Arrest © Probable Cause Terry Stop is not necessarily an unreasonable seizure An Arrest occurs when the subject submits or PO takes actual physical control Seizure is unreasonable –PO lacks reasonable grounds for seizure Lacks PC Unable to articulte facts to support reasonable suspicion –PO failed to obtain a AR warrant when one was necessary (arrest inside home) –PO uses excessive force

Consequences of Illegal Arrest © Exclusionary Rule Lawsuit under 1983 or State Law PO’s arrest

Three Types of Citizen Encounters © Voluntary Encounters/Consensual Terry Stops/Investigative Arrests

Free to Leave © Time and place Number of POs PO speaks in authoritarian voice Uses overbearing or threatening language PO touching subject Po surrounding suspect Po obstructing path of exit Draw a weapon PO tells subject they are a suspect Suspect is lone or with others Did PO tell suspect they are free to leave Barricades or roadblocks Firing weapon or firing warning shot Yelling stop or freeze Handcuffing or grabbing Grabbing car keys or DL

PO/Subject Participation © PO’s level of cognition Hunch Reasonable suspicion PC Subjects participation Choice Somewhere in between No Choice

Informant © Someone who wishes to remain anonymous or did they identify themselves Provides detailed account of criminal activity they observed Provides a description sufficient to enable police to identify subject When tip carries low reliability –Police must corroborate information independently such as predicting subjects actions Info from other POs is reliable for PC but will be excluded if original PO was inaccurate.

Terry/Investigative Stop © Communicate with others to verify subjects explanation Computer check Show-up identification Finger print detainee Bring in the Narco Dogs Request permission to –Conduct Search –Administer Breathalyzer –Perform other procedures to further investigation with permission NO MIRANDA WARNINGS

Terry /Investigative Stop No/Nos © Taking subject to police station Searching subject for anything other than a weapon Displaying weapon, using handcuffs or placing subject in to squad car unless these measures are necessary for safety Moving the subject to a second location when the move in not necessary to further investigation or safety Investigating matters beyond the scope of the stop for which the officer lacks RS

US v. Place © “Do nothing that is more intrusive than necessary to accomplish the purpose of the stop, having due regard for safety.” 90 minutes is generally to long for a terry stop.

Traffic/Vehicle Stops © All vehicle stops = seizure PC to make traffic stop/RS to stop motorist for investigation PO cannot randomly stop motorists for DL or Registration Checks –Roadblocks are not random in that they are authorized and regulated by police management prior to being instituted Pretextual traffic stops are authorized and subjective reasons are irrelevant

What Can PO Do During Traffic Stop © Order motorist and passengers out of the vehicle and remain outside during stop Ask if they have weapons in vehicle Visually look inside vehicle & shine flashlight Run criminal background check RS that occupants are armed and dangerous to frisking occupants & searching passenger compartment Asking about drugs in vehicle courts have found is productive use of downtime during traffic stop De-escalating traffic stop into a voluntary encounter is acceptable Physical arrest for traffic violation is OK but no arrest for traffic citation Racial profiling is not OK

A Constitutional Arrest © Terry v. Ohio creates a distinction between an arrest and a defacto arrest Prompt review of a warrantless arrest –48hours –Preliminary Hearing in Cook County PC for arrest PC for Search Warrant = Probability that evidence of criminality, or contraband, is located on the premises

Specific Articulable Facts to Establish PC © Physical Evidence Info from other Law Enforcement Agencies Police Records Eyewitnesses Victims Informants Rational Inferences based on experience Furtive movements False or Improbable answers

Warrants © Person to be seized must be described with particularity To arrest someone in their own home –Need an Arrest Warrant unless –Exigent circumstances To arrest someone at someone elses home –You need a SW for the home and an AW for the person Knock and Announce

Exceptions to the SW Requirement © Exigent Circumstances (only for serious offenses) –Endangered lives –Enable suspect to escape –Lend to evidence destruction Hot pursuit

Use of Force/Deadly Force in Making a Seizure © Use the “reasonable officer standard” and force should be examined from the perspective of the precise moment the decision to use it is made. Use for these three reasons only: Self Protection and to protect others Overcome resistance Prevent escape

Tennessee v. Garner © Deadly force should not be used to Seize a fleeing felon suspected of committing a non-violent crime. Deadly force should be used only when: PO, or someone else, is in danger of threat likely to cause death or great bodily harm (self defense or the defense of others) Belief that arrest will be defeated by using a gun or other deadly weapon Escape of person to be arrested will endanger the public

Necessary Use of Force ©