California Legal Source Notebook Flashcards
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Before doing a probation or parole search Officers should check for search conditions of his parole or probation.
True
If a juvi or adult is on searchable probation, you may search any property under his control without any suspicion and without contacting the probation Officer.
True
Is evidence found during a suspicion less probationers search admissible in court?
YES
Can you enter a third persons residence to arrest a suspect who is visiting there who is on parole or probation without a warrant.
No, entry may bring up civil right violations to the 3rd persons right to privacy.
How long do probation search conditions remain in effect.
Until probation is formally revoked.
What conditions validate a consent search;
Voluntary
Obtained by a person of authority or apparent authority
Search becomes invalid if it exceeds the scope(limits) of the consent.
Should you ask for consent to search even if you have a warrant
Yes because if later during court the warrant is declared defective evidence obtained in the search will still be valid because of the consent.
What are the two circumstance now required to validate the search of a vehicle incidental to arrest.
An arrestee could gain access to the passenger compartment or
It would be reasonable to believe evidence relevant to the arrest would be found in the vehicle.
What hours may a search warrant be served …. Unless
7am to 10 pm unless judge authorizes night times
What is the time limit for a warrant to be served and returned
10 days
4th Amendment
Reasonable Expectation to Privacy
The right of people to be secure in their house, papers effects against unreasonable search and seizures and shall not be violated but upon warrant supported by probable cause and supported by oath of affirmation
What consitutes a search?
When a govt. Officials infringes upon an expectation of privacy..
Consensual encounter voluntary and person remains free to leave.
T or F
True
Definition of a Detention
Person would believe he is not free to leave.
What does a person have to do for a detention exist…
Submit to assertion of authority
What are the two ways a person seized under the Fourth Amendment
Physically restrained
Submit to peace officers authority
In cases of warrantless arrest of adults there must be judicial determination of probable cause not more than _____ hours after suspect is arrested.
48 hours
In cases of warrantless arrest of juveniles there must be judicial determination of probable cause not more than _____ hours after suspect is arrested.
72 Hours
How many phone calls is someone placed under arrest allowed to make and with in how long?
3 calls within 3 hours no charge
If the arrestee is a custodial parent how many additional calls do they get?
2 additional total 5
6th Amendment
Right to Counsel
Ramey warrant- an arrest warrant made before a criminal complaint is filed, once arrested a criminal complaint must be filed.
T or F
True
3 circumstance when u can enter an area where a person has a reasonable expectation to privacy?
Warrant
Emergency/exigent circumstances
Valid consent
If u see marijuana growing in a fenced backyard can you make entry?
No, not without a warrant
A traffic stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
True
Or false
True
5th Amendment
A person shall not be compelled in any criminal case to be a witness against himself.
Sixth Amendment
Right to counsel
Both __________ and _________ must exist at the same time to mirandize a suspect
Custody and interrogation
Establishing “standing
1) whether the defendant has a property or possessory interest in the thing seized or the place searched; (2) whether he has the right to exclude others from that place; (3) whether he has exhibited a subjective expectation that it would remain free from governmental invasion; (4) whether he took normal precautions to maintain his privacy; and (5) whether he was legitimately on the premises
I.E. a person who has rented a room with a stolen credit card lacks standing to contest entry by police, including compliance with knock and notice
a person who is merely present in a hotel room that is rented to another lacks standing to question the validity of the police entry
Standing also would be lacking for a short term (2-1/2 hour) visitor to an apartment or for a mere “visitor” to a home who is there with the host’s permission, even though he may have relatively full use of the premises during his visit
Define search
A “search” occurs when a government officer infringes upon an expectation of privacy that society considers reasonable. (Jacobsen (1984) 466 U.S. 109, 113.)
True or false A “consensual encounter” is a contact between an officer and an individual that is strictly voluntary
True
During a consensual encounter the person must remains totally free to leave or not cooperate
True or false
True
T or F
Activating your emergency lights (red and blue) as you pull up by a parked car constitutes a detention (assuming the person feels he is not free to leave
True
T or F
if you pull up by a parked car and leave it room to drive away, there is no detention, even if you direct your highbeams and white spotlight into the passenger compartment.
True
T Or F
spotlighting person on the street while “rushing at him” and asking questions regarding “legal status” is a detention.)
True
T or False
by giving orders, demanding answers, displaying a weapon, using a harsh tone, telling him to stop doing X or to move to some other location, etc.–the contact will be viewed as a detention and it will be illegal unless supported by “reasonable suspicion
True
