Court- The individual was the community caretaking can extend to vehicles but NOT here. passenger, not the driver. There was someone else who could have helped him. Court is sensitive to fact police might claim to see someone in ‘distress.’ Test: Nature and level of distress exhibited by the ind Location of ind Whether the ind was alone/had access to assistance independent of the offered by the officer To what extent the ind presented a danger to himself or others police entered house when they saw door open. Found drugs in plain view. Cady v. Dombrowski – Held that community caretaking exception applied. Probs w/ this exception police might use this as pretext for going into anyone’s house. – Pretext doesn’t matter as long as police can LATER objectively ID a non-criminal investigative purpose. Warrantless Search Requirements: Probable Cause Search incident to arrest Hot pursuit Plain view Plain touch Automobile search Exigent circumstances No Probable Cause/Reasonable Suspicion Inventory search no suspicion just policy – Border crossings NO suspicion – Roadblocks and checkpoints NO suspicion – Consent NO suspicion – Probation and parole probation reasonable suspicion parole NO suspicion – – Admin searches Drug testing RANDOM drug testing no suspicion – School searches - individual locker reasonable; underwear something more – – Community caretaking no suspicion – SEIZURES & ARRESTS Topics Arrest lengthy seizure – Terry Stops temporary detentions to see if crime is afoot, pat down for weapons. A lot of power & – a lot less suspicion needed. Consensual Encounters NOT seizures – Requirements for diff levels of interaction w/ police: Arrest PC Temp detention reasonable suspicion encounters” no suspicion. “Consensual Approach Was it a seizure What kind of seizure was it Look at things like where are they being stopped? If they put handcuffs on you, surround you, take you into another room etc. it’s NOT consensual. Was the proper level of suspicion What can police do during that type of seizure 1. Was It A Seizure?
Court- community caretaking can extend to vehicles but NOT here. The individual was the passenger, not the driver. There was someone else who could have helped him. Court is sensitive to fact police might claim to see someone in ‘distress.’ Test: Nature and level of distress exhibited by the ind Location of ind Whether the ind was alone/had access to assistance independent of the offered by the officer To what extent the ind presented a danger to himself or others Cady v. Dombrowski – police entered house when they saw door open. Found drugs in plain view. Held that community caretaking exception applied. Probs w/ this exception – police might use this as pretext for going into anyone’s house. Pretext doesn’t matter as long as police can LATER objectively ID a non-criminal investigative purpose. Warrantless Search Requirements: Probable Cause Search incident to arrest Hot pursuit Plain view Plain touch Automobile search Exigent circumstances No Probable Cause/Reasonable Suspicion Inventory search – no suspicion just policy Border crossings – NO suspicion Roadblocks and checkpoints – NO suspicion Consent – NO suspicion Probation and parole – probation reasonable suspicion – parole NO suspicion Admin searches Drug testing – RANDOM drug testing no suspicion School searches - individual locker – reasonable; underwear – something more Community caretaking – no suspicion SEIZURES & ARRESTS Topics Arrest – lengthy seizure Terry Stops – temporary detentions to see if crime is afoot, pat down for weapons. A lot of power & a lot less suspicion needed. Consensual Encounters – NOT seizures Requirements for diff levels of interaction w/ police: Arrest PC Temp detention reasonable suspicion “Consensual encounters” no suspicion. Approach Was it a seizure What kind of seizure was it Look at things like where are they being stopped? If they put handcuffs on you, surround you, take you into another room etc. it’s NOT consensual. Was the proper level of suspicion What can police do during that type of seizure 1. Was It A Seizure?
Criminal-Procedure-Levenson-2013.docx