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Exam 4 > 4th Amendment 2nd Part > Flashcards

4th Amendment 2nd Part Flashcards

1
Q

What 3 things do u need to arrest?

A

PC
Lawful Authority
Lawful Access

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2
Q

What makes up lawful authority?

A

Statutory Law
Police Officer Authority
Citizen Arrest

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3
Q

Where can you do a felony arrest warrant?

A

Public- anytime/anyplace

Home (REP)- suspect home- reasonable belief suspect is home

Someone else home- need S/W, Consent, or exigent circumstances

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4
Q

What do you need for a warrantless misdemeanor arrest?

A

Has to be committed in the presence of the officer

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5
Q

What can an officer do if they don’t witness the crime for a misdemeanor?

A

Need a warrant, consent, or exigent circumstances

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6
Q

What do you need for an arrest warrant for a misdemeanor if in a public place?

A

Anytime, any place.

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7
Q

What happens if suspect is in his home and you have a warrant for a misdemeanor arrest?

A

You need reasonable belief that the suspect is home.

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8
Q

What happens if the suspect is at Rogers pad at the 1 8 6 and you have a warrant for a misdemeanor arrest?

A

You need a search warrant.

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9
Q

What are some examples of refused admittance?

A

Verbals (HELLLL NAA)
Flight (Footsteps)
Gunfire….. Bang bang
Sounds of evidence being Destroyed

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10
Q

What are four requirements of the knock and announce rule?

A

Knock
Announce
Who you are/Purpose
Demand Entry

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11
Q

What are three things required before performing a search incident to an arrest?

A

Lawful Arrest
Contemporaneous
Clearly accessible

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12
Q

Plain View allows officers to seize evidence when what three things are present?

A

Lawfully Present
Immediately apparent
Lawful Access

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13
Q

What are two things you need to apply Mobile Conveyance Exception?

A

Readily Mobile

PC

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14
Q

An LEO can enter a house under exigent circumstances under what conditions?

A

Hot Pursuit
Destruction of evidence
Emergency scene

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15
Q

What Judges can issue a telephonic warrant?

A

Federal Judge only

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16
Q

What kind of Judges can issue Federal warrants?

A

Federal and State Judges (Court of Records)

17
Q

Between what hours can you serve a search warrant?

A

0600-2200

18
Q

What can you search for during a search warrant?

A

Whatever is listed on the warrant. Can also do plain view seizure.

19
Q

Can you detain everyone in the house during a search warrant?

A

Yes.

20
Q

Can you Terry Frisk everyone during a search warrant?

A

Only if you have reasonable suspicion that they are presently armed and dangerous

21
Q

Can you search someone during a search warrant?

A

Yes IF you have it listed on the warrant or you have PC.

22
Q

What is a protective sweep for?

A

A quick and limited search of a premises incident to an arrest conducted to protect safety of officers or others/

23
Q

What is the purpose of search incident to arrest?

A

Weapons
Any Evidence of any crime
Means of escape

24
Q

Can search incident to arrest get you into the truck?

A

No it never can.

25
Q

For someone to give you consent to search something they must have..

A

Actual Authority

Apparent Authority

26
Q

What is Attachment A in a search warrant?

A

Description of place to be searched

27
Q

What is Attachment B in a search warrant

A

Description of things or persons to be seized

28
Q

What is Attachment C in a search warrant?

A

Affidavit in support of search warrant

29
Q

If the address is wrong on the warrant and it was a TYPO, can you still do the warrant based on the physical description?

A

Yes.

30
Q

What must a federal arrest warrant contain?

A

Signature of Judge
Name of Defendant
The Offense Charge
Command to Arrest

31
Q

What is required for a felony arrest in a public place?

A

Any time, any place in public.

32
Q

what is required for a felony arrest in the suspects home?

A

Reasonable belief that they are there.

33
Q

What is required for a felony arrest in other REP locations? Example friends home

A

Search Warrant
Consent
Exigent Circumstance

34
Q

What is 18 USC 3109?

A

Knock and Announce Statute

35
Q

Under what conditions may an officer use force to execute a warrant (search or arrest) according to 18 USC 3109?

A

LEO may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, IF, after notice is authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.

36
Q

How long do you have to execute a federal warrant if no specified time period was given in the warrant itself?

A

14 days from the date of issuance.

37
Q

How long do you have to install a tracking warrant?

A

No longer then 10 calendar days from the date the warrant was issued.

38
Q

What are the three justifications for allowing the inventory of a lawfully impounded property without first obtaining a warrant?

A
  • LEO must protect the owner’s property while it remains in gov custody
  • An inventory protects the LEO against claims or disputes over damaged, lost or stolen property
  • An inventory is necessary to protect the LEOs from potential dangers that the property may pose.
39
Q

What does a LEO need to conduct a lawful inventory? Two requirements…

A

Lawful impoundment- Not a valid inventory if property is not lawfully in custody of the LEOs who perform the inventory.
Standardized policy- Valid inventories can only be conducted if Gov agency has a standardized police.

Exam 4 (8 decks)

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