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Crim Law Other > Consent > Flashcards

Consent Flashcards

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1
Q

Why are consent entries and searches allowed?

A

Because citizens may voluntarily choose to give up their privacy

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2
Q

What are the three essential components of valid consent?

A

Voluntary and clear
Lawful presence and proper scope
Authority

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3
Q

Who has the burden of proving consent was voluntary?

A

Police and prosecutor

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4
Q

What standard of proof is needed to show consent was voluntary

A

Preponderance of the evidence aka probable cause

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5
Q

A person may not consent if they are intimidated or in fear of the police, but they may consent if they are afraid of

A

Another person

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6
Q

Written consent is not required, but if officers do rely on a written permission, it must be acquired _____ the search begins

A

Before

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7
Q

Can failing to use an available consent form indicate a lack of voluntariness?

A

Yes

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8
Q

Do police have to warn an individual of their right to refuse consent aka informed consent

A

No

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9
Q

Does advising a suspect that he may refuse increase the likelihood that consent was voluntary?

A

Yes

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10
Q

While an officer waited for a consent form to arrive he asked the defendants girlfriend about her four-year-old son and mentioned reporting incident to DCF is this coercive?

A

No, because the officer was a mandated reporter, and his request was legitimate and not overbearing

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11
Q

An officer told the defendant that if police searched with a warrant, they were damage the apartment, but if he consented, they would show a little courtesy. Is this coercive?

A

Yes

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12
Q

Can consent be considered voluntary if an officer announces their intention to apply for a search warrant

A

Yes but officers must say they will SEEK a warrant and not imply they have the power to issue one themselves

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13
Q

Police may only tell a defendant that they will seek a search warrant if they have information that amounts to

A

Probable cause

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14
Q

An officer saw a flask in a defendants car. He told the defendant if he did not consent to a search, he would apply for a search warrant. Was this lawful

A

No, because the officer had no reason to believe the flask contained alcohol or that the defendant was oui. The defendants consent was invalid because there wasn’t probable cause to get a warrant

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15
Q

May Police promise not to charge a suspect in order to get consent to search

A

Yes, as long as they keep their promise

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16
Q

Police told the defendant they would not charge him with drug possession if he let them search his bedroom drawer. They did not charge him a drug possession, but they did charge him with possession of ammunition they found in the drawer. Was this lawful?

A

Yes

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17
Q

The suspects _______ background, ________ make up and ______ are relevant to consent

A

Educational
Emotional
Intoxication

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18
Q

If a defendant is able to converse with Police coherently and change his babies diaper, are they too intoxicated to consent to a search

A

No

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19
Q

Does prior cooperation indicate voluntary consent? For example, if the defendant asked Police to come to his home.

A

Yes

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20
Q

Can consent be considered voluntary when the suspects authorizes a search to prove his innocence?

A

Yes

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21
Q

A defendant demanded to see police identification, and reviewed their warrant before he let them in his house. He later consented to a search of his computer, which had child pornography. What helps this be considered voluntary consent

A

The suspects assertive reaction gave no indication that he was intimidated by Police

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22
Q

A defendant refused to allow police to take her fingerprints or search your car, but she later consented for Police to examine her phone. Is this voluntary

A

Yes

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23
Q

Consent from more than one person is usually _______

A

Voluntarily
For example, if a father and mother agree to allow Police to search their sons room

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24
Q

Is it possible for Police to get voluntary consent from a suspect in custody?

A

Yes, but it is more difficult

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25
Q

While a suspect may explicitly and implicitly consent, his communications to the police must be

A

Clear and unambiguous

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26
Q

An officer asked a motorist if he could look inside their trunk. The motor said “OK” and release the lid. Is this implicit or explicit consent

A

Implicit

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27
Q

An officer called out to a suspect that he knew from a previous drug possession arrest. The suspect responded. I’m clean this time and spread his hands out. The officer stepped in and patted him down finding a vile of amphetamines. Was this an invitation to search?

A

No

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28
Q

For a physical gesture to indicate consent, it must be in response to either (2)

A
  1. An explicit request to enter
  2. Inexplicit statement about Police purpose (ex Rose we need to speak to Dani about an incident. Where is he now her pointing at the kitchen now becomes a clear invitation to enter)
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29
Q

Voluntary consent may come from a non-English speaker provided the request and response were properly _______

A

Translated. be sure to document who helped translate ideally, a translated conversation should be recorded

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30
Q

Does unlawful entry invalidate later consent?

A

Yes

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31
Q

Requesting consent is a investigative step that _________ on the side of the road during a traffic stop

A

Spontaneously develops

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32
Q

During a car stop if you ask for consent to search the vehicle, does silence mean they consented

A

No

33
Q

Who has primary authority to consent to a vehicle search?

A

The owner. If the owner is not present, the driver may consent to a search. A passenger typically does not have that authority.

34
Q

During a consent search can officers remove a few screws, holding down the carpet in order to find a false door

A

Yes

35
Q

Can officers open locked container during consent search

A

No, they need separate permission

36
Q

During a consent search, can an officer open a briefcase in the trunk by manipulating its combination lock

A

Yes

37
Q

In consent vehicle searches, officers need separate permission to search beyond the (3)

A

Glove box, passenger compartment, and trunk

38
Q

To enter a home in hot pursuit of a misdemeanor requires an additional emergency, such as

A

Potential violence, destruction of evidence or escape from the house

39
Q

Should you enter a dwelling in hot pursuit of a misdemeanor if you know the suspect fled into his own home?

