Constitutional Law Flashcards
What is a Search Incident to lawful arrest?
- Weapons
- Means of Escape
- Evidence of a crime
What is a Motor Vehicle Inventory Search?
Inventory of a cars valuables on a Form 2012.
Not a Search
Scope of Vehicle, Trunk and Open/closed Containers
Made to
1. Property (protect Persons Valuables)
2. Accusations of Theft
3. Dangerous Items
What do you need to do a Motor Vehicle Exception Search?
- Probable Cause
- Public Way
Can look in locked cotainers, scope is the entire car
What is Plain View
- Officers Presence
- Inadvertence
- Seizeable Evidence
What is Curtilage
Area around a house that has a reasonable expectation of privacy
1. Distance from Dwelling 75 Feet
2. Is Area surrounded by a barrier (Fence or a Wall)
3. Is Area for Domestic Purposes (Patio, bench)
4. Did the resident protect the area from view
What is Intensity?
Size of the Object that can either close or expand the scope of the vehicle search
What is a Lawful ARREST
- Probable Cause
- Arrestable Offense
- Jurisdiction
If PC goes away, Release and Document
PAJ
What witness do you need to establish PC?
Known Witness
What do you need in order to start a MV Inventory?
- Lawful custody
- Written Department Guidelines
What do you need in order to invade a reasonable expectation of privacy?
Search Warrant
(phones)
Who can Issue a Search Warrant
- Superior Court Judge
- Superior Court Magistrate
- District Court Judge
- District Court Magistrate
What is Nexus?
A Connection to why you believe you will find contraband in a location with a Search Warrant
Within how many days will you execute a Search Warrant?
7 DAYS
Must also have a copy of Search Warrant on persons and give a copy to the person in control of the premise
How will you execute a Search Warrant?
Shall Knock and Announce presence, purpose. Before forcibly entering
What is a No Knock Warrant?
Only authorized by a judge
Does not have to knock on door or announce presence
Aspects
1. No Knock
2. Night time
3. All persons present
For purposes of PC and Exigent Circumstances
Can only detain all persons present with established PC (ex person picks up phone in house, warrant for phone) stop, search, frisk ,detain
What are the Categories of Seize-able Evidence?
- Contraband
- Instrumentalities
- Fruits of a Crime
- Living Person for which has an outstanding warrant
- Dead Person
What is Contraband?
Unlawful possession
What is Instrumentality?
Object used to commit a crime
What is Fruits of a Crime?
Items taken during a crime (valuables)
What should you do before conducting a lawful arrest, on a living person which has an outstanding warrant
Check Validity of a warrant
What is a Dead Human Body?
- Homicides
- Suicides
- Sudden Death
What is Night time?
10PM-6AM
What is a Protective Sweep?
Limited, warrantless, cursory check to only look for people
What are the Exemptions to entering a dwelling without a warrant
- Fresh and Continuous Pursuit
- Exigent Circumstances
