1. LET’S START WITH THE BASICS
1.1 Fourth Amendment
1.1.1 NY Article I Section 12
1.2 Fifth Amendment
1.3 Three Golden Rules of Search & Seizure
1.4 The Right ‘To be Left Alone’
1.5 Decision Sequencing
1.6 C.R.E.W.
1.7 Fourth Amendment Reasonableness
1.8 Private Searches
1.9 “Hunches” Defined
1.10 Reasonable Suspicion Defined
1.11 Probable Cause Defined
1.12 Collective Knowledge Doctrine
1.13 What is a “Search” Under the Fourth Amendment?
1.14 What is a “Seizure” Under New York Law?
2. CONSENSUAL ENCOUNTERS
2.1 De Bour Factors
2.2 Knock and Talks
2.3 Investigative Activities During Consensual Encounter
2.4 Asking for Identification
2.5 Removing Hands from Pockets
2.6 Transporting to Police Station
2.7 Consent to Search
2.8 Third-Party Consent
2.9 Mistaken Authority to Consent
3. INVESTIGATIVE DETENTIONS
3.1 Specific Factors to Consider
3.2 Detaining a Suspect
3.3 Officer Safety Detentions
3.4 Detaining Victims or Witnesses
3.5 How Long Can Detentions Last?
3.6 Investigative Techniques During a Stop
3.7 Identifications - in the Field
3.8 Unprovoked Flight
3.9 Detentions Based on an Anonymous Tip
3.10 Handcuffing and Use of Force
3.11 Patdown for Weapons
3.12 Patdown Based on Anonymous Tips
3.13 Plain Touch Doctrine
3.14 Involuntary Transportation
3.15 Detaining People Who Publicly Record Police Officers
4. ARRESTS
4.1 Lawful Arrest
4.2 Entry into Home with Arrest Warrant
4.3 Warrantless Entry to Make Arrest
4.4 Collective Knowledge Doctrine
4.5 Meaning of “Committed in the Officer’s Presence?”
4.6 Line-Ups
4.7 Protective Sweeps
4.8 When to “Unarrest” a Suspect
4.9 “Contempt of Cop” Arrests
4.10 Arrests at Public Protests
4.11 Search Incident to Arrest
4.12 Search Prior to Formal Arrest
4.13 Search Incident to a “Temporary” Arrest
4.14 Attempt to Swallow Drugs
4.15 DUI Breath Tests
4.16 DUI Blood Tests
4.17 Searching Vehicle Incident to Arrest
5. VEHICLES
5.1 General Rule
5.2 Scope of Stop Similar to an Investigative Detention
5.3 Community Caretaking Stops
5.4 Reasonable Suspicion Stops
5.5 Stops to Verify Temporary Registration
5.6 DUI Checkpoints
5.7 Information Gathering Checkpoints
5.8 Legal Considerations for Any Checkpoint
5.9 Ordering Passengers to Stay in, or Exit Vehicle
5.10 Detaining a Recent Vehicle Occupant
5.11 Consent to Search a Vehicle
5.12 Searching Vehicle and Occupants for Weapons
5.13 Frisking People Who Ride in Police Vehicle
5.14 K9 Sniff Around Vehicle
5.15 Searching Vehicle Incident to Arrest
5.16 Searching Vehicle with Probable Cause
5.17 Dangerous Items Left in Vehicle
5.18 Inventories
5.19 Identifying Passengers
5.20 Unrelated Questioning
5.21 Constructive Possession
6. HOMES OVERVIEW & STANDING
6.1 Warrant Requirement
6.2 Hotel Rooms, Tents, RVs, and so Forth
6.3 Knock and Talks
6.4 Open Fields
6.5 Curtilage
6.6 Plain View, Hearing, Smell
6.7 Trash Searches
6.8 Consent to Search by Co-Occupants
6.9 Parental Consent to Search Child’s Room
6.10 Mistaken Authority to Consent
6.11 Protective Sweeps
6.12 Hot Pursuit and Fresh Pursuit
6.13 Warrantless Arrest at Doorway
6.14 Warrantless Entry to Make Arrest
6.15 Warrantless Entry for an Emergency
6.16 Warrantless Entry for Officer Safety
6.17 Warrantless Entry to Investigate Child Abuse
6.18 Warrantless Entry to Protect Property
6.19 Warrantless Entry to Investigate Homicide Crime
6.20 Warrantless Entry to Prevent Destruction of Evidence
6.21 Warrantless Entry Based on “Ruse” or Lie
6.22 Using Ruses to Get Occupants to Leave Home
6.23 Impounding a Home in Anticipation of a Warrant
6.24 Surround and Call-Out
7. BUSINESSES & SCHOOLS
7.1 Warrantless Arrest Inside Business
7.2 Customer Business Records
7.3 Heavily Regulated Businesses
7.4 Fire, Health, and Safety Inspections
7.5 Government Workplace Searches
7.6 School Searches
7.7 Student Drug Testing
7.8 SROs, Security Guards, and Administrators
7.9 Use of Force Against Students
8. PERSONAL PROPERTY
8.1 Searching Containers
8.2 Single Purpose Container Doctrine
8.3 Searching Abandoned or Lost Property
8.4 Searching Mail or Packages
9. ELECTRONIC SEARCHES
9.1 Sensory Enhancements
9.2 Flashlights
9.3 Binoculars
9.4 Night Vision Goggles
9.5 Thermal Imaging
9.6 Cell Phones, Laptops, and Tablets
9.7 Cell Phone Location Records
9.8 Aerial Surveillance
9.9 Drones
9.10 Pole Cameras
9.11 Automatic License Plate Readers
9.12 GPS Devices
9.13 Obtaining Passwords
