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| INDEX | |||||||||||||||||||||
| Abandonment, 247 after lawful stop, 256 after unlawful order, 252 after unlawful stop, 252 before submitting to unlawful exercise of authority, 249 before unlawful detention, 249 consent search, 256 flight, 249-251 lawful stop, 256 officer using car door to stop defendant, 253 officer yelling to stop, 252 passenger in vehicle, 254 repossession after abandonment, 248 submission to authority, 249 submission to order to remove hands from pocket, 253, 254 submission to order to stop, 249 submission to police order, 252 test, 247 throwing item off hotel balcony, 255 unlawful stop of vehicle, 252, 253 vehicle, 248 voluntary abandonment, 247 Affidavits for search warrants 58 informants, 60 conclusory statements, 66 confidential informants, 64 consistent with noncriminal activity, 67 continuing pattern , 69, 70 continuous monitoring, 67 defective information, 65 duty of reviewing court, 58, 59 hearsay, 58, 67 information found in garbage can, 69 material in garbage, 70 misrepresentations, 65 no attesting seal, 66 omissions, 65 scrivener's error, 75 staleness, 68 standard of review , 58 sufficiency of jurat, 66 swearing before judge, 66 task of issuing magistrate, 59 time of events, 69 totality of the circumstances, 67 unverified second or third-hand source, 61 validity, 58 Arrest back-up officer, 306, 307 conduct consistent with noncriminal activity, 205 confidential informant, 204 different jurisdictions, 309 dog's alert, 181 elements provided by private citizen, 306 fellow officer rule, 304, 305, 307 informant, 205 odor of drugs alone, 197 odor of drugs combined with other facts, 197 off-duty officer, 310 off-duty officer call for assistance, 308 Bicycle no headlight, 335 Citizen's arrest, 312, 351 belief that person has committed felony, 353 breach of peace, 352 citizen's investigative stop, 352 civil infraction , 352 DUI, 353 erratic driving , 353 felony, 352 intent to arrest, 353 limitations, 352 outside jurisdiction, 312, 353 reckless driving, 353 Consensual encounter, 28 a "request", 30 approaching a parked car , 37 asking defendant to talk, 40 asking questions, 38 context, 34 definition , 29 delay, 28 delay to check identification, 28 factors to consider, 30 grabbing defendant's hand, 20, 40 inquiry about involvement in crime, 40 inquiry about vehicle, 37 inquiry as to what was in defendant's hand, 37 Miranda rights , 40 order to exit vehicle, 17 ordering defendant to come over and talk, 37 patdown, 21, 36 questioning, 36 questions of vehicle occupant, 36 request for identification, 36, 38 request to exit vehicle, 17 request to remove hands from pocket, 18, 24, 38, 40 request to see license, 37 restrictions on officers conduct, 30 running from officer, 39 test for whether there is a consensual encounter , 29 totality of the circumstances, 34 Consent, 220 advising of right to refuse, 222, 223 airport, 237 allowing officers to enter, 238 area of house, 243 authority, 225 authority of a minor, 225 blood samples, 238 board of directors , 235 burden of proof, 221 canine unit, 245 closed container, 241, 244, 245 coercive setting, 237 common authority, 226 container, 246 crotch or groin area, 242 deception or trick, 239 destruction of property, 244 driver of vehicle, 233 duty to advise of right to refuse, 237 duty to advise of rights, 240 factors, 239 genital areas, 242 given during illegal detention, 223 grandmother, 236 hair samples, 238 handcuffed, 223, 237 hotel manager, 233 implied consent, 239, 240 joint occupants, 225, 226 landlord, 233 minor, 225, 226, 232 Miranda warnings, 224 motel, 226, 228 motel manager, 233 motel security guard, 233 mother of adult , 233 multiple searches, 244 narcotics detecting dog, 244, 245 need for probable cause, 220 need for reasonable suspicion, 220 object taped to person, 237 objection by joint occupant, 225 officer asked if defendant minded the search, 241 passenger on carrier, 238 passenger seated on a bus, 221 passenger's property, 246 pocket, 245 reasonable person: