Degree of Justification

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Degree of Justification 저자: Mind Map: Degree of Justification

1. Probable Cause

1.1. Applies to

1.1.1. Full scale intrusions

1.1.1.1. Arrest

1.1.1.2. Search

1.1.1.3. Seizure

1.2. Defined

1.2.1. The quantity of facts and circumstances within the officer's knowledge that would warrant a reasonable person to conclude that the individual in question has committed a crime or that items of criminal activity would be found in a particular place.

1.2.1.1. Requires specific and concrete facts

1.2.1.2. More than a hunch, less than beyond a reasonable doubt.

1.3. Protects

1.3.1. Citizens from "rash and unreasonable interference with privacy and unfounded charges of crime, while still giving law enforcement leeway

1.4. Adequacy of Probable Cause

1.4.1. Courts focus on the source of police information and conclusions that may reasonably be drawn from it

1.4.1.1. Credibility presumed for officers own observations

1.4.1.2. If 3rd party, reliability of source is weighted with accuracy of the inferences drawn

1.4.1.2.1. Witness/Victim tend to be credible

1.4.1.2.2. Informant info must be demonstrated

1.4.2. Where probable cause justifies, ulterior reasons are irrelevant. Legality is based upon probable cause

2. Reasonable Suspicion of Criminal Activity

2.1. Applies to

2.1.1. Stops/Detainment

2.2. Defined

2.2.1. Appropriate circumstances which allow officers, in an appropriate manner to stop (briefly detain) a person to investigate criminal activity.

2.2.1.1. Less than preponderance of the evidence, but significantly more proof than a hunch

2.2.2. Can include tips of informants.

2.2.2.1. Anonymous phone tips

2.2.2.1.1. Allowed due to less demanding standard

2.3. Rationale

2.4. Terry v. Ohio

3. Reasonable Suspicion of Dangerous Weapon

3.1. Applies to

3.1.1. Frisk/ Pat Down

3.2. Defined

3.2.1. An intrusion which requires additional justification: suspect is armed and dangerous

3.2.2. Less than preponderance of the evidence, but significantly more proof than a hunch

3.3. Limits

3.3.1. Limited by the exigencies that justify it's initiation

3.3.2. Restricted to what ever is necessary to discover weapons

3.3.2.1. Plain Feel Doctrine

3.3.2.2. Initial pat down-pocket search, areas to hide weapon

3.4. Rationale

3.4.1. Terry v. Ohio

4. Consent

4.1. Applies to

4.2. Defined

4.3. Rationale