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
Curtilage is determined by what four factors?
1) The proximity of the area to the home
2) Whether the area is included within an enclosure
3) How the area is used
4) The steps taken by the resident to conceal the area from the public
(Section 3)
Areas beyond “curtilage” are considered __________.
Open fields
Section 3
___________ are areas of land so open to public view that the owner or possessor is deemed to have implicitly invited the police to observe his or her contraband.
Open fields
Section 3
Binoculars may be used to look onto premises or into a building if what is being viewed could be seen with the __________ from a lawful position.
Naked eye
Section 3
Persons on the ground have no privacy from warrantless aerial observations made form aircraft flying in a physically nonintrusive manner in publicly navigable airspace, typically ________ feet or more above the ground.
1,000 feet
An officer may seize an object that is in plain view, so long as what three factors are present?
1) The officer has a lawful right to be in the place from which he or she is viewing the object
2) The incriminating character of the object is immediately apparent
3) The officer has a lawful right to access the location of the object
(Section 3)
Warrantless entry by police into a residence is presumed to be illegal unless justified by what factors?
1) Consent
2) Exigent circumstances
(Section 3)
“Exigent circumstances” is an emergency requiring swift action to prevent what four events from occurring?
1) Imminent danger to life or welfare
2) Serious damage to property
3) Imminent escape of a suspect
4) Destruction of evidence
(Section 3)
A _____________ is a limited, quick visual inspection of those places where a person who poses a danger to you or others might be hiding.
Protective sweep
Section 3
In order to fulfill the requirements of a “knock and notice,” an officer must do what before entering?
1) Knock (or do something to alert people inside the residence)
2) Identify yourself as a police officer
3) Explain your purpose
4) Demand entry
5) Wait a reasonable period of time before entering
(Section 3)
For consent to search to be valid, the consent must be voluntary and obtained from a person with _____________ to give consent.
Authority or apparent authority
Section 3
When a person is lawfully arrested in a home or other building, a limited right exists to conduct a warrantless search not only of his or her person, but also of the area within his or her __________.
Immediate control
Section 3
True or False: officers may routinely enter a residence to conduct a search incident to arrest after the suspect is handcuffed and secured in a squad car.
False
Section 3
A search incident to arrest is permissible only if it takes place at the same place and at essentially the same time as the arrest. “Same time” refers to ___________.
Before, during, or immediately after the arrest.
Section 3
Normally, any evidence you find by searching beyond the suspect’s immediate control will be suppressed unless you see it in _____________ while you are still within the “immediate control” area.
Plain view
Section 3
Is there a reasonable expectation of privacy in trash or garbage that has been placed curbside or outside the “curtilage” of the residence in a sealed bag?
No
Section 3
An officer walks up to a driver who was already stopped in his vehicle and politely asks to see his driver license. True or False: this is considered a detention.
False
Section 4
An officer pulls in behind a parked car and activates the patrol vehicle emergency lights. True or False: this is considered a detention.
True
Section 4
An officer makes a stop on a vehicle based on erroneous computer information entered by court personnel. True or False: the stop is invalid and any evidence seized will be suppressed.
False
Section 4
An officer makes a stop on a vehicle based on the fact that the registered owner of the vehicle has an outstanding arrest warrant and the driver “could” be the registered owner. True or False: the stop was lawful.
True
Section 4
An officer makes a stop on a vehicle being driven at night in a private parking lot for the purpose of reminding the driver to turn on his headlights before entering public streets. True or False: the stop was lawful.
True
Section 4
A _________ stop is a stop to investigate a crime or infraction when officers also have an additional motive for the contact.
Pretext
Section 4
A _________ is when officers lack any legal basis for a stop.
Ruse
Section 4
An officer saw an unfamiliar van driving slowly in a circle through a residential neighborhood at 1:30 AM. The officer felt the speed and route were suggestive of a “casing” operation and was aware that many residential and auto burglaries had occurred in that neighborhood. The officer made a stop on the vehicle to investigate further. True or False: the stop was lawful.
True
Section 4
At 1:45 AM, an officer heard a report through dispatch of a possible intoxicated driver “weaving all over the road” with a description of the vehicle. The officer was less than four miles from where the vehicle was last seen and positioned himself on the shoulder. The officer was able to intercept the vehicle; however, the officer did not see any weaving, speeding, or other violation of traffic laws. The officer made a traffic stop to investigate the sobriety of the driver. True or False: the stop was unlawful.
False
Section 4
Even one truly anonymous report concerning drunk or reckless driving will justify a brief detention if the report is made ______ and the car is still being driven on a public roadway.
Contemporaneously
Section 4
True or False: in all traffic stops, the driver and the passengers are considered to be seized, and therefore all persons within the vehicle have standing to challenge the constitutionality of the stop.
True
Section 4
True or False: in all cases pertaining to traffic stops, the officer has the right to order the driver to get out of the vehicle.
True
Section 4
True or False: if a driver does not have the required documentation (driver license, registration, etc.) on his or her person but indicates where it is located inside the vehicle, the officer may retrieve the item himself/herself.
True
Section 4
True or False: if an occupant of a vehicle is on parole, the officer may search areas of the passenger compartment, including containers, where it is objectively reasonable to expect that the parolee could have placed personal items or discarded contraband.
True
Vehicle searches incidental to arrest are lawful under what circumstances?