A

No

40
Q

Should you enter a dwelling in hot pursuit of a misdemeanor suspect, if you have no information the suspect poses a risk of violence

A

No

41
Q

Can you pursue a suspect into a dwelling in hot pursuit if the only offense is a civil infraction and refusing to stop for police?

A

No- failing to stop for police isn’t jailable

42
Q

If the crime is oui alcohol, can you enter a home in hot pursuit to obtain a breath or blood sample

A

No

43
Q

Can an officer enter a home if they discover an open door or other suspicious signs

A

Yes to investigate possible crime in progress

44
Q

When entering a home to investigate a potential crime scene officers are not liable to the homeowner as long as they

A

Behave reasonably

45
Q

Officers may enter onto private property to serve restraining order, but they need consent or exigent circumstances to actually enter:

A

The home

46
Q

The police response to domestic violence must be evaluated in relation to the scene as it appeared to the officers ________

A

At the time

47
Q

In domestic violence, a potential victim must be ______ in order to justify an exigent entry

A

At risk

48
Q

What justifies police entry to deal with an unsupervised party or one where an adult is legally providing alcohol or marijuana

A

Safety risks along with potential destruction of evidence

49
Q

Is there a social host law that forbids transferring marijuana to minors or allowing minors to consume marijuana on private property?

A

Yes just like alcohol

50
Q

In order for officers to enter a dwelling for exigent circumstances officers must have probable cause and (3)

A

A real threat that violent will occur
Evidence will be destroyed
Or suspect will escape

51
Q

Who can provide marijuana to minors on their property?

A

Parents and grandparents just like alcohol

52
Q

Once a suspect knows police are involved he is motivated to (3)

A

Destroy evidence
engage in violence
try to escape

53
Q

What is the minimum requirement for search incident to arrest

A

Probable cause. Don’t need formal arrest in order to search under search incident to arrest

54
Q

In order to conduct a strip or visual body cavity search, police must have ________ their suspect possesses contraband or a weapon that might not be discovered during a manual search

A

Probable cause

55
Q

Five recommendations for a safeguards to strip searches

A

Same gender
Private room
Investigating officers
Full nudity unnecessary
Emergency circumstances
Videotape

56
Q

Strip searches must always be conducted in these ways (2)

A

Non-humiliating
Professional manner

57
Q

A manual body cavity search of anal cavity involves (3):

A

Touching, probing or manipulating

58
Q

If it strip search is done in an unprofessional or humiliating manner, what happens to the evidence?

A

Suppressed

59
Q

Three best practices for objects in anal or general opening

A
  1. Transport, arrested to hospital and have medical clinician remove the object (should be done when officers are concerned the object might cause serious injury, if not removed by medical personnel)
  2. Request the arrested voluntarily remove the object.
  3. Obtain search warrant from judge.
60
Q

For a strip search does consent removal eliminate the need for warrant

A

Yes

61
Q

Direct observations provide a ______ required for a manual body cavity search warrant

A

High degree of probable cause

62
Q

In a manual body cavity search warrant officers should include __________ because it provides the particularized need required by a judge to sign the warrant

A

How officers gave the subject the chance to remove the item but he refused

63
Q

During a search incident to arrest the law states that officers may (3)

A
  1. Always search for weapons, regardless of reason for arrest
  2. Only search for evidence related to the crime arrested for
  3. Sees any other evidence found during the search for weapons or evidence related to arrest
64
Q

A warrantless seizure of property, unrelated to an arrest must be supported by:

A

Probable cause

65
Q

Search into arrest includes the body of the arrested, and the ______ even when handcuffed

A

Grabbing area

66
Q

During a search incident to arrest the search extends to the area within arrestees reach to prevent his ability to (2)

A

Access a weapon or destroy evidence

67
Q

The grabbing area is the area at time of _____ not search

A

Arrest

68
Q

Case law declared that any _______ left in the possession of a suspect who is being arrested may be used as a weapon

A

Hard Object

69
Q

If someone is arrested for a warrant for 209A violation and drugs in the past, can they be searched incident to arrest for evidence

A

No not for those crimes but they may be searched for weapons

70
Q

If someone is under arrest for a warrant, and you find a container in their pocket, you shake the container and it sounds like pills are inside. Can you open it?

A

No

71
Q

Would drugs seized at the time of the arrest on an outstanding drug warrant, be evidence of his possession, sale or distribution of drugs at the time of his drug event events

A

No

72
Q

Someone is arrested on outstanding drug warrant. While searching them for weapons you remove a hard object from groin that turns out to be a pill container. Can you open the pill container?

A

You can open it under new search incident to arrest for evidence because most people do not keep prescription bottles in their groin. You cannot claim to open it as a weapon search.

73
Q

Seizure of keys is justified if potential evidence or weapon, but not to:

A

Determine identity

74
Q

Secure a cell phone only if there is ______ that it contains evidence

A

Probable cause

75
Q

Police may move and arrested person for a ________ and secure area

A

Legitimate purpose

76
Q

Police may ______ open a container to discover weapons and arrest in my

A

Immediately

77
Q

In motor vehicles, the scope of a search incident to arrest extends only the:

A

Passengers compartment, never the trunk

78
Q

Once a suspect is cuffed and in the cruiser, searching the passenger compartment can no longer be justified for

A

Safety or weapons. However, they may search the compartment if looking for evidence associated with the rest.

79
Q

Vehicle search for evidence depends on:

A

The crime being investigated

Crim Law Other (27 decks)

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