meaning, 238 reading of Miranda rights, 223 reentry, 243 scope of consent, 241 spouse's consent, 226, 239 standards for judging authority, 226 taint by unlawful police conduct , 241 test for determining consent, 225 totality of the circumstances, 238 train sleeping compartment, 238 types of relationships, 233 unclear response, 239 unknown person, 226, 228 unlawful police activity, 222 vehicle, 243 voluntariness, 236 wallet, 244 withdrawn, 236 Custody words used , 37 Defendant's initial burden, 13 search and\ or seizure of person or property, 14 warrant was required, 13 Electronic interception cell phones, 374 statutory test, 374 Exceptions to exclusionary rule, 353 both defendant and officer mistaken, 367 computer error, 359, 360 defective affidavit, 354, 355 defective warrant, 357 errors involving jurat, 366 execution of warrant, 358 fellow officer rule, 359-362 good faith, 354 impeachment, 372 independent source, 371 inevitable discovery doctrine, 367 invalid ordinance, 358, 359 invalid statute, 357 knowledge of law enforcement community, 359 miscellaneous applications, 366 misinformation provided by division of license agent, 363 mistake as to authority, 366 mistake as to probable cause, 366 mistake as to law, 366 mistake by court clerk, 360 mistake by non-law enforcement staff, 360 mistake in making arrest, 367 unreliable informant, 355 void or nonexistent warrant, 357 wiretaps, 358 Exclusionary rule appropriateness of remedy, 2 driving record, 2 evidence of battery on LEO, 2 fact of arrest, 2 identity, 3 legally derivative, 2 parole proceeding, 4 prestop observations, 2 probation hearing, 4 where is it used, 4 Execution of Warrant actual entry, 79 arrest warrant for co-occupant, 86 civilian participation, 76, 77 curtilage, 88 detention of occupants , 85 entry by deception, 79, 80 entry into yard, 80 exceptions to knock and announce requirements, 80 failure to leave copy, 76 films, 87 forcible unannounced entry, 78, 79 knock and announce law, 78 multiple dwellings, 87 no-knock search warrants, 79 officers from other jurisdiction, 76 open door, 79 opening screen door, 81 particularity requirement, 87 parts of single structure, 87 people on premises, 82-84 persons and property on the premises, 82 reasonable basis for fear that a weapon might be used, 80 scope of search, 87, 88 small amount of drugs in dwelling, 81 vehicles on premises, 82, 84 Exigent circumstances , 256 continuing episode, 264 created by police officers, 257 destruction of evidence, 258 emergency or dangerous situation, 260 end of exigency, 264 entry by second group of officers after exigency has ended, 264 escape, 257 factors indicating exigent circumstances, 257 hot pursuit, 257 imminent destruction of evidence, 257 multiple entries, 264 probable cause, 256 reasonable belief that an emergency exists, 260 risk of danger, 257 warrantless entry into a home, 257 Expectation of privacy, 43 abandoned vehicle, 55 abandoned premises, 53 airline passengers, 54 anyone legitimately on premises, 57 back of a police car, 54, 55 backyard, 49, 50, 52 bathroom at probation center, 55 blood test for HIV, 55, 372 boarding house, 52 codefendant's rights, 46, 55 common areas of boarding house, 51 cordless telephone, 52 curtilage, 46, 50 doorway, 55 dormitory room, 52 dressing room in a commercial establishment, 52 duffle bag, 54 factors to consider, 57 front porch, 55 garage, 54 garbage can placed at road side, 54, 56 hotel or motel room, 48 invited guest, 48 jail cell, 54 knowingly exposing object or activity, 44 left in a hospital safe, 47 lessor of premises, 48 limited business guests, 57 motel room, 52 motorboat, 48 not required to challenge seizure, 43 occasional visitor, 53 office desk drawer, 48 open field, 51 overnight guest, 54, 57 packages, 50 parked car in public, 54 passenger, 47, 48, 53 plastic garbage bag placed at road side, 54 previously opened and resealed container, 56 previously opened and resealed package, 56 property in a hospital room, 47 property principles, 43 public restroom, 48, 49 public telephone booth, 52 