Case Law 2 of 4 Flashcards
Law enforcement officers may conduct a
protective sweep only when (1) the officers
are lawfully within private premises
for a legitimate purpose, which may
include consent to enter; and (2) the
officers on the scene have a reasonable
articulable suspicion that the area
to be swept harbors an individual posing
a _______________________.
danger
State v Davila, pg. 104 of your workbook
Police are permitted to search “only the
arrested person and the area under his
immediate control” incident to arrest. Immediate
control is defined as the area
“within his ____________________ or
grabble area”
reach
State v Rose, pg. 119 of your workbook
A police officer may not indiscriminately
search a vehicle compartment
when making a warrantless arrest
incidental to a ________________
_________________ offense.
motor vehicle
State v Pierce, pg. 121 of your workbook
The “search incident to arrest” exception
cannot be invoked in cases where the
occupant of a ____________________
has been arrested, removed and secured
elsewhere.
vehicle
State v Eckel, pg. 123 of your workbook
Police who require information related
to a screen name from an ISP,
they will have to obtain either a search
warrant, a grand jury subpoena or
an order to produce from the Superior
Court based upon a showing of
____________________.
relevance
State v Shirley Reid, pg. 69 of your workbook
For a driver to submit to a blood
test when the driver has been lawfully
placed under arrest for driving
while intoxicated, police must obtain ________________________ or a
search warrant.
consent
Missouri v McNeely, pg. 129 of your
workbook
A police department policy of releasing
an intoxicated arrestee should take
into account the dangers that the
person poses to himself and to the
_________________.
public
State v Greeley, pg. 137 of your workbook
Where removal rather than destruction
of evidence (drugs) is an issue,
_____________________ circumstances
exist in cases where the physical
layout of the premises makes effective
surveillance impossible and procuring a
warrant would give the subjects the opportunity
to escape with the evidence.
exigent
State v Lewis, pg. 139 of your workbook
Officers waiting for a search warrant
to be issued who have probable
cause to believe that evidence of
a crime or contraband is hidden in
a home should secure the home for
a reasonable period of time from the
________________________.
outside
Brown v State, pg. 145 of your workbook
A simple assault within a home that is
witnessed by police officers from outside,
constitutes sufficient basis for officers
to enter the residence without a
___________________.
warrant
Brigham City v Stuart, pg. 147 of your
workbook
The police can enter a private
residence without a warrant
under the “________________
___________________” exception
where the residence has recently been
or is being burglarized.
exigent circumstances
State v Faretra, pg. 149 of your workbook
The police are justified to enter someone’s
home under the care-taking
function to investigate reports of an
____________________.
emergency
State v Frankel, pg. 151 of your workbook
In a community caretaking situation
where there is no emergency,
an officer must have
_________________________ or a
warrant to enter a residence.
consent
State v Vargas, pg. 153 of your workbook
Absent exigent circumstances, it is a
violation of federal and state law to
conduct a search of a vehicle for
___________________ purposes, unless
the driver consents or is given a
reasonable opportunity to make other
arrangements.
inventory
State v Ercolano, pg. 167 of your workbook
In the absence of a search warrant or an
indication of ______________________
activity, a law enforcement officer must
give a person an opportunity to remove
possessions from a lawfully impounded
vehicle before conducting an inventory of
its contents.
criminal
State v Mangold, pg. 169 of your workbook
Police may not routinely impound a
motor vehicle and inventory its contents
whenever the driver is arrested
for a _________________
____________________ offense.
motor vehicle
State v Slockbower, pg. 171 of your workbook
A fully mobile motor home, located in a
public parking lot will be deemed to fall
within the “_______________________
exception” to the 4th Amendment warrant
requirement.
automobile
California v Carney, pg. 177 of your workbook
Law enforcement officers may develop
sufficient probable cause to search a
vehicle’s ____________________ when
several ounces of cocaine is found in the
passenger compartment, and an occupant
acknowledges putting a bag in the
trunk but is unaware of its contents.
trunk
State v Letman, pg. 193 of your workbook
Presence of a small amount of
marijuana for personal use does
not provide ____________________
_____________________ to suspect
that there’s a larger amount being transported.
probable cause
State v Patino, pg. 195 of your workbook
A “reasonable and articulable suspicion”
that criminal evidence will be
found is necessary prior to asking
for a ___________________________
search on a motor vehicle stop.
consent
State v Carty, pg. 203 of your workbook
In order for a consent search to be valid
under New Jersey law, the state needs
to prove that the person knew he had
a right to _______________________
consent.
refuse
State v Johnson, pg. 207 of your workbook
To ask for consent to search a
vehicle which is disabled on the
roadway, police must have reasonable
and articulable suspicion that
_______________________ or criminal
evidence will be found therein.
contraband
State v Elders, pg. 209 of your workbook
When a motorist is pulled over for
a routine lawful traffic stop, the police
are allowed to have a police
_______________________ sniff
around the motorist’s vehicle.
canine
Illinois v Caballes, pg. 211 of your workbook
Officers who are asking for consent
to enter a room or dwelling, need
not advise people of the right to
refuse entry. The right to refuse warning
attaches to the request for a
________________________, not an
entry that is not search related.
search
State v Padilla, pg. 217 of your workbook
