A few guys walk in front of stores, stop and whisper to each other and keep walking.Then one of them goes back to the first store, they whisper to each other more and keep walkingLaw enforcement was in their car and watching.They go up to them and asks what they’re doing.They find that 2 of them have unlawful weapons on themThe lawyer representing terry argued that the officers had no right to search him and find those weapons“Stop and frisk”If law enforcement has probable cause to believe there was suspicious activity, they have the rightIf they have probable cause or suspicion they can stop and seize youOr else they are not allowed to stop youArticulable facts with logical/reasonable inferences that support that crime is a foot.This rule is what law enforcement has to go by before they detain someone and search them.Unless the suspect consented to the search when law enforcement comes up to youIf all they say is “don’t move” that is not consentLaw enforcement is allowed to briefly question you- they cant detain you or put you into custody without any reasonable suspicionThey are allowed to detain a person to take a finger printCan not keep the suspect for a long period of time (no 3 hours or anything)Must take whatever evidence they want with reasonable forceCertain evidence they can seize is not protected under the 4th amendmentEx. Finger prints or voice prints or handwriting prints- those are not protected under the 4th amendmentSometimes law enforcement can come to a property with a search warrant to search the house and the suspect is thereThey can detain you for the time it takes to execute the search warrantBut can they search you?If there is probable cause- they can search you or if there is reasonable suspicion- they can pat you down.Law enforcement can keep a person outside while they search a propertyWhat if they come to the house and they have probable cause to search but no warrant?They may have probable cause but no jurisdiction to arrest someone- that arrest is illegalThey can still prosecute you for the crime you were arrested forThe evidence that may be obtained will be suppressed in court thoughProbable CauseHas to concentrate on a single suspect or single propertyNear proximity does not countMust be facts about a particular person is involved in the crimeBut just because someone is in mere proximity does not mean they are involved in the crimeMost of the time, law enforcement can arrest someone without an arrest warrantIf they do, after a law enforcement will draft a warrant and a magistrate will judge whether or not there was probable cause to arrest that person48 hours for them to draft and rule on itLaw Enforcement Can Arrest Someone W/o an Arrest WarrantFelony- they can arrest you without a warrantif there’s probable cause and facts you were involvedMisdemeanor- if the misdemeanor is committed in front of law enforcementOr if the officer observes facts makes him believe that the suspect did commit the crimeDomestic violence caseMight have to use forceMust be reasonable forceThey cannot use deadly force if the suspect is not using deadly resistanceWhere Can Law Enforcement Arrest SomeoneIt dependsIf it’s a felony, in public, law enforcement can arrest you without a warrantWhat if you’re at home? Hiding in your own home?Can they go in and get you?No they can’t- then they would have to get an arrest warrant to go inside and get youWhat if you hide in someone else’s house?That arrest warrant won’t be able to get them into someone else’s house, they need a search warrant to go into that third part’s houseOnce They’ve Arrested Someone…They can search you under “incident to arrest”If a person is lawfully arrested, police can search that person for weapons, evidence etc. w/o an arrest warrantHow far can that search go?The area within the arrestees immediate controlIf you’re in a car and arrest you- DUIThe compartments around the driver’s seat they can easily reachIf the police go and search the trunk, they went too farProtective SweepWhen law enforcement comes to a house, they cant search the whole house but they want toUnder this theory they can broaden the searchUnder incident to arrest, they can search the living room, kitchen, what room the suspect was in and all the adjacent rooms1. Articulable facts with rational inferences based on those facts to believe that someone else is present who may cause danger to the arrest teamThey can do a quick and limited search of the premises and anywhere they think a person can be hidingIf anything is in plane view while they are looking for a dangerous person, they can grab that as well and add to the evidence against the suspectPersonal Inventory SearchWhen one is arrested, officers can inventory every item you have in your possession on you.When they arrest you, they take away everythingPeople when released will accuse law enforcement of stealing their stuff they tookIt protects the suspect and also law enforcementAlso helps to determine your identityHelps insure the safety of other people in the jailThey may confiscate things from someoneIf they do and there is no other exception, they will need a search warrant to open something that is closed and confiscatedIf they confiscate some piece of property and they want to open they need a search warrantCRJU 203 1st Edition Lecture 10Outline of Current Lecture I. Detaining a. Terry vs. Ohio II. Terry Search III. When police are going to arrest someone when IV. Probable cause to arrest someone V. Law enforcement can arrest someone without an arrest warrantVI. Where can law enforcement arrest someone? VII. What happens after they arrest someoneVIII. Protective sweep IX. Personal inventory search Current Lecture When Law Enforcement detains a person- A detaining occurs when police stop you and they say “stop there” or “don’t move” or hold you in one spot. - Law enforcement does need the constitutional right to stop someone from moving or tell him or her to stay in one place. -Terry vs. Ohio A few guys walk in front of stores, stop and whisper to each other and keep walking.  Then one of them goes back to the first store, they whisper to each other more and keep walking  Law enforcement was in their car and watching.  They go up to them and asks what they’re doing.  They find that 2 of them have unlawful weapons on them  The lawyer representing terry argued that the officers had no right to