10. MISCELLANEOUS SEARCHES & SEIZURES
10.1 Cause-of-Injury Searches
10.2 Medical Procedures
10.3 Discarded DNA
10.4 Fingernail Scrapes
10.5 Arson Investigations
10.6 Airport & Other Administrative Checkpoints
10.7 Border Searches
10.8 Probationer & Parolee Searches
11. SEARCH WARRANTS
11.1 Overview
11.2 Why Get a Warrant, Even if You Don’t Need to?
11.3 Particularity Requirement
11.4 Anticipatory Search Warrant
11.5 Confidential Informants
11.6 Sealing Affidavits
11.7 Knock and Announce
11.8 Detaining Occupants Inside and in Immediate Vicinity
11.9 Frisking Occupants
11.10 Handcuffing Occupants
11.11 Serving Arrest Warrant at Residence
11.12 Wrong Address Liability
11.13 Receipt, Return, and Inventory
12. USE OF FORCE
12.1 Non-Deadly Force
12.2 Use of Force to Prevent Escape
12.3 Deadly Force During Vehicle Pursuit
12.4 Improper Handcuffing
12.5 Pointing Gun at Suspect
12.6 Using Patrol (i.e., Bite) Dogs
12.7 Hog/Hobble Tie
13. INTERVIEW AND INTERROGATION
13.1 When Miranda is Required
13.2 Miranda Elements
13.3 Coercive Influences and De Facto Arrests
13.4 Miranda Inside Jail and Prison
13.5 Miranda for Juveniles
13.6 Witnesses and Victims
13.7 Invocation Prior to Interrogation
13.8 Ambiguous Invocations
13.9 Suspect Invoked, Now What?
13.10 Suspect Invoked, Now Wants to Talk
13.11 Intentional Versus Accidental Miranda Violations
13.12 When to Provide Miranda Again
13.13 Public Safety Exception
13.14 Routine Booking Questions
13.15 Evidence Discovered after Miranda Violation
14. LAW ENFORCEMENT LIABILITY
14.1 Exclusionary Rule
14.2 Exceptions to the Exclusionary Rule
14.3 Fruit of the Poisonous Tree
14.4 Standing to Object
14.5 Good Faith Exception
14.6 Attenuation
14.7 Inevitable or Independent Discovery
14.8 Duty to Protect
14.9 Duty to Intervene
14.10 Supervisor Liability
14.11 Unequal Enforcement of the Law
14.12 Behavior that “Shocks the Conscious”
14.13 Deliberate Indifference
14.14 Sharing Crime Scene Photos on Social Media
14.15 Section 1983 Civil Rights Violations
14.16 Section 242 Criminal Charges
14.17 Bringing Non-Essential Personnel Into the Home
14.18 Qualified Immunity
15. LEGAL CHECKLISTS
15.1 Consensual Encounters
15.1.1 Generally
15.1.2 Knock and Talks
15.1.3 Investigative Activities During Consensual Encounter
15.1.4 Asking for Identification
15.1.5 Removing Hands from Pockets
15.1.6 Transporting to Police Station
15.1.7 Consent to Search
15.1.8 Third-Party Consent
15.1.9 Articulating Greater Authority
15.1.10 Mistaken Authority to Consent
15.2 Investigative Detentions
15.2.1 Reasonable Suspicion Defined
15.2.2 Detaining a Suspect
15.2.3 Duration of Detentions
15.2.4 Investigative Techniques
15.2.5 Identifications in the Field
15.2.6 Unprovoked Flight
15.2.7 Detentions Based on Anonymous Tip
15.2.8 Handcuffing and Use of Force
15.2.9 Detaining Victims or Witnesses
15.2.10 Pat Down for Weapons
15.2.11 Pat Down Based on Anonymous Tip
15.2.12 Plain Touch Doctrine
15.2.13 Involuntary Transportation
15.3 Arrests
15.3.1 Entry into Home with Arrest Warrant
15.3.2 Warrantless Entry to Make Arrest
15.3.3 Private Searches
15.3.4 Collective Knowledge Doctrine
15.3.5 Meaning of “Committed in the Officer’s Presence?”
15.3.6 Identifications
15.3.7 Protective Sweeps
15.3.8 When to Unarrest a Suspect
15.3.9 Attempt to Swallow Drugs
15.4 Vehicles
15.4.1 Community Caretaking Stops
15.4.2 Reasonable Suspicion Stops
15.4.3 Controlling Passengers
15.4.4 Consent to Search Vehicle
15.4.5 Searching Vehicle and Occupants for Weapons
15.4.6 K9 Sniff Around Vehicle
15.4.7 Searching Vehicle Incident to Arrest
15.4.8 Searching Vehicle with Probable Cause
15.4.9 Inventories
15.4.10 Constructive Possession
15.5 Homes
15.5.1 Knock and Talks
15.5.2 Curtilage
15.5.3 Plain View, Hearing, Smell
15.5.4 Consent to Search by Co-Occupants
15.5.5 Protective Sweeps
15.5.6 Warrantless Entry for Emergency
15.5.7 Warrantless Entry to Prevent the Destruction of Evidence
15.5.8 Impounding a Home in Anticipation of Warrant
15.6 Personal Property
15.6.1 Searching Containers
15.6.2 Searching Abandoned or Lost Property
15.7 Interview & Interrogation
15.7.1 When Miranda is Required
15.7.2 Miranda Elements
15.7.3 Miranda inside Jail and Prison
15.7.4 Ambiguous Invocations
15.7.5 Suspect Invoked, Now What?
15.7.6 Suspect Invoked, Now Wants to Talk
15.7.8 Public Safety Exception
INDEX