screened porch in back yard, 49 showing required to challenge search, 43 sleeping compartment on a train, 48 stolen car, 48, 53 students, 44 sublessee of a bedroom, 48 subpoena for prints or handwriting exemplars, 54 test, 46 toilet stall, 48, 49, 54, 55 unlocked apartment building, 51 unlocked boarding house, 51 Fellow officer rule, 359 Florida's constitutional right to privacy , 372 cordless phone, 374 effect on other constitutional provisions, 374 electronic interceptions, 373 standards, 372 Good faith exception allegations in affidavit as to confidential informant, 356 both defendant and officer mistaken, 367 collective knowledge doctrine, 360 computer error, 359-361 defective warrant, 357 deficiency in affidavit , 354 errors involving jurat, 366 execution of warrant, 358 fellow officer rule, 359, 361-362 knowledge of law enforcement community, 359 invalid ordinance or statute, 357-358 miscellaneous applications, 366 mistake as to probable cause, 366 mistake by court clerk, 360 mistake in sheriff's database, 365 overbroad warrant, 357 suspended license, 363 unreliable informant, 355 wiretaps, 358 void or nonexistent warrant, 357 Government action, 41 Hearing on suppression admissibility of hearsay, 2 Home intrusion, 280 arrest set in motion in public, 281 felony , 281 misdemeanors, 283 need for warrant, 281 observations from adjoining property, 286 prevention of entry, 281 rule, 281 statements outside of home , 286 Impeachment, 372 Incidental to arrest, 179 concealed firearm, 197 definition of arrest , 179 delay after stop, 191 elements of arrest, 179 fellow officer doctrine, 186, 187 fellow officer rule, 194 informant, 197 mistake, 183, 186 obstructing, 196 officer's oath, 193 ordinance, 193 probable cause, 180 proximity to suspect, 188 time of search, 216 trespass, 190, 191 Incidental to lawful arrest anonymous tip, 204 arrest at home , 217 assisting officer , 207 back-up officer, 207 change in charge by state , 215 definition of probable cause, 203 example of probable cause, 203 F.H.P. troopers, 215 fellow officer rule on traffic offense, 212 forfeiture, 215 fresh pursuit, 212-213 interfering with a drug operation, 199 lawful authority, 207 loitering and prowling, 208 marine patrol officers, 208 minor offense, 211 misdemeanor, 207, 213 misdemeanor not in officer's presence, 208 notice to appear, 208, 210 officer's mistake, 216 ordinances, 207, 209 outside jurisdiction, 212-214 place of arrest, 216 rationale for exception, 180 remoteness, 216 road guard special officers, 213 search of motel room based on arrest outside room, 217 scope of search, 217 time of search, 215 traffic citations, 209 traffic offenses, 207 unconstitutional ordinance , 210 void warrant, 213 warrantless arrest for traffic offenses, 208 Independent source rule, 371 basis for warrant, 371 Inevitable discovery rule burden of proof, 369 knock and announce law, 368 involuntary consent, 371 lawful arrest on unrelated charge, 370 speculation, 369-370 test, 367, 369 Informants, 60 a disinterested bystander, 60 affiant's personal knowledge of reliability of informant, 61 an eye witness, 60 citizen informant, 63 citizen who would be exposed to criminal liability , 60, 63 controlled buy, 61, 62, 69 corroboration, 61 good faith, 61 known informant, 61 presumption of veracity, 60 statements against penal interests, 60 sufficiency of information, 60-62, 64 totality of the circumstances, 62 unwitting informant, 61 veracity, 60 victim, 60 Inicidental to arrest juvenile court warrant, 182 void or nonexistent warrant, 180 Inventory, 276 Inventory search containers, 338 standards, 337 Investigatory stop, 92 aggressive attitude, 145 all persons in the immediate vicinity of a known crime, 93 anonymous tip, 113, 124, 132-134 area of past criminal activity, 158 asking for rolling papers, 146 based on articulable facts, 92 belief that defendant lied, 159 BOLO, 133 by private citizen, 313 child away from school, 45, 155, 280 citizen informant, 121-127, 129 citizen informants, 132 concealment of baggie, 109 confidential informant, 136, 