What level of proof needed for a traffic stop - reasonable suspicion
Can you detain based off of mere suspicion - No
Info passed on by CI needs info to be predictive and have - valid reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion? - Yes, but not as stringently
At what point is suspect "seized"? - As soon as police display authority (blue lights)
A person is not "seized" until - physically restrained or voluntarily complies
If we aren't enforcing the law, we are under a - care taking function
How is caretaker function legal? - 1. RS that person is need of assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? - Consent, Incident to arrest, frisk, plainview,
inventory, exigent circumstances
Consent must be... - freely, voluntarily, and knowingly given
Person giving consent must have what? - Standing with that vehicle (exp driver)
If there is conflicting consent from two standing parties to search a vehicle, can you still search? - Yes,
but anything that is found in the vehicle can only be charged to person who gave consent
, How many people are needed to give consent? - one
When can consent be withdrawn or limited? - anytime
search incident to arrest requires - lawful custodial arrest
Is a search incident to arrest limited? - no
During search of vehicle with incident to arrest, once suspect is secure; can you search passenger
compartment? - No, unless there is reason to believe that evidence of the crime for which the arrest
was made will be found.
Frisk of car consists of... - Visual sweep of passenger compartment and only areas that may conceal a
weapon
For plainview of a vehicle, the illegal object must be - immediately obvious
Inventory can only be done if vehicle is being what? - towed
Why does the Carroll Doctrine allow us to search a vehicle without a warrant? - Its due to the exigency
of the inherent mobility of a motor vehicle.
If it has been days since a vehicle was towed and seized due to a crime, can it still be searched without a
warrant? - Yes, as long as there was a solid and secure chain of custody
Civil Liability is a - financial transaction
Liability wise, instead of use of force, we should - respond to resistance
To win a case, we need to be what about our actions? - Reasonable, justified, articulate, and defensible
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