Legal Update

1
Legal Update In-Service 2006
2
Training Objectives

• Using the cases on reasonable suspicion, identify
  relevant factors to determine reasonable
  suspicion generally to detain and frisk and
  specifically with regard to canine sniffs or
  seizures by School Resource Officers.
• Discuss the impact of United States v. Smith and
  State v. Rose in executing checkpoints.
• Analyze the cases on probable cause and discuss
  what probable cause is and what factors an
  officer must be able to explain to the court for
  a finding that probable cause existed.

3
Training Objectives

• Using Muehler v. Mena and State v. Sinapi,
  explain the practical implications of the courts
  decision in the application and execution of a
  search warrant.
• Discuss how physical evidence may be admissible
  without Miranda warnings to a suspect, based on
  the courts ruling in State v. Houston.
• Based on State v. Morton, discuss how Crawford v.
  Washington effects the admissibility of
  statements of witnesses taken by law enforcement
  officers.

4
Training Objectives

• Given State v. Fuller and State v. Price, discuss
  the admissibility of information received through
  mail or recorded telephone conversations of
  inmates.
• Using Eckard v. Smith and Lassiter v. Cohn,
  discuss the practical implications of the courts
  decision for law enforcement in civil liability
  cases.
• Analyze relevant statutory changes and the
  practical implications for law enforcement
  officers.

5
Illinois v. Caballes

• A dog sniff, conducted during a lawful traffic
  stop which does not reveal anything other than
  the location of an illegal substance, does not
  violate the 4th Amendment.
• The detention must be lawful and reasonably
  conducted.

6
How does this case work with State v. Branch?
7
(No Transcript)
8
What did the Court decide?
9
(No Transcript)
10
Final Thoughts
11
(No Transcript)
12
State v. Hernandez

• When the officer saw the driver remove seatbelt
  while driving, probable cause existed to stop.
• The continued detention was based on reasonable
  suspicion given the totality of the circumstances.

13
What do officers need for a motor vehicle stop?
14
(No Transcript)
15
Thoughts on asking for consent
16
(No Transcript)
17
State v. Shearin

• Officers are allowed to order passengers to step
  out of the car or remain inside without any
  suspicion.
• The officer had reasonable suspicion that the
  passenger was armed and dangerous.

18
Can an officer order a suspect in or out of a
vehicle?
19
(No Transcript)
20
Thoughts on Frisks
21
(No Transcript)
22
State v. Downing

• Officers had reasonable suspicion to stop the van
  based on the totality of the circumstances.
• Officers had probable cause to search the van
  based on the totality of the circumstances.

23
What is the Carroll Doctrine and what is the
scope of that kind of search?
24
(No Transcript)
25
Thoughts on confidential informants
26
(No Transcript)
27
In Re J.F.M.

• SROs may detain students based on reasonable
  suspicion if they are working in conjunction with
  school officials.
• The SRO in this case was working in conjunction
  with school officials.

28
What does this case do for SROs?
29
(No Transcript)
30
What does "in conjunction with" mean?
31
(No Transcript)
32
Does this apply to officers who do not work in
the school?
33
(No Transcript)
34
U.S. v. Smith

• Based on the totality of the circumstances, the
  officers had reasonable suspicion to stop Smith.
• One of the factors in the totality of the
  circumstances is evasive behavior as the
  defendant approached a roadblock.

35
How does this case work with State v. Foreman?
36
(No Transcript)
37
Is flight alone enough to stop?
38
(No Transcript)
39
State v. Rose

• The case is remanded back to the trial court to
  determine the primary purpose of the checkpoint.
• If the checkpoint, conducted by narcotics
  officers was for the primary purpose of looking
  for drugs, the checkpoint will be
  unconstitutional.

40
What is the court's warning?
41
(No Transcript)
42
Which checkpoints are constitutional?
43
(No Transcript)
44
Why don't courts allow narcotics checkpoints?
45
(No Transcript)
46
Devenpeck v. Alford

• As long as facts show that officers had probable
  cause to arrest the suspect, it is irrelevant
  whether there was probable cause for the arrest
  of what the officer stated or for another offense.

