AJ 4 Lecture Notes - Lecture 7: Breathalyzer, Hot Pursuit, Endangerment

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Jeff Koo
AJ 4
Criminal Law
Fall 2018
4 Units
Serving a Warrant
1. Knock and announce: officers must knock and announce their presence, authority, and
intentions. Unless it can endanger an officer then it is waived. Hudson v. Michigan
evidence seized following a violation of the rule does not have to be excluded.
2. Keep property damage to a minimum: if the property damage shocks the conscience then
officers may be held liable.
3. Use appropriate force
4. Pay attention to time constraints
5. Limit the scope and manner of searches: can only look in places where something might
be.
6. No reporters allowed: cannot bring members of the media along on the service of
warrants unless they are there to serve legitimate law enforcement function.
Warrantless Searches and Arrests
Cannot be based on offender’s past or engaging pattern of behavior similar to activity of
known criminals.
Probable cause hearing: if a person is subjected to a warrantless arrest, a hearing is held to
determine whether probable cause exists that he committed the crime.
Exigent Circumstances
Exigent circumstances: emergency or urgent circumstances Kirk v. Louisiana 2002 merely
observing a suspect committing a non violent crime is not enough to justify warrantless searches.
Hot pursuit: a legal doctrine that allows police to perform a warrantless search of premises where
they suspect a crime has been committed when delay would endanger their lives or the lives of
others and lead to the escape of the alleged perpetrator.
Must meet: police have probable cause that the suspect is on the premises to be searched,
the police must have reason to believe that an immediate apprehension is necessary, must
be commenced from a lawful vantage point, the offense in question must be serious, and
the pursuit must occur prior to or close to apprehension of the suspect.
Scott v. Harris: court ruled that officer’s force was excessive and can be sued.
Danger Of Escape: if there is a possibility that a suspect will escape if the police have to take
time to secure a warrant they may dispense the warrant requirement.
Threats To Evidence: if the police have probable cause to believe that an individual is about to
destroy critical evidence they can enter private property and seize the evidence without first
obtaining the warrant. I.e. Breathalyzer.
Breithaupt v Abram 1957 to needle or breathalyze suspect for alcohol.
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