Academy Notes

Question 1

State v Esguerra

Answer 1

“Generally, one who owns, controls or lawfully possesses property has a legitimate expectation of privacy.”

Question 2

Katz v U.S., 389 U.S., 347, 361 (1967) - Twofold requirement

Answer 2

1: a person have exhibited an actual (subjective) expectation of privacy
2: the expectation be one that society is prepared to recognize as reasonable

Question 3

What occurs when a expectation of privacy that society is prepared to consider reasonable is infringed?

Answer 3

Search

Question 4

What occurs when there is some meaningful interference with an individual’s possessory interests in that property?

Answer 4

Seizure

Question 5

What is the Exclusionary Rule?

Answer 5

And and all evidence, which is seized using illegal governmental practices, shall be excluded in court. It is essentially tainted by the illegality.

Referred to as “fruit of the poisonous tree”

Question 6

What are the different levels of proof?

Answer 6

1: Reasonable suspicion
2: Probable cause
3: Preponderance of the evidence
4: Clear and convincing evidence
5: Proof beyond a reasonable doubt

Question 7

Define probable cause

Answer 7

Evidence that would lead a reasonable person to believe that an offense has been, or is being, committed OR that seizable objects are in the place to be searched.

(More than suspicion. Facts and circumstances within an officer’s knowledge based on reasonable trustworthy information)

Question 8

Facts of reasonable suspicion

Answer 8

1: Does NOT entitle police to make an arrest
2: Does NOT entitle police to make a search
3: DOES permit police to further investigate base upon
- The officer’s suspicion
- Based on observable facts and logical inferences

Question 9

What is a search warrant

Answer 9

An official authority granted by a neutral magistrate (judge) to search a particular place for particular items or persons

Question 10

The affidavit of a search warrant must show

Answer 10

1: The items sought to be seized are evidence of a crime
2: The criminal evidence sought is located at the place to be searched

Question 11

What can you get a warrant for?

Answer 11

1: Property which has been obtained or is possessed in a manner which constitutes a criminal offense
2: Property designed or intended for use, or which is or has been used, as the means of committing a criminal offense
3: Property which would be material evidence in a criminal prosecution
4: A person for whose arrest there is probable cause or who is unlawfully restrained

Question 12

What papers make up a warrant?

Answer 12

1: Affidavit for search warrant
2: Search warrant (Nighttime authorization if necessary)
3: Return & Inventory

Question 13

What NEEDS to be included in a search warrant affidavit?

Answer 13

1: Defendant’s Name
2: What you want to look for
3: Where you want to look
4: PC - Why is it evidence? Why is it there?

Question 14

Search warrant execution timeframe

Answer 14

May not begin before 0600 or after 2200 UNLESS a nighttime exception is granted

Question 15

Nighttime exception criteria

Answer 15

1: Exigency - evidence may get destroyed
2: Officer safety

Question 16

How long do you have to serve a search warrant once it is signed?

Answer 16

Within 10 days of issuance

Question 17

Steps for executing a search warrant

Answer 17

1: Prepare paperwork
2: Get judges signature
3: Knock and announce presence
4: Search for named items
5: DO NOT look in any place that could not contain what you’re authorized to look for
6: Prepare the “Return & Inventory” of items seized (or not found)
7: File the original warrant, affidavit and return and inventory with the court that issued it

Question 18

When getting a search warrant based off information received from a confidential informant, what 2 criteria are needed?

Answer 18

AGULAR-SPINELLI test

1: What is the CI’s history of reliability?
2: How does the CI know what he says he knows about the present situation?

Question 19

When is a court order required to get fingerprints?

Answer 19

Children under 13

Question 20

When giving consent for a search, a person must have what 3 things in respect to the search area

Answer 20

1: Access
2: Control
3: Use

Question 21

Exigent circumstances defined…

Answer 21

An URGENT situation requiring swift action to prevent:

1: Imminent danger to life
2: Serious damage to property
3: To forestall the imminent escape of a suspect
4: Destruction of evidence

Question 22

A warrantless entry into a residence requires 2 things

Answer 22

1: Probable cause
2: Exigent circumstances

Question 23

In relation to “emergency searches,” what are the 3 requirements for an Emergency Assistance entry?

Answer 23

1: State must show under an objective standard that the officer reasonably believed that a person within was in need of immediate aid to protect or preserve life or avoid serious injury
2: Officer’s motivation for the initial decision to enter the home is to render protection of human life or property in imminent danger and not to perform criminal investigation
3: The police did not expand the scope of the initial intrusion beyond what is necessary to address the emergency

Question 24

What is a protective sweep?

Answer 24

A quick, limited search of premises. (Concept of terry frisk expanded to include a house. Looking for a person)

Question 25

When can a protective sweep be conducted?

Answer 25

1: After a lawful arrest
2: When an officer has a reasonable belief based on articulated facts and other rational inferences from those facts to believe another person is present who presents a danger to the officer or other present

Question 26

Plain view exception

Answer 26

Items may be seized without a warrant if the police officer was lawfully position when the evidence was observed, and the incriminating nature of the evidence was immediately apparent

Question 27

Plain view areas

Answer 27

1: Public place
2: In a place with consent to be there
3: In a place because of court authorization (search warrant)

Question 28

Dog searches and odors - expectation of privacy?

Answer 28

A person does not have a legitimate expectation of privacy in the odors emanating from his/her belongings in a public place