Case Law Reference
Commonwealth v. John D. Gonsalves
When conducting a traffic stop, the only person detained is the driver of the vehicle. The passengers are permitted to leave at any moment. When it comes to ordering the driver or passenger out of the car is, when you have reason to believe that the driver or passenger (If the passenger decided to not leave during the traffic stop) is when you have a reasonable belief that the officer's safety, or the safety of others, is in danger which then permits you from ordering a driver or passengers out of a motor vehicle. This case law overrules Pennsylvania v. Mimms, Maryland v. Wilson and automatically Brendlin v. California due to the specific nature of the case law. The only time the vehicle passenger is also detained is if you believe they have committed a crime.
Arizona v. Johnson
An officer may conduct a pat down search of a passenger in an automobile that has been lawfully stopped for a minor traffic violation, provided the police reasonably suspect the passenger is armed and dangerous.
Tennessee v. Garner
Officers may use deadly force to prevent the escape of a fleeing suspect, if; The officer has a good faith belief that the suspect poses a risk to life or serious injury to themselves, or others.
Chimel v. California
Search incident to arrest. (Warrantless search of the immediate area in an arrested suspect's control.)
Terry v. Ohio
Stop and Frisk (Officers can FRISK a suspect they believe has committed, is committing, or is about to commit a crime IF they reasonably believe the suspect is armed.)
Minnesota v. Dickerson
If an officer is conducting a pat-down for weapons, and feels other contraband, that they have a reasonable belief that it is such contraband may conduct a warrantless seizure.
Illinois v. Wardlow
Unprovoked flight or evasive behaviour in a high crime area grants enough reasonable suspicion to conduct a search under Terry vs. Ohio. Florida v. J.L.
Officers may not conduct a search solely based on an anonymous tip. Maryland v. King
DNA swabs, fingerprints, and photos of an arrested suspect may be taken without a warrant.
Whren v. United States
Driving infractions are a legal basis for a traffic stop. Graham v. Connor Determined the test of objective reasonableness that sets forth that judgements against an officer are to be made using the facts and information that the officer had access to at the time.
Florida v. Bostick
Determined that a search cannot be conducted without reasonable suspicion. Florida v. Jardines
Determined that a police dog can not sniff around a residence without probable cause. Caroll v. United States
Law Enforcement do not need to obtain a warrant to search a vehicle that's movable.
Miranda Rights
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