47
What is subjective v. objective intent?
48
(No Transcript)
49
What is the benefit of this case?
50
(No Transcript)
51
State v. Leach

• Officers had probable cause to search and seize
  the defendant based on information from the
  confidential informant.
• The defendant was not seized until after the
  chase.

52
When does a seizure occur?
53
(No Transcript)
54
Thoughts on informant credibility
55
(No Transcript)
56
State v. Turner

• The court decided there was sufficient evidence
  to show the defendant constructively possessed
  cocaine, with evidence that the defendant
  appeared nervous and was passing an object to the
  person next to him.

57
What is constructive possession?
58
(No Transcript)
59
Why is this an interesting constructive
possession case?
60
(No Transcript)
61
Thoughts on the charge of Possession with Intent
62
(No Transcript)
63
Muehler v. Mena

• Officers who handcuffed all people at a
  residence for 2 to 3 hours during the execution
  of a search warrant for gang members and weapons
  acted reasonably.

64
What is the benefit of this case?
65
(No Transcript)
66
Thoughts on handcuffing
67
(No Transcript)
68
What if this search warrant was for a public
place?
69
(No Transcript)
70
State v. Sinapi

• A magistrate had sufficient information to find
  probable cause for the search warrant given the
  location of the garbage bag and the fact it was
  garbage collection day.

71
Thoughts on Search Warrants
72
(No Transcript)
73
Thoughts on Garbage Pulls
74
(No Transcript)
75
State v. Houston

• Based on prior case law, the physical evidence
  did not need to be suppressed even though the
  defendant had not been Mirandized.
• The consent to search was voluntary even though
  the defendant was in custody.

76
Can a suspect voluntarily give consent while
in custody?
77
(No Transcript)
78
Do officers need to give Miranda warnings before
asking for consent?
79
(No Transcript)
80
Thoughts on voluntary statements
81
(No Transcript)
82
State v. Morton

• An unavailable witness statement given to an
  officer is testimonial and cannot be used as
  evidence unless the defendant has the chance to
  cross-examine the witness.

83
Thoughts on Crawford v. Washington
84
(No Transcript)
85
Thoughts on what this means for domestic
violence cases
86
(No Transcript)
87
State v. Fuller

• Letters written by an inmate to his wife are
  admissible into evidence at trial because the
  inmate has no expectation of privacy in letters
  which are passed to jail personnel unsealed and
  not marked as legal mail.

88
Thoughts on Inmate Mail
89
(No Transcript)
90
State v. Price

• An inmates recorded telephone call could be
  used as evidence at his trial because he was
  warned the phone call was being recorded and
  continued his conversation, thereby consenting to
  the recording.

91
Thoughts on Inmate Phone Calls
92
(No Transcript)
93
Eckard v. Smith

• A moving roadblock to stop an erratic driver who
  had forcibly stolen a motor vehicle was not gross
  negligence on the part of the officers.

94
What is gross negligence?
95
(No Transcript)
96
What is summary judgment?
97
(No Transcript)
98
Decision making in police pursuits and
agency liability
99
(No Transcript)
100
Lassiter v. Cohn

• The NC Court of Appeals ruled that the public
  duty doctrine protects an officer from liability
  when the officer is fulfilling her duty to the
  public by using her trained judgment and
  discretion.

101
What is the Public Duty Doctrine?
102
(No Transcript)
103
Signature Confirmation

• Effective October 1, 2005
• Allows service of process by mailing a copy of
  summons and complaint through U.S. mail with
  signature confirmation.
• Cannot use email for service of process.

104
(No Transcript)
105
New Felonies
Effective Dates December 1, 2005

• Breaking/Entering Place of Worship
• Class G Felony to break/enter building which is
  place of worship (defined in statute)

106
(No Transcript)
107
New Felonies
Effective Dates December 1, 2005

• Breaking/Entering Place of Worship
• Class G Felony to break/enter building which is
  place of worship (defined in statute)
• Larceny, Possession or receiving stolen goods
  from permitted construction site
• Class I Felony to commit larceny, etc., from
  permitted construction site (defined in statute)
• Failure to Return Hired Motor Vehicle
• Class H Felony to fail to return a hired motor
  vehicle worth more than 4000
• Includes duty of officer to report the failure to
  return to NCIC

108
(No Transcript)
109
Assaulting Law Enforcement Animal

• Effective December 1, 2005
• Amendment makes the harm to the animal to include
  something other than physical harm.
• Requires defendant to pay restitution for
• Medical services for animal,
• Training/retraining,
• Salary of animal handler for training/retraining.

