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Thread: The 2-3-4 Rule

  1. #1

    The 2-3-4 Rule

    Below is the 2-3-4 rule. The "2" is for the two types of legal authority possessed by a peace officer. In order to detain a citizen either of the authorities must be in play. The "3" is for the three tiers of police-citizen encounters as outlined by the courts, and the "4" list the four ways in which a peace officer may legally enter a dwelling.

    Two Types of Legal Authority (LA)


    • Reasonable Articulable Suspicion (RAS): A set of facts and circumstances that would lead a reasonable and prudent peace officer based on his or her knowledge, training, and experience that criminal activity is afoot. Case Reference: Ornelas v. US, 517 US 691, 95-5259 (1996)


    • Probable Cause (PC): A set of facts and circumstances that would lead a reasonable and prudent person when using all of their senses to believe that a crime has been or is about to be committed by the suspected person. IMPORTANT NOTE per Wagner v. State, 206 Ga.App. 180, 424 S.E.2d 861 (1992): The mere fact that someone calls the police does not constitute probable cause.


    Three Types of Police-Citizen Encounters


    • Verbal/Consensual Encounter (Tier 1): No legal authority is needed to approach a citizen. The encounter must be voluntary on the part of the citizen, and the officer must display no show of authority other than to identify him or herself as a peace officer. An officer may ask for consent to search during a verbal encounter. Case References: Florida v. Bostic, 501 US 429; US v. Baker, 01-16585 (2002)


    • Investigatory Detention/Brief Stop (Tier 2): An officer must have RAS to make an investigative stop. The suspect can only be held for a reasonable amount of time. Barring any other RAS or PC developed during the stop, the officer must release the suspect once the officer's initial suspicion has been satisfied and all identification checks have been made. NOTE: An officer may handcuff a suspect during a brief stop only when necessary for the officer's, the public's, or the suspect's safety. The suspect must be advised that they are not under arrest. An officer may frisk for weapons if the officer has RAS that the suspect is armed and presents a threat. Case References: Terry v Ohio, 392 US 1 (1968); United Sates v. Arvizu, 534 U.S. 266 (2002)


    • Arrest (Tier 3): An officer must have PC to make an arrest. The officer should conduct a search incident to arrest. The officer must take the suspect before a judge and must read the suspect his/her Miranda warning if the suspect is questioned after being taken into custody.


    Four Legal Ways to Enter a Dwelling


    • Consent: Consent can only be obtained from the owner of the property to be searched, someone with valid authority of the property, or someone with valid control over the property (in that order). Consent can be given verbally or written. The burden of proving consent is on the peace officer, and consent can be withdrawn at any time (must maintain contact) or may be qualified consent.


    • Warrant/Court Order: An officer can enter a suspect's home to arrest the suspect if the officer has a warrant for the arrest of the suspect and the officer reasonably believes the suspect to be in the dwelling. Case Reference: Payton v. New York, 445 U.S. 573 (1980)


    • Exigent Circumstances: An officer may enter a dwelling without a warrant when exigent circumstances exist. Examples include situations where an officer has to enter in order to prevent death or injury to those inside of the dwelling, to prevent the destruction of evidence, or to prevent the immediate escape of a suspect.


    • Hot Pursuit: The officer must be pursuing the suspect for an arrestable offense. The suspect must know that he or she is being pursued, and the suspect must be in actual flight.
    I had an ER nurse in a class. I noticed she kept taking all head shots. Her response when asked why, "'I've seen too many people who have been shot in the chest putting up a fight in the ER." Point taken.

  2. #2
    Remember that Payton vs Ny requires that for an officer to compel/force entry into a residence, the warrant myst be aeither a search warrant or a felony arrest warrant. You cant force wntry to execute a misdemeanor arrest warrant. The post was slightly unclear.

  3. #3
    Member Wheeler's Avatar
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    Quote Originally Posted by car541 View Post
    Remember that Payton vs Ny requires that for an officer to compel/force entry into a residence, the warrant myst be aeither a search warrant or a felony arrest warrant. You cant force wntry to execute a misdemeanor arrest warrant. The post was slightly unclear.
    "These appeals challenge the constitutionality of New York statutes authorizing police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest. In each of the appeals, police officers, acting with probable cause but without warrants, had gone to the appellant's residence to arrest the appellant on a felony charge and had entered the premises without the consent of any occupant. In each case, the New York trial judge held that the warrantless entry was authorized by New York statutes and refused to suppress evidence that was seized upon the entry. Treating both cases as involving routine arrests in which there was ample time to obtain a warrant, the New York Court of Appeals, in a single opinion, ultimately affirmed the convictions of both appellants."

    https://supreme.justia.com/cases/fed.../573/case.html

    It's been my experience that when discussion of something isn't included, in this case misdemeanor warrants, then it doesn't apply to them.
    Men freely believe that which they desire.
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