CPLS Flashcards
A __________ occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by a government officer.
Search
Section 2
A _________ of property occurs when there is some meaningful interference with an individual’s possessory interest in that property.
Seizure
Section 2
A seizure of a person occurs when?
1) When a peace officer applies force
2) When a person voluntarily submits to a peace officer’s authority
(Section 2)
The __________ Amendment of the US Constitution is not violated unless a legitimate expectation of privacy is infringed upon.
Fourth
Section 2
If the court finds that a search or seizure was unreasonable, it must decide if the evidence should be _____________.
Suppressed, ruled inadmissible, or excluded
Section 2
A defendant must demonstrate __________ if he or she moves to suppress evidence
Standing
Section 2
Under the Constitution and system of law, warrantless searches are ______________.
Presumptively illegal
Section 2
Warrantless searches will only be upheld if the prosecutor can prove that the conduct came within what three exceptions?
1) Consent was granted
2) Exigent circumstances
3) Search incident to arrest
(Section 2)
A voluntary contact between an officer and a person is called a ____________.
Consensual encounter
Section 2
Law enforcement has no authority to conduct any kind of search during a consensual encounter unless a person gives _____________.
Voluntary consent
Section 2
True or False: a limited search for weapons will turn a consensual encounter into a detention.
True
Section 2
True or False: if an officer sees contraband in plain view, he or she has the right to seize it and has probable cause to arrest the person.
True
Section 2
A detention occurs whenever a _____________ person believes he or she is not free to leave.
Reasonable and innocent
Section 2
A person is not seized within the meaning of the 4th Amendment unless he or she is ____________.
Somehow physically restrained
Section 2
True or False: you do not generally have to give a Miranda warning to someone you have detained for reasonable suspicion for a cite and release offense or for inquiries about identity.
True
Section 2
True or False: during detention, you have no powers to conduct a full exploratory search of a suspect (unless the person is on parole or probation with search conditions).
True
Section 2
True or False: you may conduct a pat-down or limited search of a person you have detained.
True
Section 2
True or False: from a lawful vantage point, an officer observes an illegal marijuana growing operation in a private, fenced back yard. The officer may enter the back yard and seize the marijuana based on this probable cause only.
False
Section 3
True or False: a person normally has no reasonable expectation of privacy in the area around the front of his or her home.
True
Section 3
True or False: a person normally has a higher expectation of privacy in his or her back yard than in the front yard.
True
Section 3
True or False: apartment dwellers do not have a reasonable expectation of privacy in the shared back yard of a multi-unit complex.
True
Section 3
True or False: looking through a window or a house from a place where the public has implicitly been invited (pathway, walkway, sidewalk, etc.) is legal.
True
Section 3
True or False: peeking through a small hole or area (such as gap in a window blind) may be considered illegal.
True
Section 3
If an officer can see over/beyond a wall or fence without _____________, the viewing will normally not be considered a search.
Extraordinary effort or “peeking”
Section 3