#2 Flashcards
Generally, if you violate Miranda, is physical evidence (dead bodies, SFSTS, dope) suppressed?
No, this doesn’t generally create a fruit of poisonous tree effect.
Generally, if a defendant and his attorney request an interview do you need to mirandize them?
No
Miranda deals with which amendments?
5th - self incrimination 6th - counsel14th - due process
Miranda: for Miranda, the presence of an attorney means:
Before and during questioning
Miranda: to ascertain the nature of an emergency is known as the:
Public safety exception
Who has the burden of proof to show a Miranda waiver was intelligently and knowingly made?What’s the test?What’s the burden?
The prosecutionTotality of circumstancesPreponderance of evidenceAN AFFIRMATIVE RESPONSE USUALLY SATISFIES THIS
Who has the burden of proof in proving a statement was voluntarily made in Miranda??
With a proper Miranda waiver, it is presumed to be voluntary. The burden of proof is on the DEFENDANT to challenge voluntariness. If proven, the burden shifts back to the state.Totality if circumstance test is used
What is fresh pursuit:
PC A person is wanted for a serious felonyInside a home/private placeIs about to flee
What are the three parts to plain view:
- Officer is in a position they have a legal right to be.2. Immediately apparent items are probably contraband/evidence 3. Seizure can be made without substantial additional intrusion “lawful right of access”
S+S• Exclusionary Rule and the Objective Test Under this rule, the legality of a search is based on objective reasonableness.Therefore the officers underlying intent is _________
Not RelevantFocus on his actions, not what he was thinking.
You may search an empty or abandoned vehicles if you have “_____________” to believe a weapon may be in the vehicle.
Reasonable suspicion
LVMPD limits the community care taking doctrine to (2)
Welfare checks and vehicle stops.
At a corrections facility, a strip search for weapons or contraband is based of what? And who is contacted?
Reasonable suspicionA corrections supervisor
Absent exigent circumstances or consent, officers are required to obtain a SW to enter a structure owned by a 3rd party to serve an AW or to make a PC arrest. SW must state why they think the bad guys there and why it’s reasonable to enter instead of wait.: rule
STEAGALD RULE.
Field strip searches shall be conducted rarely for life safety with the explicit approval of a BLANK and only in the presence of a BLANK.
Lieutenant Supervisor
When may officers seize a person? (4)AVIL
ArrestVehicle stop (driver and passenger)Investigative detentionL2K
In a structure, to do a limited sweep FOR WEAPONS in a subjects immediate access, an officer just needs:
To be legally present.
When may Officers seize a vehicle?(3)VIS
Vehicle stopImpoundSearch warrant
Per policy (search and seizure). What is a motor vehicle:
Vehicle operating or capable of behind operated.Self-propelled or towedThis includes trailers and motor homes etc.
All strip searches will be conducted by officers:
Of the same gender.
During a terry stop, Officers are allowed to ascertain (2)
Identity and purpose.
Per the handbook, may police do vehicles searches on a roadblock?
Yes, with PC!!Dog sniffs are ok too
What is hot pursuit:
A dangerous or felony suspect is fleeing from policeAn officer has DIRECT KNOWLEDGE of the suspects location, justifying a warrantless entry
What is the only consensual body cavity search?
A buccal swab