Criminal Procedure GPSTC 320/321 Questions and Answers Graded A+

Criminal Procedure GPSTC 320/321 Questions and Answers Graded A+ (17-4-20) Authorization of Arrests 1. With a warrant ; or 2. Without a warrant if: (a) offense in officer's presence or immediate knowledge (b) offender endeavoring to escape (c) pc for act of family violence etc *Arizona v. Gant* (VEHICLE SEARCH INCIDENT TO ARREST) The Supreme Court decided that a vehicular search incident to arrest is reasonable IF it is reasonable to believe that the vehicle contains evidence or the arrestee might access the vehicle at the time of the search. (if they are walking away from the car and not in its vicinity, you cant search it) also, its only the immediate area 1st prong aguilar spinelli informer has given good info in the past 2nd prong aguilar spinelli how does this person have info about certain incident. How do you know it is not just a rumor 3 purposes of vehicle inventory 1. protecting the owner's property 2. protecting the officer against claims of loss property 3. protecting the public and police from illegal weapons that might be in the vehicle 4th Amendment Use of Force Freedom from unreasonable searches and seizures So, reasonable search and seizures are allowed. Any force used to effect a seizure, must be reasonable a detention must be BRIEF - "confined search to what was minimally necessary" - Momentarily detain - a limited protective search - a brief stop of a sus individual A frisk is justified when - There are concerns for safety for the officer or for others - There is ARS that sus is armed and dangerous - There is ARS that the sus is about to commit a crime and a weapon is commonly - the officer is alone and back up has not arrived or is not avail. - the number of suspects and physical size - the emotions behavior and look of the sus - keeping hands in pockets after being told to remove them a frisk: two step process: