Difference between revisions of "Search and Seizure"
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===Arrest Warrant Requirement=== | ===Arrest Warrant Requirement=== | ||
*'''United States v. Watson''' - Officer may arrest person without a warrant when they have reasonable ground to believe that a felony has been committed and that the person before them committed it. Officer may make warrantless arrest for the misdemeanor committed in her presence. A crime is committed in the officer's presence if she is aware of it through her senses. The arrest can be made even if incarceration is not part of the crime. | *'''United States v. Watson''' - Officer may arrest person without a warrant when they have reasonable ground to believe that a felony has been committed and that the person before them committed it. Officer may make warrantless arrest for the misdemeanor committed in her presence. A crime is committed in the officer's presence if she is aware of it through her senses. The arrest can be made even if incarceration is not part of the crime. | ||
− | *'''Payton v. New York''' - | + | *'''Payton v. New York''' - Absent exigent circumstances police officers may never enter a home to arrest for a dangerous felony unless they have first obtained a warrant. |
− | *'''Atwater v. City of Lago Vista''' - | + | *'''Atwater v. City of Lago Vista''' - Fourth Amendment does not forbid peace officers for arresting without a warrant for misdemeanors not amounting to or involving breach of the peace. |
− | *'''California v. Hodari D.''' - | + | *'''California v. Hodari D.''' - 1) physical force or 2) the submission of an individual to a showing of authority is required for a personal seizure to take place under the Fourth Amendment. Thus, an individual is not "seized" under the Fourth Amendment when being chased by an officer during flight. |
− | *'''Illinois v. McArthur''' - | + | *'''Illinois v. McArthur''' - If Police have probable cause that defendant's home contains evidence of crime or contraband, police may detain defendant temporarily while they obtain a search warrant. |
===Knock and Announce=== | ===Knock and Announce=== |