Case Law

Question 1

Is the exchange of glassine envelope observed by a narcotics investigator probable cause?

Answer 1

Yes
People v McRay, People v Charles, People v Hester

Question 2

Is the purchase of a gun holster, leading to an inquiry, leading to recovery of a gun a good arrest?

Answer 2

Yes
People v Samuels

Question 3

Is the pretext stop of a vehicle good in NYS?

What about a pretext arrest?

Answer 3

Yes. People v Robinson says you can use a vtl infraction as a reason to stop a vehicle you believe to be suspicious.

No. An arrest cannot be the pretext for a search.

Question 4

According to Payton v New York, what three conditions must be met for a person to be arrested in their home?

Answer 4

1. Exigent/emergency circumstances
   2.Consent
   or
2. Arrest Warrant

Question 5

Can a wife consent to search of her and her husbands home?

Answer 5

Yes, unless the husband says “no”. then the no trumps the yes.

Question 6

Can an inventory search be done to search for evidence?

Answer 6

No

Question 7

Do you need a warrant to search a crime scene in a private home?

Answer 7

Yes. Unless the sole occupant was the victim in a homicide.

Question 8

Is simply “peering” inside a stopped vehicle a search?

Is an inventory search authorized if the result of an unlawful arrest?

Answer 8

No

No

Question 9

Can you set up a roadblock for drug interdiction?

Answer 9

No. Only DWI and vehicle safety checks are ok.

Question 10

Can you stop a car because it came from a jurisdiction where stealing of cars is common?

Answer 10

No, this is called geographical profiling.

Question 11

When can you make a stop based on anonymous info?

What if the informant isnt completely anonymous? (ex. tenant in apt 1H of multiple dwelling calls and gives description of man with a gun).

Answer 11

When the anonymous info corroborates the IDENTITY of the suspect and corroborates the criminality of the suspects conduct.

If you arrive and see the described suspect a stop is good.

Question 12

Where should a SILA be conducted?

What can be the scope of a SILA?
Pill box? Suitcase?

Answer 12

ASAP at location of arrest. If not possible must have valid reason.

Immediate area, clothing, and small containers.
Pill box is ok, but would need probable cause for suitcase or backpack.

Question 13

Does “grabbable/lungeable” area include closets/cabinets etc?

If defendant is removed from a vehicle can you still search it?

If you have probable cause can you search anywhere in a vehicle?

Answer 13

Yes.

No. You need probable cause may find a weapon, evidence of a crime, contraband or escape may be thwarted.

Yes. Even a locked suitcase.

Question 14

1. Must a person be advised that he has right to not consent?
2. Can spouse give consent to search joint property? Common law marriage? Boyfriend/Girlfriend?
3. Parent of premise occupied by minor child? Can child consent tp parent’s property?
4. Can hotel personnel give consent to search room?
5. Principal of school lockers?

Answer 14

1. No. But helps prove consent was voluntary.
2. Yes. Yes. Yes, even if part time resident, as long as they have keys.
3. Yes. No (but older children can if they have joint access and control)
4. No. Unless its unoccupied or bill hasn’t been paid.
5. Yes, and only need reasonable suspicion.

Question 15

1. What are the three rules of the plain view doctrine?
2. Can a PO reach into car and move papers to read VIN?
3. If in house and have reasonable suspicion that a stereo is stolen can you lift it to check serial #?

Answer 15

1. Officer must be at location lawfully, must have probable cause the item is illegal, and discovery must be inadvertent
2. No
3. No

Question 16

Can you conduct a warrantless search of crime scene to render aid/locate victims? What about to photograph victim before they are moved?
What about to find possible perp still at scene?

Answer 16

Yes, Yes, and Yes

Question 17

1. Is it ok to do show up on street with suspect in handcuffs?
2. Officer show up at stationhouse for buy and bust?

Answer 17

1. Yes. People v Duuvon
2. Yes, if it occurred that day. People v Thomas. People v Gordan

Question 18

1. After returning license and issuing summons can an officer continue to detain a driver to search a vehicle, etc.?
2. Presentation of false identity gives officer ____ suspicion.
3. Is the right to stop a vehicle similar to the right to stop a person on the street?

Answer 18

1. No
2. Founded
3. Yes

Question 19

1. Regarding a vehicle stop in connection with a crime; an officer has reasonable suspicion to make a stop if vehicle is seen within ____(time) after the crime, and within ____(distance) from the incident.

Answer 19

1. 1/2 hour, 1 mile

Question 20

1. Probable cause to make an arrest based on an informant is two-pronged Aguilar/Spinelli Test = ____ and ____
2. What is the test for making a vehicle stop based on an informant?

Answer 20

1. Is the informant reliable and is the informant’s current information reliable?
2. Its less stringent. The only requirement is to show reliability and the basis of knowledge.

Question 21

1. _________ is the essential factor in determining the validity of a roadblock or roving patrol?

Answer 21

Arbitrariness

Question 22

1. Do you need a search warrant to install GPS on someone’s car?
2. Can you search digital info on an arrestee’s phone?
3. Can you extend a traffic stop solely to conduct a dog sniff
4. Can a suspect fleeing rise suspicion from founded to reasonable?

Answer 22

1. Yes US v Jones if a trespass or breach of a reasonable expectation of privacy
2. No, you need a warrant. Riley v California
3. No Rodriguez v US
4. Yes People v Gayden

Question 23

1. Can an officer run a license plate without any suspicion of wrongdoing?
2. Can an officer enter the curtilage of home to search a parked car?
3. Do you need a warrant to obtain info from a cell phone carrier about a phone? What about location data?

Answer 23

1. Yes People v Bushey
2. No Collins v Virginia
3. Yes. Yes, unless exigent circumstances Carter v US

Question 24

1. Can a person who is “slow” mentally waive Miranda rights? What about a juvenile?

Answer 24

1. Yes and Yes
   (Providing legal education is not the business of the court) A suspect does NOT need advice from an independent person

Question 25

1. Health Dept. Inspector observes contraband while checking a store. Do you need a warrant to retrieve it?
2. Must the info in a search warrant affidavit be sworn under oath?
3. As a general rule should a search precede the arrest upon which it is based
4. Wolf v Colorado was overruled by ___ v ___.
5. If arrestee gives briefcase and key to another before arrest and they then bring it to the police to search is that ok?

Answer 25

1. Yes
2. Yes
3. No. An arrest should precede the search
4. Mapp v Ohio
5. Yes. The arrestee’s right to privacy was surrendered when he gave possession to another

Question 26

1. T or F: Police jurisdiction for “stopping” a suspect is evaluated by the courts at the moment the stop is made and not by what turns up at the stop.
2. Is a protective frisk an investigative technique?
3. If an officer sees something suspicious he has the right and duty to investigate it.
4. Do police have a limited right to detain suspects while their threshold investigation is developing?

Answer 26

1. True
2. No
3. True
4. Yes