Fourth Amendment:Policing 4TH Amendment CircumstancesDetentionArrestSearchesVehiclePersonHomeStops and Detentions: Justifications for Police Stop and DetentionReason police can stop and detain youConsensual Encounter = you agree to talk to them, you are free to leave and not speak if you want. Police officer stops to talk to an individual, individual can walk away at any time.Probable Cause = if you match a physical description of someone they are looking for. They can stop you and detain you. Police officer stops an individual because that person is suspected of a crime and police have evidence to support that.Reasonable Suspicion = Terry v. Ohio (1968) Police officer stops an individual engaging in activity that would lead a reasonable officer to suspect that a crime has been is being, or will be committed.Stops and Detentions: VehiclesTraffic stop: temporary stop of an individual based on probable cause/he she has committed a traffic violationWhat is probable cause to stop you? Swerving, speeding, driving under the influence, lights out, any law violation, failure to come to a full stop, illegal turn, moving violation or violation of your vehicle such as expired tags, etc.It is a form of detention – you are not free to leaveVehicle checkpoints:Dui Checkpoints:Michigan Dept. of State Police v. Sitz (1990) people were mad because they were detained and it was a violation of their rights. If you were legal/driving under the influence, the inconvenience would have been minor. Wouldn’t be that mad if you were sober.USSC – acceptable given public safety interestsDrug Checkpoints:Indianapolis v. Edmond (2000) cannot do straight drug checkpoints because they are unconstitutionalUSSC – unacceptable because not an immediate safety issueDetention of Passengers:If the driver gets detained, you will as wellMaryland v. Wilson (1997) if they ask you as a passenger to exit the vehicle, you have to.Searches of Vehicles:Knowles v. Iowa (1998) after officer writes the ticket, he searches the car without permission. The officer finds marijuana and gives him a ticket. Ruled in the offenders favor. Officer should not have searched his car.USSC – unacceptable, stop does not justify that level of instructionSearch Incident to Citation:Harris v. US (1968) probable cause to search if it’s in plain view.Item in plain-view have the right to be seized and entered as evidenceOfficer has to be there under legal circumstancesWithin your immediate reach:Chimel v. California (1969) for your safety and theirs.Applies to your home as wellSearches of a Person:Justifications for search:Pat-downs for officer safetyTerry v. Ohio (1968) “Terry Frisk”Limitations to pat-down searchesHave to be the flat palm of your handMinnesota v. Dickerson (1993)Cannot manipulate an item during a search in a Terry Pat. It was an illegal searchSearch Incident to Arrest:US V. Robinson (1973) if you are arrested you’re going to be searchedFor personal inventoryArizona v. Gant (2009) they cannot search your vehicle if you’re arrested unless they are doing an inventory of your car, then anything is fair game.Searches of Home:Justifications for search:Search WarrantsCrime is being committed at locationEvidence related to crime at location“Knock and Talks”Have to stop and not touch anything until you get a warrant approved by a judgeResident gives consent to search homeSt. Louis Firearm Suppression Program (FSP)CRJU 101 1st Edition Lecture 7Outline of Last Lecture I. Policing Continued Outline of Current Lecture II. Fourth AmendmentIII. Stops and Detentions: Justifications for police stop and detentionIV. Stops and Detentions: VehiclesV. Searches of VehiclesVI. Searches of a PersonVII. Searches of a HomeCurrent LectureFourth Amendment:- Policing 4TH Amendment Circumstanceso Detentiono Arrest o Searches Vehicle Person  Home Stops and Detentions: Justifications for Police Stop and Detention- Reason police can stop and detain you o Consensual Encounter = you agree to talk to them, you are free to leave and not speak if you want. Police officer stops to talk to an individual, individual can walk away at any time. o Probable Cause = if you match a physical description of someone they are looking for. They can stop you and detain you. Police officer stops an individual because that person is suspected of a crime and police have evidence to support that.These 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.o Reasonable Suspicion = Terry v. Ohio (1968) Police officer stops an individual engaging in activity that would lead a reasonable officer to suspect that a crime has been is being, or will be committed. Stops and Detentions: Vehicles- Traffic stop: temporary stop of an individual based on probable cause/he she has committed a traffic violation o What is probable cause to stop you? Swerving, speeding, driving under the influence, lights out, any law violation, failure to come to a full stop, illegal turn, moving violation or violation of your vehicle such as expired tags, etc. o It is a form of detention – you are not free to leave- Vehicle checkpoints:o Dui Checkpoints: Michigan Dept. of State Police v. Sitz (1990) people were mad because they were detained and it was a violation of their rights. If you were legal/driving under the influence, the inconvenience would have been minor. Wouldn’t be that mad if you were sober.  USSC – acceptable given public safety interestso Drug Checkpoints: Indianapolis v. Edmond (2000) cannot do straight drug checkpoints because they are unconstitutional  USSC – unacceptable because not an immediate safety issueo Detention of Passengers:  If the driver gets detained, you will as well Maryland v. Wilson (1997) if they ask you as a passenger to exit the vehicle, you have to. Searches of Vehicles:- Knowles v. Iowa (1998) after officer writes the ticket, he searches the car without permission. The officer finds marijuana and gives him a ticket. Ruled in the offenders favor. Officer should not have searched his car.o USSC – unacceptable, stop does not justify that level of instruction - Search Incident to Citation:o Harris v. US (1968) probable cause to search if it’s in plain view.o Item in plain-view have the right to be seized and entered as evidence o Officer has to be there under legal circumstances- Within your