137 definition of reasonable suspicion, 93 detail, 131 detention of luggage, 178, 179 driving slowly, 110 drug activity, 96 drug dealing conduct , 103 DUI , 141 evasive action, 111 exchange, 100-107, 110, 146 extent of detention, 177 factors, 95 fellow officer doctrine, 134 fleeing, 96, 111 furtive movement, 151 gathering in drug area, 110 gender, 108 guns drawn, 177-179 handcuffing, 177, 179 high crime area, 96-97 high crime area plus concealment of baggie , 109 holding cash, 146 informant, 136, 137, 205 informant at scene, 135 innocent conduct, 94, 150 knowledge of numerous suspensions, 154 known confidential informant, 133 known informant, 116, 117 lack of independent evidence, 134 loitering and prowling, 155 many officers, 177 misdemeanor, 92 nature of determination, 93 nervous behavior, 96 non-criminal traffic violation, 92 noncriminal activity, 143 observation near site of disturbance, 155 off duty officer as citizen informant, 126 officer as private citizen, 313 officer may take reasonable action, 172 officer's mistake as to law, 297 outside jurisdiction, 214 presence with law breakers , 154 previously burglarized structure, 110 proximity to stolen vehicle, 160 race, 108 racial factors, 148 reasonable cause to believe person is armed , 161 reasonable caution, 93 reasonable suspicion, 92 reliable BOLO, 92 report of criminal activity, 153 request for identification, 164 restraining defendant, 179 school children, 45, 155 scope, 177 scope of search, 161 similarity of appearance, 155 stop to issue traffic infraction, 178 sudden movement combined with other knowledge, 151 suspected trespass, 92 suspicion of car theft, 149 time of detention, 178, 179 tip, 112 totality of the circumstances, 94 traffic infraction, 309 trespass, 156 u-turn, 295 unusal driving, 296 use of a profile, 152 use of a vehicle, 139 vehicle, 93 vehicle search, 161 victim as informant, 125, 130 walking in a high crime area, 109 Lawfulness of arrest erroneous information on police computer, 186 loitering not occurring in officer's presence, 208 Motion to suppress content, 1 delay in filing, 7 delay in hearing, 7 failure to comply with pretrial order, 5 timeliness, 5 Motions in Limine, 375 Motions to Suppress presumptions, 9 Motor vehicle stops conduct unrelated to traffic violations, 289 delay by asking questions, 343 DUI, 290-294 erratic driving, 294 improper change of course, 304 improper turn, 304 noise statute, 289 obstructing traffic, 302 squeeling tires, 294 unsafe starting, 303 unsual driving, 293 Motor vehicles, 286 arrest without warrant, 304 authority to arrest, 304 blocking traffic, 334 broken tail light , 296 check behind panel, 321 check of license and registration, 290 closed business, 298 combination of bad driving, 332 concealed firearm , 343 cracked tail light, 297 cracked tailllight lens, 330 cracked windshield, 300, 335 crossing grass median, 302 crossing over center line, 328 crossing over line, 292, 293, 296 crossing over line , 292 defective windshield wiper, 335 driving across median, 329 driving too slowly, 296 driving without light, 298 driving without lights, 298 duration of detention, 339 equipment defects, 330 equipment malfunction, 297 erratic driving, 298, 301 expired license, 299 expired tag, 327 failure to dim high beams, 290 failure to give turn signal, 298 fleeing , 290 forced exit of driver, 322 forced exit of occupants, 322 forced exit of passenger, 323 forcing object from mouth, 340 hatchback, 318 high beam lights on, 333 inoperable brake light, 328 inoperable taillight, 328 inoperable turn signal, 299, 328 inventory searches, 336 malfunctioning equipment, 300, 301 marijuana seeds , 289, 318 marine patrol officer, 290 misdemeanor , 319 missing rear window, 333 missing taillight lens, 332 narcotics detecting dog, 290, 322 nature of detention, 339 no valid license, 297, 298 obscured validation sticker, 327 odor of marijuana, 289 parking, 300 pretextual stops, 323 rear window, 301 reasonable belief person is armed, 321, 322 reasonable suspicion , 287 recent occupant, 318 registration