1) An arrestee could gain access to the passenger compartment of the vehicle
2) It would be reasonable to believe that evidence relevant to the arrest offense could be found in the vehicle
(Section 4)
The courts have created an exception to the warrant requirement when it comes to vehicles because of what factors?
1) The lower expectation of privacy in a vehicle
2) Vehicles are subject to substantial government regulation
(Section 4)
True or False: the warrantless vehicle search “automobile exception” applies to other vehicles, including motor homes, vans, bicycles, motorcycles, and houseboats.
True
Section 4
Two men were standing by a car in a high prostitution area, one examining a plastic bag, the other looking around; the defendant slammed the trunk closed, walked away as the officer approached, and refused to stop. The defendant would not identify himself and no longer had a plastic bag in his hand. Is there sufficient probable cause to search the trunk of the car?
No
Section 4
True or False: under the “automobile exception,” a warrantless search of a vehicle must take place on the roadside at the time of the stop.
False (the vehicle may be towed away and searched at a later time)
(Section 4)
True or False: finding a syringe on the driver’s person that he admitted was for taking drugs provided probable cause to search a purse that a passenger had left on the back seat.
True
Section 4
The “automobile exception” applies to a motorhome under what circumstances?
1) It is being used on the highways or is capable of such use
2) It is found stationary in a place not regularly used for residential purposes
(Section 4)
An officer stops a vehicle for a traffic offense. The officer puts his head inside the window and sees contraband that was not visible from the outside. Was this search legal?
No
Section 4
True or False: use of a flashlight does not affect the lawfulness of a “plain view” seizure.
True
Section 4
Vehicle inventories are supported by what three rationales?
1) Protection of an owner’s property while it is in police custody
2) Protection of police against claims of lost, stolen, or vandalized property
3) Officer safety
(Section 4)
True or False: Border Patrol agents may stop travelers at the border, or near the border at its functional equivalent, without probable cause.
True
Section 5
True or False: Border Patrol agents may stop vehicles at reasonably located, fixed, permanent checkpoints many miles away from the border without any individualized or reasonable suspicion that the particular vehicle contains illegal aliens.
True
Section 5
True or False: every vehicle entering the country may be searched at the border without cause or suspicion.
True
Section 5
The _______ restricts state and local authorities from cooperating with federal immigration enforcement.
California Values Act (SB 54)
Section 5
Sobriety checkpoints, inspections of hunting licenses, and border checkpoints are examples of ___________.
Blanket regulatory searches
Section 5
What are the 8 functional guidelines for lawful sobriety checkpoints?
1) Supervisory-level decisions
2) Neutral formula
3) Safety precautions
4) Reasonable location
5) Time and duration
6) Indicia of roadblock
7) Length and nature of detention
8) Advanced publicity
(Section 5)
True or False: general crime control roadblocks are lawful.
False
Section 5
General roadblocks are permitted under what circumstances?
When a crime was committed that was exceptionally atrocious or when such action is necessary to prevent a grave peril
(Section 5)
When police at airports squeeze luggage that has been checked in order to smell the air that comes out, this lawful action is called __________.
“Poofing” (I can think of several jokes about this one)
Section 5
When is a dog sniff considered a search?
When a citizen has a reasonable expectation of privacy
Section 5
What must be established before searching a probationer?
The probationer’s search status and the specific conditions that may limit the scope of the search.
(Section 5)
True or False: Officers may enter the residence of a parolee, PRCS, or probationer with a search condition to make a warrantless arrest of that person.
True
Section 5
Under what circumstances may officer conduct a protective sweep of an entire residence, including non-probationers and their quarters?
1) When justified by the type of criminal conduct underlying an arrest or search
2) When ongoing criminal activity is apparent in the residence
3) There is a potential for the presence of firearms
4) There is a potential for the presence of other persons in the residence
(Section 5)
True or False: people who live with offenders subject to search have a reasonable expectation of privacy in shared areas of the residence.
False
Section 5
True or False: If a probationer has a “non-association” condition, it is proper for an officer to briefly detain those who are present or departing to check their status.
True
Section 5
True or False: a “McNeely” warrant is not required to draw blood from a DUI refusal who is on parole, PRCS, or searchable detention.
True
Section 5
True or False: attaching a GPS device to a person’s body or vehicle without his or her consent for the purpose of tracking his or her movements is considered a “search.”
True
Section 5
True or False: a private person may make a private persons arrest for an infraction committed in the private persons’s presence.
True
Section 5
When officers “receive” an arrestee out of a private person’s arrest, what are the officer’s options?
1) Book the suspect into jail
2) Cite and release the suspect
3) Release the suspect without issuing a notice to appear
(Section 5)
True or False: evidence obtained as a result of a search and seizure by private persons is admissible.
True
Section 5
True or False: if a private person conducts a search or seizure in response to an officer’s request or passive permission, the private person becomes the officer’s agent.
True
Section 5
True or False: only Federal law (not state law) controls the question of who is a government agent.
True
Section 5
True or False: security guards have greater powers to search than merchants, library employees, or theater owners.
False
Section 5
True or False: mail is considered a personal effect protected under the 4th Amendment.
True
Section 5
True or False: a search warrant is required to access bulk cell-site tower data.
True
Section 5
What constitutes a strip search?
A visual inspection of the underclothing, breasts, buttocks, or genitalia
(Section 5)
What constitutes a visual body cavity search?
A visual inspection of the vagina or rectal cavity
Section 5