Exam 12: Field Interviews, Arrests and Jail Searches

What are the potential consequences if a police officer uses more force than was necessary to make an arrest?

If a teacher has reasonable suspicion that a student is in violation of school rules because he has bubble gum in his shirt pocket, the teacher:

Jack was hanging out in a gang-infested neighborhood. Officer Knight watched Jack walk up to a car in the parking lot of a fast-food place. From where Officer Knight's police car was located about 50 feet away, it looked like Jack had started an argument with the driver of the car. Officer Knight exited his car and walked rapidly toward Jack. When he was 10 feet away, he yelled at Jack to step back from the car and put his hands up. Jack took one look at Officer Knight and ran the other direction. Officer Knight saw an unidentified object in Jack's hand that he thought might be used as a weapon, so he fired two shots. One shot missed but the other struck Jack in the leg. Immediately after arriving at the spot where Jack fell, Officer Knight searched him and found 3 baggies of marijuana in his pocket. Did Officer Knight have the right to search Jack's pockets?

Lonnie was riding his bike through a residential neighborhood. He failed to stop for a stop sign and barely avoided a collision with a car. Officer Mertz stopped Lonnie with the intent to warn him that he had violated a section in the Vehicle Code that applies to bicyclists. Once Officer Mertz got out of her car, she smelled a strong odor of marijuana. She asked Lonnie if he had been smoking marijuana. He said yes. She ordered Lonnie to put his hands on the patrol car and patted him down. She found a switchblade knife in his pants pocket. After she found the switchblade, she arrested him and did a thorough search of Lonnie and his fanny pack. She found a bag containing approximately 50 grams of cocaine in the fanny pack. Did Officer Mertz have the right to conduct a pat-down of Lonnie?

Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Could Officer Oliver legally arrest Pat for voyeurism?

During a valid detention based on Terry v. Ohio , and officer may demand the person give his/her name:

Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Was the seizure of the magazine containing child pornography a valid booking search?

Explain an officer's rights based on Terry v. Ohio : (1) search a person; and (2) search a vehicle the person was in when stopped.

Reasonable suspicion is based on the professional judgment of a reasonable police officer.

Police dogs trained to detect drugs can be used:

Explain an officer's rights at the time of a custodial arrest: (1) to search the person who was arrested; and (2) to search the vehicle the person was in at the time of arrest.

If police officers shoot at non-violent fleeing suspects, they are violating the Fourth Amendment.

An arrest warrant is needed to enter the suspect's home to arrest him/her except in emergency situations.

The Supreme Court held that when a person is booked into a jail facility, that facility:

Explain a correctional officer's right to search a person and items in the person's possession: (1) at the time of booking; and (2) while the person is in jail.

Inmates in prisons have no privacy interest in the personal possessions they keep in their cells.

A patdown for weapons may be done if there is reasonable suspicion that a person is armed.

An officer stops a car based on a vehicle code violation. If the officer has reasonable suspicion the people in the car have weapons, the officer may:

If a person in a car is arrested, officers may conduct a thorough search of the entire vehicle.

A police officer may conduct a thorough search of a car if a person in the car has been detained and there is reasonable suspicion that there are weapons in the car.