violation, 300 request to see registration, 342 right hand turn without signal, 334 roadblock for nontraffic purposes, 350 roadblocks, 343 running a stop sign, 328 scope of search, 314 search incidental to a lawful arrest, 318 search of containers , 315 search of containers based on probable cause , 314 search of passenger's person, 314 search of passenger's property, 314, 319 search of vehicle based on probable cause, 314 slow driving, 291, 297 speeding, 328 stop for non traffic related conduct, 289 stop for traffic violation, 289 stop for unusal driving, 289 suspended license, 299 tag, 329 tag light defects, 332 tag violation, 299, 300 taillights, 302 temporary tags, 298, 300 time of warrantless search, 288 tinted windshields, 329 traveling below posted speed limit, 332 traveling far below the speed limit, 328 unlighted headlamps, 332 unusual behavior, 334 unusual driving, 331 use of narcotics dog, 340-343 warrantless search, 287 weaving within lane, 290, 291 Open fields doctrine, 265 Open view, 265 Pat down based on tip, 173 bulge, 166, 174, 176 bulge and traffic stop , 166 bulge in pocket, 166 consensual encounter, 166 drug dealers, 171 drug offense, 172 evidence of a crime, 170 examples of sufficient information, 165 feeling unidentified object, 177 fellow officer doctrine, 167 furtive movement, 174 furtive movements, 165 grounds, 161 high crime area, 163 immediately apparent contraband, 269 informant as to drug deals, 173 information provided by informant, 173 interviewing murder suspect, 172 loose jacket, 174 meaning of "probable cause", 161, 162 metallic sound in purse, 175 narcotics, 172 nature of crime, 171 nervous demeanor, 174, 176 officer creates danger , 163 ordinance, 193 pattern of odd behavior, 166 pocket search, 165 presence in high narcotics area, 172 probable cause to believe defendant is armed, 164 reasonable cause to believe person is armed , 161 reasonable suspicion defendant is armed, 165 routine practice, 163, 164 routine safety measure, 164 rules, 161 scope of search, 162 search after determining object not weapon, 170 search for evidence, 169, 170 seizure nonthreatening object, 168 seizure of contraband, 169 seizure of object in mouth, 175 seizure of syringe, 175 specific examples, 173 standing in high crime area, 175 suspicious movements, 174 tip, 173 tip that subject is armed, 173 type of crime , 171 violent crime, 172 Plain feel , 271, 272 squeezing items, 273 Plain view, 265 container, 269 discovery during pat down, 269 drugs, 275 evidence of a crime, 270 execution of a search warrant, 275 gun, 270, 271 immediately apparent, 269 inadvertent discovery, 266 keys, 276 lawful right of access to object, 276 looking in container, 270 nature of doctrine, 265 obscene films, 270 officer's experience, 271 officers' location, 267 public restroom, 268 reasonable cause to believe the object was contraband or evidenc, 268 requirements, 265 turning over object, 270 search based on exigent circumstances, 268 shining a light, 267 using a flashlight, 270 Pretextual stops changes in law , 323 post Whren, 327 pre Kehoe, 330 pre Whren & post Kehoe, 330 Privacy garbage cans, 52 Private action, 41 Probable cause based on any sense, 180 bent beverage can, 199 concealed firearm, 195 confidential informant, 204 confidential informants, 203 definition, 198 domestic battery, 192 drugs in mouth, 190 exigent circumstances necessitating immediate action, 200 fellow officer doctrine, 186, 187 fellow officer rule, 194 informant, 192, 197 narcotics detector dog, 180 noncriminal activity, 198 objective standard, 184 officer's experience, 184, 185 officer's training, 197 opaque containers, 180 opaque object, 189 possession of narcotics, 181 presence near drugs, 183 proximity to drugs, 181, 182 reckless driving, 188 rolling papers, 183 unconcealed gun, 189 unconcealed knife, 189 youth protection, 199 Probable cause citizen informant, 201 exchange of items, 200 fellow officer doctrine, 187, 188 loitering and prowling, 202 odor of marijuana, 197, 201 training and experience of officer, 200 Probable