Crim Pro Flowcharts

Warrantless Public Arrest

Committed in Officer’s Presence

Not in Officer’s 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 – 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 – 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, may conduct “protective sweep” (closets, hiding spots)  Atwater : police may arrest for any violation, even minor. Whren 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) rsbl grounds to think there’s a violation 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  “checkpoint” or mandatory stop, stop, (2) extent of the state’s interest, interest, (3) effectiveness of  the method, (4) notice prior to stop or  intrusion.

Exigent Circum Factors: 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