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Criminal Procedure > Ch 18 Motor Vehicle Exception & Inventory > Flashcards

Ch 18 Motor Vehicle Exception & Inventory Flashcards

1
Q

Motor vehicle exception is a long-standing exception to the __ amendment and article ___warrant requirement

A

4th amendment
Article 14

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2
Q

What are the two reasons that allow for the motor vehicle exception?

A

Mobility
Reduced privacy

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3
Q

Does the motor vehicle exception apply to other vehicles such as airplanes and boats?

A

Yes

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4
Q

When determining if a mobile home is covered under the motor vehicle exception, the answer depends on whether the vehicle is operational and being used for

A

Transportation

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5
Q

Does the motor vehicle exception apply when there is a reasonable suspicion or probable cause?

A

Probable cause

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6
Q

For the motor vehicle exception, the police must have probable cause to believe a vehicle contains evidence at the time they

A

Begin the search

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7
Q

For the motor vehicle exception, the vehicle has to be lawfully stopped on a public way or parked in an area of potential ______ or ______access

A

Public or perpetrator

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8
Q

If Bullets and a pack of cocaine are found on a person properly removed from a vehicle, does this give police probable cause to believe that there might be a gun and other drugs in the car?

A

Yes

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9
Q

The odor of marijuana along with another ________ factor provides probable cause to search a car

A

Distribution

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10
Q

Is the presence of a hidden compartment probable cause to search for contraband or a weapon?

A

Yes

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11
Q

If police are searching a vehicle with probable cause and they find a wire under the dash, can they manipulate the wire to open a hidden compartment without a warrant?

A

Yes

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12
Q

Does a report about stolen stereos justify a police stop and search of the defendants car

A

Yes

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13
Q

Does a six hour gap between a crime and a vehicle stop negate probable cause to search under the motor vehicle exception

A

No

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14
Q

Under the motor vehicle exception, if police have pre-stop probable cause they must execute their search without:

A

Unreasonable delay

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15
Q

In the Eggleston case,police were investigating a drug dealer and planned to make an arrest after his 5pm delivery. However, police decided to arrest him before he re-entered his car, due to traffic conditions and trying to avoid a chase. They searched his vehicle following the arrest and found drugs. Was this admissible

A

Yes because the police were able to justify why they delayed the search

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16
Q

If police develop probable cause before they stop and search a vehicle, they must be able to point to some aspect of their investigation that was:

A

Strengthened by not getting a warrant in advance

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17
Q

If police say they did not get a warrant ahead of time because they wanted to allow their suspect to meet an accomplice, is that a good enough reason

A

Yes

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18
Q

What locations may a search occur for the motor vehicle exception?

A

Street
Police facility
Or in both locations

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19
Q

Towing a vehicle to a police facility is acceptable under the motor vehicle exception if the search is completed within how long?

A

A reasonable period of time

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20
Q

A detective saw a drug transaction involving the defendant, the detective quickly searched the vehicle on the street and found nothing. It was then towed to the station, where another detective found 40 bags of cocaine. Is this admissible

A

Yes

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21
Q

A parked vehicle may be searched if:

A

The public or a perpetrator has potential access

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22
Q

Can police claim the motor vehicle exception if the vehicle was parked in the driveway with a flat tire and blown engine

A

Yes

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23
Q

Police locate a vehicle in a driveway following a motor vehicle hit-and-run involving a bicyclist. Can they tow the vehicle from the driveway without a warrant

A

Yes

24
Q

How long do officers have to complete their vehicle search before getting a warrant?

A

2 hours

25
Q

Substantial delays when completing a vehicle search may cause

A

Suppression of evidence

26
Q

A search under motor vehicle exception extends to what areas and containers

A

All areas and containers opened, closed and locked that might hold evidence, including the trunk

27
Q

If a detective is searching a vehicle for drugs can he remove an air filter from the engine?

A

Yes

28
Q

Can officers pry open a locked suitcase when searching a vehicle under the motor vehicle exception

A

Yes

29
Q

If police receive a tip about a container in a vehicle holding contraband, but can’t find the container once they search, can they search for contraband in other parts of the vehicle

A

Yes

30
Q

Can a confidential informant tip provide probable cause

A

Yes

31
Q

When police have probable cause to search a vehicle, can they also search passengers belongings that might hold evidence?

A

Yes

32
Q

When police have probable cause to search a vehicle, can they also search a passengers belongings, even if they lack probable cause to believe that the passenger is guilty of any wrongdoing?

A

Yes

33
Q

Once police have probable cause to search a vehicle is the passengers expectation of privacy reduced

A

Yes

34
Q

Can officers search a car if they observe a hypodermic syringe in the drivers shirt pocket in the driver admits it’s for a legal drugs

A

Yes

35
Q

3 requirements to the more vehicle inventory

A

Lawfully impounded
Written procedures
Inspection conforms to policy

36
Q

When must motor vehicle inventory be conducted?

A

When officers on scene DECIDE to tow the vehicle

37
Q

Should officers conduct an inventory if they decide to tow a vehicle improperly parked on private property

A

Yes

38
Q

The issue of motor vehicle inventories comes down to who makes the final ______ to tow

A

Decision

39
Q

Impoundment does not occur unless police are

A

Present

40
Q

Can police delay their implement decision, pending the results of their inventory

A

No

41
Q

When should officers communicate their decision to impound a vehicle to the motorist?

A

Before the inventory

42
Q

Is a motor vehicle inventory proper even if a driver is allowed to leave in the tow truck

A

Yes

43
Q

Do police have to consider reasonable alternatives before impounding and towing a vehicle?

A

Yes

44
Q

In order for an alternative operator to take possession of the vehicle, they must be (3)

A
  1. On scene before officers notify the tow company
  2. valid drivers license
  3. Approved by owner
45
Q

Which one requires consideration of reasonable alternatives? Fourth amendment or article 14.

A

Article 14
4th amendment does not

46
Q

Is bringing up a reasonable alternative, to towing the duty of the officer or the driver

A

Officer

47
Q

Lawfully parked means that the vehicle is ______ and legally parked in a public or private location

A

Secure

48
Q

What does it mean when a vehicle is considered secure?

A

Locked with windows closed

49
Q

Can a “high crime location” be justification for a reason to impound a vehicle?

A

No, not by itself

50
Q

Melanie‘s law mandates a 12 hour impoundment when any arrested motorist:

A

Refuses the breathalyzer or blood test

51
Q

Can officers tow a vehicle abandoned for more than 72 hours on private property?

A

Yes

52
Q

Can a vehicle on another person‘s property without permission be towed even if it’s not posted with no trespassing

A

Yes

53
Q

Can rental vehicles be impounded solely on the basis of an unauthorized operator?

A

No

54
Q

In what two situations should police notify a rental company and impound their vehicle at their discretion

A
  1. The rental agreement has expired
  2. The unauthorized operator does not have a valid license
55
Q

Does an unauthorized driver of a rental car maintain an expectation of privacy

A

Yes

56
Q

If officers stop a rental vehicle and are unable to determine whether the authorized operator gave permission to the current driver, what should they do?

A

Investigate whether the individual listed on the agreement allowed the current driver to operate the vehicle. If unable to confirm, officers should notify rental company

Criminal Procedure (4 decks)

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