/circumstances confronting ofc w/o regard to the ofc's intent or
motivation
•Based on knowledge ofc acted properly under est law @time
Mapp v. Ohio - ANS -Established the exclusionary rule was applicable to the states
(evidence seized illegally cannot be used in court)
MN v Olson - ANS -There were no exigent circumstances existing that justified entry into
the home that Olson was staying at
United States v McGauley - ANS -After a police officer stops a vehicle, they may ask the
detainee questions in order to dispel or confirm his suspicions, but questioning is limited
in scope to the circumstances that justified the stop.
MN v Askerooth - ANS -Askerooth was not illegally seized when he was placed in the
back of the squad car, the drugs he abandoned in the squad car are not the fruit of an
illegal seizure and the district court did not err by denying the motion to suppress
MN v Wiegand - ANS -An investigative detention must be temporary and last no longer
than is necessary to effectuate the purpose of the stop
,MN v Moffatt - ANS -police may continue to detain a person only "as long as the
reasonable suspicion for the detention remains.
MN v Fort - ANS -If there was no objective reason to expand or prolong the Fourth
Amendment seizure, subsequent investigative questioning, requests for consent to
search, or searches are illegal. Therefore, resulting evidence must be suppressed
MN v Carter - ANS -Any search which may have occurred did not violate Fourth
Amendment rights because he was merely present with the consent of the householder
MN v Pike - ANS -Can stop vehicle if it is believed the driver is revoked
MN v Henning - ANS -Can't stop a vehicle that only has special series plate WX
MN v Scales - ANS -requires electronic recording of custodial interrogations
MN v. Leake - ANS -Premeditation must be proved in order to be charged with Murder 1
Katz v. United States - ANS -Electronic surveillance; the court held that they must have a
warrant to tap your phone or video record you
Tennessee vs. Garner - 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.
What are the 3 levels of sex offenders and their chances of re-offending? - ANS -Level I-
Lowest risk of re-offense
Level II- Moderate risk of re-offense
Level III- Highest risk of re-offense
What is a nightcapped warrant and when can it be served? - ANS -A nightcapped warrant
authorizes law enforcement to execute the warrant at any time.
When can a warrant for arrest be made?
(Felony, gross misdemeanor, misdemeanor) - ANS -An arrest for a felony or gross
misdemeanor may be made on any day and at any time of the day or night.
An arrest for a misdemeanor may not be made on Sunday or between 10:00 p.m. and 8:00
a.m. on any other day except:
- when the judge orders in the warrant that the arrest may be made between those hours
-or-
- when the person named in the warrant is found on a public highway or street.
,What is a crime for passing a school bus when children are not outside of it?
When children are outside of the bus? - ANS -Misdemeanor if no child is out
Gross misdemeanor if child is out or person passes on the right hand side
How many hours can an officer arrest a person after they were believed to have passed a
school bus illegally? - ANS -A peace officer may arrest the driver of a motor vehicle if the
peace officer has probable cause to believe that the driver has operated the vehicle in
violation of subdivision 1 (children on or off) or 1a (passing on right) within the past 4
hours.
Custody - ANS -Protective care or guardianship of someone or something
What is stalking and penalty? - ANS -Harassment: engage in intentional conduct which
the actor knows/has reason to know victim would feel frightened, threatened, oppressed,
persecuted, or intimidated and causes such reaction(s)
Gross misdemeanor. Felony: stalking based on race, color, religion, sex, sexual
orientation, disability, or national origin; or stalking by falsely impersonating another or
with a dangerous weapon; or stalks a victim under 18 and actor is more than 36 months
older than victim. Note: if person stalked and used a firearm, court may order that person
not possess any firearm between 3 years and life.
Penalty for Repeat Offense- Felony: if repeat or has certain prior convictions within 10
years of discharge
Arraignment - ANS -Court proceeding at which the defendant is informed about the
charges and penalties
*This is the 1st court appearance
Circumstantial evidence - ANS -evidence that tends to prove a fact by proving other
events or circumstances (Series of facts)
Double Jeopardy - ANS -The prosecution of a person twice for the same offense
Entrapment - ANS -Tricking someone into committing a crime to secure their
prosecution
Exigent Circumstances - ANS -Circumstances that would cause a reasonable person to
believe that entry into a home or building was necessary to prevent physical harm,
destruction of evidence, or escape
Conviction - ANS -Proving someone guilty of an offense
, Probation - ANS -Court-ordered sanction imposed upon an offender for a period of
supervision no greater than that set by statute. It is imposed as an alternative to
confinement or in conjunction with confinement or intermediate sanctions.
