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PRO 2024 > Chapter 16- Exigency And Emergency Aid > Flashcards

Chapter 16- Exigency And Emergency Aid Flashcards

1
Q

What are the limitations on exigency in the home? (2)

A

-Cannot be based on a circumstance that should have been anticipated.
-Must obtain a warrant if exigency ends.

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2
Q

When is exigency considered to be over? (3)

A

Exigency is over if:
* Suspect has been arrested or removed from the house
* No longer any risk that evidence will be destroyed or removed
* All occupants of the premises have been removed and police post a guard.

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3
Q

In the case of a woman who was pistol whipped and police find out the pistol is in the man’s backyard is there exigency

A

No exigency - police already secured the scene, they needed a warrant.

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4
Q

What is ‘Hot Pursuit’ in law enforcement?

A

The pursuit of a felon or jailable misdemeanor suspect.

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5
Q

What action did officers take when they did not receive an answer at one apartment door during a hot pursuit?

A

Entered the apartment and arrested the suspect.

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6
Q

Police see suspect on her door step they go talk to her and she runs inside, can they pursue?

A

Yes hot pursuit

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7
Q

What creates exigency during a hot pursuit?

A

Flight itself usually creates exigency

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8
Q

When should officers NOT enter a residence during a misde pursuit? (3)

A
  1. If the suspect fled into their own house
    2.believes the suspect won’t destroy evidence
  2. has no information that the suspect poses a risk of violence
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9
Q

What is the legal status of a refusal to stop in relation to misde pursuits?

A

Refusal to stop is a non-jailable offense and does not allow hot pursuit

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10
Q

What was the outcome of the officers chasing a suspect who ran into a home after a civil infraction?

A

The evidence found (a gun) was deemed inadmissible due to only having probable cause for a civil infraction

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11
Q

Under what circumstance may officers enter to investigate a crime?

A

If there is reasonable belief of a crime in progress, such as an open door

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12
Q

What is required for police to justify entry in a domestic violence situation?

A

Potential victim must be at risk to justify the entry

If a victim comes to the station stating they are in danger, police may need a warrant to enter the suspect’s property unless there is an immediate threat.

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13
Q

True or False: Victim’s objection matters in determining police entry.

A

False

The objection of the victim does not restrict police entry if there is reasonable belief of danger.

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14
Q

Under what circumstances can police enter a house to restore peace?

A

When there is an ongoing disturbance

Police must assess the situation; if the disturbance has ended, entry may not be justified.

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15
Q

In what scenario is police entry considered good in relation to loud music?

A

Persistent loud music despite multiple requests to stop

If attempts to resolve the noise issue fail, police can enter to restore order.

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16
Q

True or False: Police can force entry if they ask tenants to turn down music then see a known gang member running in the living room

A

False

Officers must have a valid reason for entry; seeing a gang member alone does not justify forceful entry.

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17
Q

Called for party in backyard with fireworks, arrive and hear nothing so they enter backyard and see owner and cocaine in plain view, good?

A

No, no exigency or consent

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18
Q

Underage drinking exigency is justified by what

A

Safety risk and destruction of evidence

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19
Q

What are the three main dangers that create exigency for law enforcement?

A

Violence, destruction of evidence, escape

These factors must establish probable cause and a real threat.

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20
Q

What must law enforcement have to justify actions based on exigency?

A

Probable cause

This is essential to proceed with exigent circumstances.

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21
Q

Name a factor that creates exigency related to the nature of the crime.

A

Felony and present violent crime

The severity of the crime impacts exigent circumstances.

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22
Q

What does it indicate if a suspect is believed to be armed?

A

Dangerous to delay entering

This increases the urgency for law enforcement action.

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23
Q

How does awareness of police involvement affect the situation?

A

It may incentivize violence, escape, or destruction of evidence

Suspects may act out of fear of apprehension.

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24
Q

What is one thing about nighttime that allows for exigency

A

Magistrates are less available

This can hinder the ability to obtain a warrant quickly.

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25
Q

What is the rule regarding police creating exigency to enter without a warrant?

A

Police cannot create exigency to justify their decision to enter without a warrant

This principle ensures that law enforcement must follow legal protocols and not manufacture emergencies.

26
Q

Police are applying for a warrant for a suspect for home invasion when an officer goes to his house and knocks on the door, he runs and officer enters the house after him - good or bad

A

No good
## Footnote

In this case, police were in the process of applying for a warrant but chose to act without it.

27
Q

Was the entry to arrest a rape suspect without a warrant deemed acceptable?

A

No, it was not acceptable

This highlights the requirement for a warrant in instances not involving immediate danger.

28
Q

In a violent crime scenario where a person shot co-workers due to delusions, was the police entry justified?

A

Yes, the entry was justified

The urgency was based on the potential for further harm to others.

29
Q

What happened when officers responded to a murder suspect who took a cab to a residence?

A

The entry was deemed good and justified

Officers acted on credible information regarding the suspect’s whereabouts.

30
Q

In the scenario where an undercover officer was involved in a drug buy, was the entry based on safety justified?

