301 - Search and Seizure (2 of 2) Flashcards
If an officer has reasonable suspicion that a person_____, _____ or ______, the officer may temporarily detain (stop) such person in order to determine the person’s identity and the circumstances surrounding the person’s presence abroad which led to the officer’s suspicions.
has committed, is committing, or is about to commit a crime
Stop and Frisk: The person may not be temporarily detained _____ to affect the purposes of the stop as described above.
any longer than is reasonably necessary
The person being temporarily detained (May/May not) be removed from the location of the stop or the immediate vicinity thereof.
may not
If the officer _____ to believe that the person being detained is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or another person, the officer may search (frisk) that person.
has reasonable suspicion
Stop and Frisk: An officer may conduct a protective sweep of the passenger compartment of an automobile, limited to _____, if the officer possesses a reasonable suspicion that the suspect is dangerous and may gain immediate access and control of weapons.
those areas where a weapon may be placed or hidden
Officers may conduct a search of a vehicle when there exists _____, based on facts that would justify the issuance of a warrant even though a warrant has not actually been obtained, to believe that contraband or evidence of a crime will be found in the vehicle.
articulable probable cause
Probable Cause Search of a Vehicle: The trunk of the vehicle may be searched, unless the _____ by the particulars of the probable cause.
scope of the search is limited
Probable Cause Search of a Vehicle: The particulars of the contraband/evidence being search for as indicated by the probable cause may limit the scope of the _____.
search parameters
Inventory searches are warranted for three reasons:
(1) Protecting the owner’s property,
(2) Protecting the police against lost or stolen property claims, and
(3) Protecting the police from potential danger.
Upon the impoundment of a vehicle, watercraft, or aircraft, an inventory search shall be conducted as per Order 330 (Wrecker Regulation) unless _____ is being conducted.
evidentiary processing
The scope of inventory searches includes the _____ and _____ areas of vehicles.
cabin and trunk
Whenever an item is in a location where it can be observed by a person, without that person doing something illegal in order to observe it, then that object is considered to be in _______
“plain view.”
Officers observing contraband or evidence of a crime that is in plain view may _____ and _____.
seize the contraband/evidence and take appropriate enforcement action
_____: A suspect may not defeat a lawful arrest that was initiated in a public place by fleeing to a private place. In addition, the Fourth Amendment does not require police officers to delay an investigation if to do so would gravely endanger their lives or the lives of others.
Hot Pursuit
Hot pursuit of a suspected misdemeanant is permissible where the misdemeanor is punishable by a _____.
jail sentence
If an officer has announced his or her authority and purpose (to arrest) and is in hot pursuit of a felony suspect, the officer may use all _____ and _____ to enter any building or property where the person to be arrested is or is reasonably believed to be.
necessary and reasonable force
Officers should consider _____ when making a decision to conduct a forced entry while in hot pursuit of a fleeing suspect:
the totality of the circumstances
Officers should consider the totality of the circumstances when making a decision to conduct a forced entry while in hot pursuit of a fleeing suspect: (4)
(a) The level of threat posed by the suspect;
(b) The seriousness of the crime (felony vs misdemeanor, violent vs non-violent);
(c) Whether or not the identity of the suspect is known for purposes of obtaining a warrant; and
(d) Whether there is a reasonable belief that the suspect will not be available later after the issuance of a warrant
Once an officer is inside of a residence or other structure as a result of a hot pursuit, any evidence of a crime discovered in plain view ____ admissible in court.
is
Officers may make a warrantless nonconsensual entry into a residence or other property whenever there is reasonable belief that: (3)
(a) A person inside is in medical distress;
(b) A person inside is in danger of being injured;
(c) A person or object inside poses an imminent danger to citizens, to officers, or to the property of the public.
_______: If officers reasonably believe that there is evidence of a crime in a residence or other property, and that such evidence would dissipate or be destroyed before a search warrant could be obtained, entry may be made for the purpose of preserving that evidence.
Evanescent Evidence
Cell phones or other electronic devices may be seized without a warrant if _____.
exigent circumstances exist
Can a search of a crime scene on public property may be conducted without a warrant?
yes
What must be obtained prior to processing a crime scene that is on private property?
A search warrant or consent
Crime Scenes: The exigent circumstances exception applies only to the extent necessary to _____ and _____
locate and aid possible victims.