The purpose of probation is to deter further criminal behavior, punish the offender, help
provide reparation to crime victims and their communities, and provide offenders with
opportunities for rehabilitation.
Exclusionary rule - ANS -A law that prohibits the use of illegally obtained evidence in a
criminal trial
(4th Amendment)
Indictment - ANS -A formal charge or accusation of a serious crime
Inevitable discovery - ANS -A doctrine that permits admission of evidence obtained
illegally if it would had "inevitably" have been obtained regardless of the illegality
(4th Amendment)
Probable cause - ANS -Requirement found in 4th Amendment that must be met before
making an arrest, conduct a search, receive a warrant (more than just a suspicion)
-Illinois v. Gates-
Miranda warning - ANS -Must be read when a person is placed into custody and before
questioning. Without warning, any statements made may be inadmissible in court
(5th and 6th Amendments)
-Miranda v. Arizona-
Reasonable suspicion - ANS -Must be based on specific and articulable facts and must
be associated with that specific person
Can briefly stop and detain
-Terry v. Ohio-
Warrant - ANS -A legal paper, issued by a court, giving police permission to make an
arrest, seizure, or search.
Parole - ANS -The release of a prisoner temporarily (for a special purpose) or
permanently before the completion of a sentence, on the promise of good behavior.
MN v. Dickerson - ANS --Being patted down, felt a bump in pocket, manipulated it then
took it out
-Wrong, it has to be immediately apparent
Terry v. Ohio - ANS -Police can search and seize with probable cause
Miranda v. Arizona - ANS -Supreme Court held that criminal suspects must be informed
of their right to consult with an attorney and of their right against self-incrimination prior
to questioning by police.
Graham vs. Connor - ANS -Use of Force Case Law Reference
CONSIDERATIONS:
-Severity of crime
-Subject poses immediate threat
-Subject actively resisting
REASONABLENESS:
• Judged from the perspective of a reasonable officer
• W/O 20/20 hindsight
• Based on facts/circumstances confronting ofc w/o regard to the ofc's intent or
motivation
•Based on knowledge ofc acted properly under est law @time
Mapp v. Ohio - ANS -Established the exclusionary rule was applicable to the states
(evidence seized illegally cannot be used in court)
MN v Olson - ANS -There were no exigent circumstances existing that justified entry into
the home that Olson was staying at
United States v McGauley - ANS -After a police officer stops a vehicle, they may ask the
detainee questions in order to dispel or confirm his suspicions, but questioning is limited
in scope to the circumstances that justified the stop.
MN v Askerooth - ANS -Askerooth was not illegally seized when he was placed in the
back of the squad car, the drugs he abandoned in the squad car are not the fruit of an
illegal seizure and the district court did not err by denying the motion to suppress
MN v Wiegand - ANS -An investigative detention must be temporary and last no longer
than is necessary to effectuate the purpose of the stop
,MN v Moffatt - ANS -police may continue to detain a person only "as long as the
reasonable suspicion for the detention remains.
MN v Fort - ANS -If there was no objective reason to expand or prolong the Fourth
Amendment seizure, subsequent investigative questioning, requests for consent to
search, or searches are illegal. Therefore, resulting evidence must be suppressed
MN v Carter - ANS -Any search which may have occurred did not violate Fourth
Amendment rights because he was merely present with the consent of the householder
MN v Pike - ANS -Can stop vehicle if it is believed the driver is revoked
MN v Henning - ANS -Can't stop a vehicle that only has special series plate WX
MN v Scales - ANS -requires electronic recording of custodial interrogations
MN v. Leake - ANS -Premeditation must be proved in order to be charged with Murder 1
Katz v. United States - ANS -Electronic surveillance; the court held that they must have a
warrant to tap your phone or video record you
Tennessee vs. Garner - 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.
