1. What are the different types of seizures? When does a seizure occur? When does an
a. There must be a warrant based on probable cause for a seizure.
b. Types of seizures:
i. Arrests- prolonged seizures, usually-but not always- involving a trip to the
police station and prosecution for the crime.
1. Arrests are permissible if the police have probable cause to
believe that the person has committed, is about to commit, or is
committing a crime.
2. Elements of an arrest- seizure and detention, intention to arrest,
arrest authority, and the understanding of the individual that he or
she is being arrested.
ii. Stops- Requires less justification than an arresth is an intermediate step
between an investigation not implicating the 4 amendment and an arrest
of a suspect based on probable cause.
1. A stop is justified if there is a reasonable belief that the person is
committing, has committed, or is about to commit a crime
2. ordering a person to "halt", to "freeze", or to "stop"; • ordering a
person to answer questions; • turning on a police's car's siren or
emergency lights; • displaying a weapon pointed at the person; •
roadblock- show of authority.
2. What are the limits on the arrest power? WHO may arrest, WHEN may an arrest
occur, and WHAT types of arrest are there? What may police do after arresting
a. Some things police can do after an arrest: search the individual, search area of
immediate control, search the passenger compartment of a motor vehicle, use
handcuffs, monitor the movements of the individual, search the arrestee at the
place of detention, and collect a DNA sample.
b. What police cannot do: cannot enter third-party residence, except in exigent
circumstances, conduct a warrantless weep, cannot invite the media to ride along.
3. Explain when police may use force, and when they may use deadly force to make an
a. To make an arrest, police may use reasonable force.
b. As the amount of resistance by the person being arrested moves up the spectrum,
police are allowed to use more and more force.
4. What is the “knock and announce rule”, and what are the most common exceptions
a. Police have to do this when they come to someone’s house with an arrest warrant.
Something like “police, warrant, open up.” They also have to give them a
reasonable amount of time to open the door.
b. Common exceptions: when announcing presents a significant threat of danger to
the officers, when there is danger that contraband or other property sought might
be destroyed, when the officer reasonably believes that persons within the
premises are in imminent peril of bodily harm (like hearing a scream), when
people within are reasonably believed to be escaping because they are aware of the presence of the police, or when the person to be arrested is in the process of
committing the crime.
5. How do search warrant execution procedures differ from arrest warrant
a. Search warrant- directing a peace officer to search for property connected with a
crime and bring it before the court.
i. Must state the facts that establish probable cause in a written and signed
ii. Search & seizure is valid under the 4 Amendment only if made w/
iii. Searches w/o a warrant may be valid but they are the exception rather than
iv. Four requirements: probable cause, a supporting oath or affirmation, a
description of the place to be searched and the things to be seized, and the
signature of a magistrate.
b. Arrest warrant
i. A warrant is needed:
1. In home entries for minor offenses.
2. If the suspect is in a private residence and there is no reason for an
c. Can arrest w/o a warrant in five situations: felonies committed in the presence of
officers, misdemeanors committed in the presence of officers, crimes committed
in public places, when exigent (emergency) circumstances are present, and when
there is danger to the arresting officer.
6. Compare and contrast administrative searches and special needs of law enforcement
searches with other searches.
a. Administrative & Special Needs searches are the same things.
i. Types of activities that are not conducted by the police but by health and
safety inspectors. They make sure that the regulations required are being
ii. Other searches require probable cause to believe that a crime has been
committed and is directed at that person.
7. Define probable cause, and compare it with reasonable suspicion, mere suspicion,
and proof beyond a reasonable doubt.
8. Explain the rational behind allowing a police officer to conduct a “terry stop”.
a. The police have the authority to stop a person w/o probable cause, so long as there
is reasonable suspicion to believe that the person has committed a crime or is
about to commit a crime. The perso