Evanescent EvidenceSome evidence can be destroyed or disappear quicklyIf that is the case, law enforcement can use force to obtain that evidenceBut the force cannot be brutalInvestigated StopsLaw enforcement needs some authority to stop you in the first placeTerry vs. OhioReasonable suspicion is enough for law enforcement to stop you and search or pat downIf law enforcement it tipped off by someone that anonymously calls the station and alerts them, they can stake it out and see if the information is trueReasonable suspicionIdentification LawsSome states have passed laws that if law enforcement asks for your name, you have to identify yourselfThose laws are unconstitutionalPeople have the right to not tell their real name under some personal circumstancesOnce police has reasonable suspicion, they do a “Terry Search” all of a sudden and stop and ask who you are then you do have to answer who you areReasonable SuspicionUnprovoked flight- taking off when police get to youDoes constituted reasonable suspicionThat detention when they get you has to be briefAutomobile stops:When can they stop you?If they have suspicion of a specific traffic violation or a crime (description of a suspect)Check points- but not all check pointsThey set up sobriety check points- might check every other car or every 2 carsSet up for the safety of the roadsThey have a good reason to stopThey can set up check points to check for licenses and registrations of driversInformational checkpointLaw enforcement needs information and they don’t know how else to get itSo they set up a check pointYou get there and they stop you and ask you some questions pertaining to a case they are onGeneral criminal activity check pointsUnconstitutionalThey cant have the narcotics dogs at the check point to check if anyone has drugsThat isn’t safeWhen a person is pulled over for a driving offense the police can make you get out and everyone in the carThey can then bring the drug dogsThey had a specific reason to stop youThey can only put the dogs around your car for the amount of time it takes to address the traffic violationIn a Car and Police Stop You…If police come up to you when they pull you over and ask “any drugs or guns in the car?” and you answer no, they will ask “mind if I search?”Better if you say they can search, and time their searchThey can hold you on the side of the road to fish in your car for that longAirport StopsWhen you enter an airport, you technically agree to be searched at any pointYou are seized when you can not leave in any wayIf they believe there is suspicion of a crime, they can detain youIf they even hold your luggage, that is detaining you as well“Drug Carrier Profiles” in AirportsThese are constitutionalIf you meet a drug carrier profile, they can detain you for a short period of timeProblem is: they are everywhere!Just about anyone can meet this profileRacial profiling is included in these profilesMost Common Types of Searches Happen W/o WarrantsAlmost all the searches that happen barely have warrants to give them the rightAfter the search happens, the judge hears the details of the searchAnd they will determine whether it was reasonable or unreasonableOne way they can search you without a warrant:Exigency search- not necessarily a true emergencyNo time to get a search warrantPolice can enter a house immediately to chase a suspect into a houseOr wait a short time and go in and get himEither destruction of incriminating evidence is imminentHigh likelihood of violenceScope of the search?They have to go into the house until they find himAlso evidence of the a crime (weapons, etc)Incident of arrestWarrant-less Searches of CarsCars have a reduced expectation of privacyCars are mobile, you can move them quickly and use them violentlyFerries, house boats, boats, RV’sOnce a car is stopped, and they believe there is contraband in the car, police can search it immediatelyOr they can secure the car and get a warrantOr they can tow it to the police station and get it searched thereContainers or closed areas do not need a warrant to be searched IFThere is reason to believe contraband is somewhere in the carOr contraband in that containerCRJU 203 1st Edition Lecture 11Outline of Current Lecture I. Evanescent Evidence II. Investigated Stops III. Identification Laws IV. Reasonable Suspicion a. Automobile Stops V. In a Car and Police stop you…VI. Airport Stops VII. “Drug Carrier Profiles” VIII. Most Common Types of Searches IX. Warrant-less Searches of Cars Current LectureEvanescent Evidence - Some evidence can be destroyed or disappear quickly- If that is the case, law enforcement can use force to obtain that evidence - But the force cannot be brutal Investigated Stops- Law enforcement needs some authority to stop you in the first place o Terry vs. Ohio  Reasonable suspicion is enough for law enforcement to stop you and search or pat down - If law enforcement it tipped off by someone that anonymously calls the station and alerts them, they can stake it out and see if the information is true o Reasonable suspicion Identification LawsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Some states have passed laws that if law enforcement asks for your name, you have to identify yourself - Those laws are unconstitutional o People have the right to not tell their real name under some personal circumstances - Once police has reasonable suspicion, they do a “Terry Search” all of a sudden and stop and ask who you are then you do have to answer who you are Reasonable Suspicion - Unprovoked flight- taking off when police get to you o Does constituted reasonable suspicion o That detention when they get you has to be brief - Automobile stops: o When can they stop you? If they have suspicion of a specific traffic violation or a crime (description of a suspect) Check points- but not all check points  They set up sobriety check points- might check every other caror every 2 cars  Set up for the safety of the roads  They have a good reason to stop They can set up check points to check for licenses and registrations of drivers  Informational checkpoint  Law enforcement needs information and they don’t know howelse to get it  So they set up a check point  You get there and they stop you and ask you some questions