What are the 3 levels of sex offenders and their chances of re-offending? - ANS -Level I-
Lowest risk of re-offense
Level II- Moderate risk of re-offense
Level III- Highest risk of re-offense
What is a nightcapped warrant and when can it be served? - ANS -A nightcapped warrant
authorizes law enforcement to execute the warrant at any time.
When can a warrant for arrest be made?
(Felony, gross misdemeanor, misdemeanor) - ANS -An arrest for a felony or gross
misdemeanor may be made on any day and at any time of the day or night.
An arrest for a misdemeanor may not be made on Sunday or between 10:00 p.m. and 8:00
a.m. on any other day except:
- when the judge orders in the warrant that the arrest may be made between those hours
-or-
- when the person named in the warrant is found on a public highway or street.
,What is a crime for passing a school bus when children are not outside of it?
When children are outside of the bus? - ANS -Misdemeanor if no child is out
Gross misdemeanor if child is out or person passes on the right hand side
How many hours can an officer arrest a person after they were believed to have passed a
school bus illegally? - ANS -A peace officer may arrest the driver of a motor vehicle if the
peace officer has probable cause to believe that the driver has operated the vehicle in
violation of subdivision 1 (children on or off) or 1a (passing on right) within the past 4
hours.
Custody - ANS -Protective care or guardianship of someone or something
What is stalking and penalty? - ANS -Harassment: engage in intentional conduct which
the actor knows/has reason to know victim would feel frightened, threatened, oppressed,
persecuted, or intimidated and causes such reaction(s)
Gross misdemeanor. Felony: stalking based on race, color, religion, sex, sexual
orientation, disability, or national origin; or stalking by falsely impersonating another or
with a dangerous weapon; or stalks a victim under 18 and actor is more than 36 months
older than victim. Note: if person stalked and used a firearm, court may order that person
not possess any firearm between 3 years and life.
Penalty for Repeat Offense- Felony: if repeat or has certain prior convictions within 10
years of discharge
Arraignment - ANS -Court proceeding at which the defendant is informed about the
charges and penalties
*This is the 1st court appearance
Circumstantial evidence - ANS -evidence that tends to prove a fact by proving other
events or circumstances (Series of facts)
Double Jeopardy - ANS -The prosecution of a person twice for the same offense
Entrapment - ANS -Tricking someone into committing a crime to secure their
prosecution
Exigent Circumstances - ANS -Circumstances that would cause a reasonable person to
believe that entry into a home or building was necessary to prevent physical harm,
destruction of evidence, or escape
Conviction - ANS -Proving someone guilty of an offense
, Probation - ANS -Court-ordered sanction imposed upon an offender for a period of
supervision no greater than that set by statute. It is imposed as an alternative to
confinement or in conjunction with confinement or intermediate sanctions.
The purpose of probation is to deter further criminal behavior, punish the offender, help
provide reparation to crime victims and their communities, and provide offenders with
opportunities for rehabilitation.
Exclusionary rule - ANS -A law that prohibits the use of illegally obtained evidence in a
criminal trial
(4th Amendment)
Indictment - ANS -A formal charge or accusation of a serious crime
Inevitable discovery - ANS -A doctrine that permits admission of evidence obtained
illegally if it would had "inevitably" have been obtained regardless of the illegality
(4th Amendment)
Probable cause - ANS -Requirement found in 4th Amendment that must be met before
making an arrest, conduct a search, receive a warrant (more than just a suspicion)
-Illinois v. Gates-
Miranda warning - ANS -Must be read when a person is placed into custody and before
questioning. Without warning, any statements made may be inadmissible in court
(5th and 6th Amendments)
-Miranda v. Arizona-
Reasonable suspicion - ANS -Must be based on specific and articulable facts and must
be associated with that specific person
Can briefly stop and detain
-Terry v. Ohio-
Warrant - ANS -A legal paper, issued by a court, giving police permission to make an
arrest, seizure, or search.
Parole - ANS -The release of a prisoner temporarily (for a special purpose) or
permanently before the completion of a sentence, on the promise of good behavior.