A

Yes, it was justified

The presence of police outside created a safety concern for the undercover officer.

31
Q

Was the entry to arrest an escaped felon without a warrant justified?

A

No, it should have involved obtaining a warrant

This case reinforces the necessity of following legal procedures in arrests.

32
Q

Seeing people packaging drugs outside a house- good entry?

A

No good - get a warrant

This scenario does not justify immediate entry.

33
Q

Does a last second change due to a controlled buy in an apartment allow for entry by other officers

A

Yes
## Footnote

Officer signaled the team to enter, making it a good entry.

34
Q

What does ‘problems that SHOULD be anticipated do not create exigency’ imply?

A

Anticipated problems cannot justify immediate actions without a warrant.

35
Q

Drug dealer is arrested then officer heard him call friends and told them to dump drugs - exigency to enter house or no

A

No should have anticipated that

36
Q

Feeling the engine of a car that was used in a homicide - exigency or no

A

Yes

37
Q

Blood on hands after killing girlfriend was the swab justified by exigency

A

Yes

38
Q

Stopping a guy who appeared to have stolen diamonds, taking them until determining if they were stolen or not was justified by

A

Probable cause to search not arrest

39
Q

What is the standard for emergency aid? Standard of knowledge and (3) things

A

Reasonable suspicion that emergency assistance is needed to prevent physical harm, protect life, or provide assistance

This standard allows for immediate action in emergency situations without prior consent.

40
Q

What should have been done with the tequila bottle found during the well-being check?

A

Test it immediately

Delaying the testing of evidence can compromise the integrity of the investigation.

41
Q

What was the outcome of waiting four months to test the tequila?

A

No good; the evidence was compromised

Timeliness in evidence collection and testing is critical in legal proceedings.

42
Q

What is required for a seizure to be valid in this context?

A

Consent or a search warrant

Seizures conducted without proper legal authority may be deemed unlawful.

43
Q

What should you do if there is no answer at the door during a welfare check?

A

Check with dispatch for any past problems

Walk around perimeter

Talk to neighbors

This ensures that any prior incidents are taken into account before proceeding.

44
Q

Who should give consent for entry during a welfare check?

A

Supervisor

It is important to have proper authorization before entering a property.

45
Q

Elderly woman looking bad on the street and having health problems, police show up and she’s gone, well being check at her house finds guns - good or no

A

Good

This was discovered after entering her house for a well-being check.

46
Q

In a case of possible abuse or neglect, no answer at the door allowed for entry?

A

No entry under emergency aid

This emphasizes the importance of legal protocols during investigations.

47
Q

Child who tells teacher she is abused at home along with brother- entry good or bad

A

Good
## Footnote

This highlights the role of counselors in reporting suspected abuse.

48
Q

24 year old guy goes with 15 year old girl to his house - exigency or no

A

Yes

This situation underscores the risks associated with minors and adult relationships.

49
Q

Are multiple entries after multiple days for the same incident allowed under emergency aid

A

Yes

50
Q

Apartment smelling like drugs and chemicals- good on emergency aid?

A

No

51
Q

Smell of gas from a gas leak at an apartment, police enter and handcuff the occupant was this good

A

Yes

52
Q

What is a warrantless entry in the context of fire scenes?

A

An entry made to remove occupants or check for the cause and origin of a fire without a warrant.

Warrantless entry is allowed under specific circumstances, such as when smoke is present or when occupants need to be rescued.

53
Q

Fire starts at 5am and still tending to it, investigators go in at 0700 is this good or need a warrant

A

Good

This situation justifies the immediate action taken by firefighters.

54
Q

When can investigators accompany firefighters during a fire

A

Firefighters may be joined by investigators while their equipment remains engaged at the scene.

This collaboration is crucial for accurate investigations.

55
Q

What is the status of the firefighters’ actions 6 hours after the fire is extinguished without equipment on scene?

A

NO GOOD; they need an administrative warrant for further entry.

This highlights the importance of having proper legal authorization for post-fire investigations.

56
Q

What does obtaining an administrative warrant for fire scenes require? (2)

A
  1. A fire of undetermined origin occurred.
  2. Assurance that privacy of fire victims will not be intruded unnecessarily.

The search should be conducted at a reasonable and convenient time for the victims.

57
Q

Fill in the blank: To obtain a warrant for fire scenes, you must show that a fire of _______ origin occurred.

A

Unknown

Establishing the nature of the fire is essential for legal proceedings.

58
Q

What does an admin warrant do during fire scenes

A

Allows investigators to enter the buildings after the fire is over

59
Q

When do you need a search warrant at a fire scene

A

When you want to investigate beyond the origin of the fire aka you know it was arson

60
Q

If you have RS that the fire was started by arson what do you need to enter

A

Admin warrant

61
Q

If you have PC that the cause of the fire was arson what do you need

A

Search warrant

62
Q

Report of two dead dogs on a the property and one emaciated one and can’t find owner - good entry?

A

Yes

PRO 2024 (16 decks)

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