AOJ 202 AMC US Supreme Court Opinions Discussion

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  1. Using your own words, summarize the facts of the US Supreme Court opinions, Tennessee v. Garner and Graham v. Connor.
  2. Do you believe the US Supreme Court opinions in Tennessee v. Garner and Graham v. Connor are appropriate in modern times? Why or why not?


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Chapter 14 Lippman, Criminal Evidence (c) SAGE Publications 2016    Do you know the definition of probable cause and the type of facts that the police may rely on in determining probable cause? Can you explain the difference between the Aguilar-Spinelli test for evaluating whether the police may rely on an informant and the totality-of-the-circumstances test? Are you able to describe the process for obtaining an arrest warrant? Lippman, Criminal Evidence (c) SAGE Publications 2016     Do you know when an arrest warrant is required for felony arrests and for misdemeanor arrests in public and in the home? Can you explain exigent circumstances? Are you able to describe circumstances under which the police may rely on deadly force and may rely on non-deadly force? Do you know the law on misdemeanors, citations, and arrests? Lippman, Criminal Evidence (c) SAGE Publications 2016  Two conditions The arrest must be based on probable cause 1. ▪ 2. Probable cause may be based on direct observations or on hearsay The arrest is carried out in a reasonable fashion Lippman, Criminal Evidence (c) SAGE Publications 2016  More intrusive than an investigative stop and frisk  Place  Time  Documentation  Searches  Criminal consequences Lippman, Criminal Evidence (c) SAGE Publications 2016  Three characteristics 1. Lawful authority 2. Detention 3. Reasonable person Lippman, Criminal Evidence (c) SAGE Publications 2016      Direct observations Police may rely on their five senses of sight, sound, smell, touch, and taste United States v. Humphries Peters v. United States Beck v. Ohio Lippman, Criminal Evidence (c) SAGE Publications 2016   Hearsay is secondhand information that is communicated to the police Approach of courts to informants  Citizen-informants  Police  Informants  Informant privilege Lippman, Criminal Evidence (c) SAGE Publications 2016    The Aguilar-Spinelli Test Illinois v. Gates Two requirements 1. Veracity prong ▪ Informant has provided accurate information or admission of own criminal conduct 2. Basis-of-knowledge prong ▪ How informant obtained information or detailed information Lippman, Criminal Evidence (c) SAGE Publications 2016       Warrants Arrests and warrants Arrests in the home Exigent circumstances Arrests and force Misdemeanors, citations, and arrests Lippman, Criminal Evidence (c) SAGE Publications 2016  Arrests must be based on arrest warrants  A judge, magistrate, or other judicial official        Probable cause Neutral officials Warrants and affidavits Judicial official Probable cause Affidavit Procedural irregularity Lippman, Criminal Evidence (c) SAGE Publications 2016   Most arrests take place without warrants Felony arrests in public  Warrant not required for arrests in public  Misdemeanor arrests  Warrant not required where crime is committed in officer’s presence   United States v. Watson Atwater v. City of Lago Vista Lippman, Criminal Evidence (c) SAGE Publications 2016      United States v. Watson Doorways Common hallways Hotels Exigent circumstances  Hot pursuit  Public safety  Destruction of evidence  Flight Lippman, Criminal Evidence (c) SAGE Publications 2016  A balancing test to determine  When it is reasonable for the police to use physical force in making an arrest  How much force is reasonable for the police to use under the circumstances Lippman, Criminal Evidence (c) SAGE Publications 2016 Deadly force in an arrest = Fleeing felon + Law enforcement officer and civilian acting under officer’s direction + No substantial risk of injury to innocents + Probable cause that felony involves use or threatened use of deadly force or substantial risk of death or serious injury to police or to the public if apprehension is delayed + Substantial risk of death or serious injury to police or to the public if apprehension is delayed Lippman, Criminal Evidence (c) SAGE Publications 2016   Graham v. Connor Whether the use of force to seize an individual is objectively reasonable under the totality of the circumstances Lippman, Criminal Evidence (c) SAGE Publications 2016  United States v. Robinson  A custodial arrest is a “significant intrusion of state power” that severely restricts an individual’s freedom and may prove to be humiliating and degrading  Whether a person under arrest for a minor misdemeanor traffic offense or other minor misdemeanors may be subject to a custodial arrest  Citation Lippman, Criminal Evidence (c) SAGE Publications 2016  Tennessee v. Garner Was the officer justified in using deadly force to apprehend the suspect? Lippman, Criminal Evidence (c) SAGE Publications 2016
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Running head: US SUPREME COURT OPINIONS

US Supreme Court Opinions
Institutional Affiliation
Name
Date

1

US SUPREME COURT OPINIONS

2

US Supreme Court Opinions
Tennessee v. Garner
Most jurisdictions legitimized a police officer to use deadly force for all felonies that
committed up until the Supreme Court made a ruling on Tennessee v. Garner. In the case, even
though Garner did not have a weapon, the officer went ahead to shot him dead to prevent him
from running. It m...

GhgbePhgzber (12926)
Purdue University

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