110
(No Transcript)
111
Indecent Exposure

• Effective December 1, 2005
• Class 2 Misdemeanor to indecently expose oneself
  to person of the same sex.
• Class H Felony for someone over 18 to expose to
  someone under 16. A conviction of this requires
  registry as a sex offender.

112
Child Solicitation

• Effective December 1, 2005
• Unlawful to solicit someone the defendant
  believes to be under 16.
• Consent is not a defense.
• Conviction requires sex offender registration.

113
(No Transcript)
114
Sexual Battery

• Effective December 1, 2005
• Requires defendant convicted of sexual battery to
  register as a sex offender.
• Requires DNA sample

115
Deployed Military CCW

• Effective July 18, 2005
• Extension of the permit while deployed
• 90 days from return can carry handgun concealed
  with expired permit and proof of deployment

116
Traffic Law Changes

• Red/Blue Light prohibitions
• Effective December 1, 2005
• Now includes red/blue forward facing lights after
  manufacture. Class 1 Misdemeanor.

• Move Over Law
• Effective July 1, 2006
• Defines public service vehicle
• Includes punishments
• Violation without damage or injury Fine 250
• Violation with damage over 500 or injury to
  officer etc., Class 1 misdemeanor
• Violation with serious injury or death Class I
  Felony

117
(No Transcript)
118
Traffic Law Changes

• Red/Blue Light prohibitions
• Effective December 1, 2005
• Now includes red/blue forward facing lights after
  manufacture. Class 1 Misdemeanor.
• Passing School Bus
• Effective September 1, 2005
• Clarifies wording of statute
• Omits height of letters requirement
• Class 1 Misdemeanor

• Move Over Law
• Effective July 1, 2006
• Defines public service vehicle
• Includes punishments
• Violation without damage or injury Fine 250
• Violation with damage over 500 or injury to
  officer etc, class 1 misdemeanor
• Violation with serious injury or death Class I
  Felony

119
(No Transcript)
120
Watercraft

• Personal Watercraft
• Effective November 1, 2005
• Increases minimum age to operate a personal
  watercraft to 14 years old.
• If someone is 12 or older prior to November 1,
  2005, the age change does not apply.

• Obstructing Boat Launching Area
• Effective December 1, 2005
• Fine of 50 to park a vehicle in violation of
  parking rule at boat access areas
• Officers can tow a car in violation at a Wildlife
  Resource Commission owned boat access area.

121
LEO Part-time Death Benefit

• Effective November 1, 2004 and all
  law-enforcement deaths occurring on or after that
  date.
• Extends law-enforcement death benefits to
  part-time officers and detention officers.

122
(No Transcript)
123
Training Objectives

• Using the cases on reasonable suspicion, identify
  relevant factors to determine reasonable
  suspicion generally to detain and frisk and
  specifically with regard to canine sniffs or
  seizures by School Resource Officers.
• Discuss the impact of United States v. Smith and
  State v. Rose in executing checkpoints.
• Analyze the cases on probable cause and discuss
  what probable cause is and what factors an
  officer must be able to explain to the court for
  a finding that probable cause existed.

124
Training Objectives

• Using Muehler v. Mena and State v. Sinapi,
  explain the practical implications of the courts
  decision in the application and execution of a
  search warrant.
• Discuss how physical evidence may be admissible
  without Miranda warnings to a suspect, based on
  the courts ruling in State v. Houston.
• Based on State v. Morton, discuss how Crawford v.
  Washington effects the admissibility of
  statements of witnesses taken by law enforcement
  officers.

125
Training Objectives

• Given State v. Fuller and State v. Price, discuss
  the admissibility of information received through
  mail or recorded telephone conversations of
  inmates.
• Using Eckard v. Smith and Lassiter v. Cohn,
  discuss the practical implications of the courts
  decision for law enforcement in civil liability
  cases.
• Analyze relevant statutory changes and the
  practical implications for law enforcement
  officers.

126
Questions?