Search and Seizure: Difference between revisions
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(Created page with " A custodial arrest for a fine-only offense does not violate the Fourth Amendment. (''People v. McKay'' (2002) 27 Cal.4th 601, 606.) Violation of state statutes for arrest do...") |
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Violation of state statutes for arrest does not violate the Fourth Amendment. (''People v. McKay'' (2002) 27 Cal.4th 601, 606.) | Violation of state statutes for arrest does not violate the Fourth Amendment. (''People v. McKay'' (2002) 27 Cal.4th 601, 606.) | ||
==Detention== | |||
A detention may occur for a future crime that is about to occur. (''People v. Ellis'' (1993) 14 Cal.App.4th 1198; ''People v. Aldridge'' (1984) 35 Cal.3d 473, 478.) | |||
Fact analysis vs consensual encounter. (''People v. Paul'' (Feb. 14, 2022, B320488)) | |||
==Officer Safety== | |||
Pennslyvania v. Mimms 434 US 106 | |||
Wilson 519 US 408 | |||
==Detention facilities== | |||
A visitor to a detention facility consents to a lesser expectation of privacy. ([https://scholar.google.com/scholar_case?case=821110223886794804&q=199+Cal.App.4th+761&hl=en&as_sdt=2006''People v. Boutler'' (2011) 199 Cal.App.4th 761, 769-772.]) | |||
Latest revision as of 14:36, 16 February 2024
A custodial arrest for a fine-only offense does not violate the Fourth Amendment. (People v. McKay (2002) 27 Cal.4th 601, 606.)
Violation of state statutes for arrest does not violate the Fourth Amendment. (People v. McKay (2002) 27 Cal.4th 601, 606.)
Detention
A detention may occur for a future crime that is about to occur. (People v. Ellis (1993) 14 Cal.App.4th 1198; People v. Aldridge (1984) 35 Cal.3d 473, 478.)
Fact analysis vs consensual encounter. (People v. Paul (Feb. 14, 2022, B320488))
Officer Safety
Pennslyvania v. Mimms 434 US 106
Wilson 519 US 408
Detention facilities
A visitor to a detention facility consents to a lesser expectation of privacy. (People v. Boutler (2011) 199 Cal.App.4th 761, 769-772.)