Crim Pro Syllabus of Sir Arno SanidadFull description
Alonzo vs PPFull description
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Digests
Digests of cases in criminal law 1Full description
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NUTS helpful chartsDescription complète
pravir charts
Warrantless Public Arrest
Committed in
Presence
Felony or Misdemeanor
Felony w/ PC (no need to show exig)
Warrantless House Entry to Arrest
Warrantless House Entry When Arrest is Outside Home
Not permitted to make routine felony arrest when nonconsensual cannot create the emergency
Must be substantially contemporaneous to arrest and confined to immed vicinity
except
Even for very minor crime when in presence of PO
Subjective intent of officer not material
except
Hot Pursuit
Exigent Circumstance
Must be for major crime & must be a continuous pursuit from scene of crime
Prevent: (1) destroy evid (2) D escape (3) danger
Lawful or Unlawful when make arrest in home, police may search:
If arrest outside & PO believe evidence is inside, may detail D until PO can obtain lawful W to search house
Warrantless Search of Auto Incident to Arrest of Occupant for Lawfully Stopped Vehicle
If lawful, search of arrestee w/o warrant lawful The person of D to protect PO safety
Even though police have PC to make arrest, method they use must be rslb
and
W/in D immed. Control (weap/contra)
When lawful, (closets, hiding spots) Atwater : police may arrest for any violation, even minor. Whren: Test is whether COULD HAVE arrested or pulled over, not subjective intent of PO
Special Needs Cases Schools
and
(a) rsbl grounds to believe search will turn up evidence
Excessive intrusiveness of search shown by: (a) age, (b) gender, (c) crime, (d) method used for search
Including containers owned by passengers
and
Search may be for occupants & recent occupants
Cursory inspect & not excessive length
To go beyond cursory, must have rsb art facts that warrant that other places may harbor hiding assailant
(a) of school policy,
Belton rule: lawful custodial arrest of occupant, may search passenger compartments & containers found within (PO safety & evidence)
Evaluate (1) level of intrusiveness of , (2) extent , (3) effectiveness of the method, (4) notice prior to stop or intrusion.
Exigent Circum Factors: (1) amount of time between crime/arrest, (2) severity of crime, (3) protection is sole reason for entrance (4) police have seen commission of crime, (5) # of ppl affected by entry