LAW 393 Lecture Notes - Lecture 6: Nova Scotia Trunk 4, Amen, Handcuffs
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Encounter is not a seizure
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a. Nature of the stop (speeding) determines the duration (time) of the stop AND the scope (area)
b. If stop someone for speeding you cant ask to search the trunk
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Anon tip must satisfy Both Prongs
_Basis of Knowledge
_Reliability
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Chapter 41 sec 98A
PO can ONLY stop MV in another jurisdiction IF it is an ARRESTABLE offense and PO observed it
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No expectation of privacy at home phone call
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a. Valid exit order regarding past sexual assaults
i. If known sex offender is in the car w/ female, PO can establish RS (35%) can issues exit order. If 94C
falls out of pocket during the exit, IT IS GOOD bc PO was lawfully situated
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a. Stop of the MV was NOT reasonable
i. If anon tip satisfies both prongs MV STOP is GOOD
b. No randomized stops, it is a violation of 4th amen
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a. Don't say anything, when you say stop it is a seizure
b. Pursue but don't order to stop
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a. Carrying a firearm in and of itself DOES NOT give PO RS that criminal activity is afoot. Must have RS
that the person is armed and dangerous OR violating the law (illegally obtained firearm)
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a. Ex. victim is shot in parking lot, PO does not see it but there are multiple named and ID witnesses. PO
has RS to go stop car described by witnesses.
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Comm v Vazquez pg 82
a. Seizure= PO orders defendant to stop
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13. Plain view doctrine= PO lawfully situated
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a. If NO arrest warrant, consent OR exigency but have RS defendant is home and UNLAWFUL entry, the
evidence WILL BE SUPRESSED
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15. Curtilage- rear patio deck, high expectation of privacy
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Reasonable belief that the suspect is present (suspect is home)+arrest warrant UNLESS exigency OR
consent
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Comm v. Marquez pg166
a. Threshold- public place
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Document Summary
3: nature of the stop (speeding) determines the duration (time) of the stop and the scope (area, if stop someone for speeding you cant ask to search the trunk. Po can only stop mv in another jurisdiction if it is an arrestable offense and po observed it. No expectation of privacy at home phone call. 7: valid exit order regarding past sexual assaults, if known sex offender is in the car w/ female, po can establish rs (35%) can issues exit order. If 94c falls out of pocket during the exit, it is good bc po was lawfully situated. 8: stop of the mv was not reasonable, if anon tip satisfies both prongs mv stop is good, no randomized stops, it is a violation of 4th amen. 9: don"t say anything, when you say stop it is a seizure, pursue but don"t order to stop.
