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Class Ten: Stop and Frisk; Warrant Exceptions

Use of Force to Arrest. Reasonable force permissibleSeverity of crime, immediate threat to safety, resistance to arrest or flightDeadly force: killing is

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Class Ten: Stop and Frisk; Warrant Exceptions

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    1. Class Ten: Stop and Frisk; Warrant Exceptions

    2. Use of Force to Arrest Reasonable force permissible Severity of crime, immediate threat to safety, resistance to arrest or flight Deadly force: killing is “seizure” Police use of deadly force is permissible if officer has PC that suspect poses a significant threat of death or serious injury to the officer or public, and that force is necessary to make arrest or prevent escape(TN v. Garner)

    3. Seizures by Pursuit? US Supreme Court: No (CA v. Hodari D) Seizure only by physical apprehension, or submission to police assertion of authority No RS needed to pursue, and any evidence seized during pursuit admissible (why?)

    4. Detentions and “De Facto” Arrests Length - detention may be no longer than necessary to effectuate purposes Location - investigation at scene of detention; anything but de minimis movement elevates to arrest Cuffing indicative of arrest but not dispositive Character of any search performed Police communications to individual “Fingerprint” warrants? (Kaupp v. TX)

    5. Limitations on a “Frisk” Limited to brief pat-down of outer clothing of individual Item reasonably suspected to be weapon can be removed and inspected Further search permissible if police develop PC of contraband without expanding scope of pat down (MN v. Dickerson) Car “frisk” (MI v. Long)

    6. Reasonable Suspicion Reasonable suspicion for a detention exists when, in view of the totality of the circumstances, an officer has a particularized and objective basis for suspecting the person to be stopped of criminal activity Always RS of some substantive criminal offense (note role of state law in defining scope of Fourth Amendment)

    7. Quantity of Information Lower than probable cause Roughly 30%

    8. Quality of Information Mere hunch insufficient Police experience and training credited (Terry; US v. Arvizu) Less reliable info also permissible (AL v. White) “High crime area”, flight as factors Refusal to answer questions? (Hiibel v. Sixth Judicial Court of NV)

    9. Problem 3-9 Did police have RS to detain (or PC to stop)? Does it matter that ground for attempted stop was pretextual? Was Johnson seized before disposing of bag? Was police use of force unreasonable? Should any evidence be suppressed as a result?

    10. Is race a permissible factor? OK if witness description includes race Impermissible as sole basis for stop by roving patrol (US v. Brignoni-Ponce) Permissible as sole basis for secondary inspection at immigration roadblock (US v. Martinez-Fuerte)(initial stop permissible without any suspicion)

    11. Next time: Exceptions to the Warrant Requirement, pp. 332-379

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