This cheat sheet provides a concise overview of significant case law impacting police procedures. It is not exhaustive and should not be used as a substitute for legal advice. Always consult with legal counsel for specific guidance on any legal matter. This information is for educational purposes only.
Disclaimer: I am an AI chatbot and cannot provide legal advice. This information is for educational purposes only. Consult with a qualified legal professional for advice tailored to your specific situation.
Key Areas of Police Case Law
This cheat sheet focuses on some of the most frequently referenced areas of police case law in the United States. Specific legal precedents may vary by jurisdiction.
1. Search and Seizure (Fourth Amendment)
- Probable Cause: A reasonable belief, based on articulable facts, that a crime has been, is being, or will be committed. Carroll v. United States (1925) established the automobile exception, allowing warrantless searches of vehicles with probable cause.
- Reasonable Suspicion: A less demanding standard than probable cause; allows officers to briefly detain a person for investigation if they have a reasonable suspicion, based on articulable facts, that criminal activity is afoot. Terry v. Ohio (1968).
- Warrant Requirement: Generally, a warrant is required for searches and seizures, but exceptions exist (e.g., consent, plain view, exigent circumstances, incident to a lawful arrest).
- Exclusionary Rule: Evidence obtained illegally is inadmissible in court. Mapp v. Ohio (1961) extended this rule to state courts. Exceptions include the "good faith" exception ( United States v. Leon (1984)).
- Stop and Frisk: A brief, investigatory stop is permitted based on reasonable suspicion, and a pat-down for weapons is allowed if the officer reasonably believes the individual is armed and dangerous. Terry v. Ohio (1968).
2. Interrogation and Confessions (Fifth Amendment)
- Miranda Rights: Before custodial interrogation, suspects must be informed of their rights, including the right to remain silent and the right to an attorney. Miranda v. Arizona (1966).
- Custodial Interrogation: Questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of their freedom of action in a significant way.
- Waiver of Rights: Suspects can knowingly and voluntarily waive their Miranda rights.
- Public Safety Exception: Miranda warnings are not required if obtaining information is necessary to protect public safety. New York v. Quarles (1984).
3. Use of Force
- Objective Reasonableness: The use of force by law enforcement must be objectively reasonable under the circumstances. Graham v. Connor (1989). Factors to consider include the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting arrest or attempting to evade arrest.
- Excessive Force: The use of force that is objectively unreasonable, violating the Fourth Amendment.
- Deadly Force: The use of deadly force is generally only justified when there is an immediate threat of death or serious bodily injury to the officer or others. Tennessee v. Garner (1985).
4. Due Process (Fourteenth Amendment)
- Procedural Due Process: The government must follow fair procedures when depriving someone of life, liberty, or property.
- Substantive Due Process: Laws and government actions must be fair and reasonable.
Frequently Asked Questions (FAQs)
What is the difference between probable cause and reasonable suspicion?
Probable cause requires a reasonable belief, based on articulable facts, that a crime has been, is being, or will be committed. Reasonable suspicion is a lower standard, requiring only a reasonable belief that criminal activity is afoot.
What are exigent circumstances?
Exigent circumstances are situations that require immediate action by law enforcement, justifying a warrantless search or seizure. Examples include the need to prevent the destruction of evidence, the need to protect life, or a hot pursuit.
What happens if my Miranda rights are violated?
If your Miranda rights are violated, any statements you make during custodial interrogation may be suppressed (excluded) from evidence in court.
Can police use force against a fleeing suspect?
The use of force, including deadly force, against a fleeing suspect is governed by the Fourth Amendment's reasonableness standard. Deadly force is generally only justified when there is an immediate threat of death or serious bodily injury.
This cheat sheet is a starting point for understanding key police case law. Remember to consult with a legal professional for specific legal advice.
