Arrest Emma Kimball, Stella baskowski, Evan Airey

Terms

To arrest someone is to take them into custody because they are thought to have committed a crime and have a probable cause.

Arrest Warrant: Law officers are allowed to arrest someone with a warrant stating the person must be taken into custody and is issued by the court. Felony cases allow officers to arrest someone without a warrant and with probable cause.

Stop and frisk: Removing any weapons the person may be carrying and patting down of outer clothing if there is suspicion that the person is armed and dangerous.

Probable cause: Having a reasonable belief that a specific person has committed a crime. Police must use own judgement but must be more than suspicion or hunch.

Reasonable suspicion: Believing someone is involved in committing a crime with even less evidence than probable cause but more than a mere hunch.

Drug courier profile: Descriptions of the age, race, personal appearance, behavior, and mannerisms of the typical drug courier. This is used to help establish probable cause.

Corroborate: Using information from other sources to confirm the informant’s tip.

Constitutional Connection:

Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Supreme Court Cases:

Miranda v. Arizona (1966)- Made the Miranda Rights which police had to tell suspects taken into custody to ensure that the suspects were informed of their rights.

Tennessee v. Garner (1985)- ruled that deadly force “may not be used unless it is necessary to prevent escape, and the officer has probable cause to believe the suspect poses a significant threat of death or serious physical harm to the officer or others”

Riley v. California (2014)- Riley was pulled over for having an expired license and when the police searched the car they found guns and arrested him for possession of firearms. They found his cellphone which was in his pocket during the arrest and searched it to find other ground to arrest him like being associated in a gang which allowed them to charge him with attempted murder and assault with a firearm. Said that during the arrest it violated his rights to also search his cell phone and that evidence on the phone should be discounted. Ruled in his favor: “the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional”

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