cause for arrest loitering and prowling, 202 odor of marijuana , 201 Probationer, 89 Procedure admissibility of hearsay, 2 credibility, 5 delay in filing, 7 delay in hearing, 7 hearing during trial, 5 insufficient motion, 8 preparation of orders, 8 preservation of issue, 9 reconsideration, 7 resolution of reasonable doubt, 2 standard of review, 8 steps at hearing, 8 time for hearing motion, 5, 7 U.S. Supreme Court decisions, 7 Reasonable suspicion anonymous tip, 134 bulge, 166 citizen informant, 63, 122, 123, 201 drug dealing conduct, 103 fellow officer rule, 134 Review of motion to suppress standard, 9 Roadblocks constitutional concerns, 344 detention status, 343 intrusion, 350 necessity of guidelines, 346-348 nontraffic enforcement, 350 safety, 350 standards, 344, 346 Search a blood-alcohol test, 17 a breath test, 17 bulge , 165 compelled taking and testing of urine, 18 dusting for prints, 16 identity, 3 inquiry concerning the contents of container, 19 looking in vehicle with flashlight, 16 looking through magnifying glass, 16 manipulation of bag, 14 order that defendant stand up, 16, 18 order to open fists, 16 order to remove something from pocket, 15, 16, 27 order to spit object out, 16, 17 testing property with chemical, 16 thermal or infrared devices, 18 using flashlight, 16 voluntary withdrawal of item, 16 Search & Seizure fact finding, 12 failure to give Miranda, 13 fellow officer rule, 365 forced entry for misdemeanor, 284 forced entry into home, 284 informants, 64 presumptions, 9 schools, 279 searches incidental to in-home arrests, 218 standard of review, 9 Search incident to arrest elements of arrest, 180 probable cause, 201 Search warrants execution, 87 false material in affidavit, 73 good faith, 75 material omitted from affidavit, 73 sufficiency, 74 Seizure a "request", 30 air horn, 22 automobile stop, 19 blocking defendant's path, 18, 21-23 car behind defendant, 16 confinement in back of cruiser, 17 copying of movie onto blank cassette, 20 drug investigation on street, 26 emergency lights, 22, 23 grabbing defendant's hand, 20, 21, 24 interrogation relating to one's identity, 36 order to exit vehicle, 15, 17, 19 order to remove hands from pocket, 17, 18, 23, 25 order to spit object out, 18, 24 order to step into patrol car, 24 ordering defendant to open his hand, 23 ordering defendant to put hands on hood, 26 ordering defendant to turn off motor and produce license, 20 patdown, 21 placing hands on defendant, 17 preventing bicycle from moving, 27 questioning, 27 request for identification, 16, 36 request to remove hands from pocket, 24, 25 search lights, 22 securing premises to get a warrant, 27, 286 stopping vehicle in front of defendant, 16 submission to authority, 14, 15 submission to order to stop, 15 subpoena for prints or handwriting exemplars, 16 takedown lights, 22 threatening to have dog attack if person does not stop, 25 touching defendant's body, 27 unheeded instruction to stop, 15 using cruiser door to stop defendant, 19 Standing see expectation of privacy, 43 Stop for traffic infraction officer as private citizen, 313 stop bar, 296 u-turn, 295 Student detention to transport to school, 279 expectation of privacy, 278 involved in school activity, 277 non law enforcement personnel doing search, 278 on school property, 277 possession of gun, 278 standards for search, 278 Student involved in school activity, 277 Student on school property, 277 Suppression grounds, 1 Suppression hearing admissibility of hearsay, 2 Trial fact finding, 12 Violations of probation exclusionary rule, 5, 90 Warrant, 72 arrest warrant, 85 attaching affidavit, 70, 72 burden on state, 70 citizen informant, 63 correction of warrant by officer, 72 defects, 70 duty of reviewing court, 59 identification of premises, 72 length of detention, 85 nature of the case, 71 particularity requirement, 71, 72 property constituting relevant evidence of crime , 71 property used to commit any crime, 71 staleness, 68, 75 Warrant requirement exceptions, 1 |
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