CPOLS Flashcards
Lawfully observing growing marijuana in a private, fenced backyard does or does not give you the right to go seize it without a warrant, exigent circumstances, or consent.
Does Not (Section II – B)
Is the following scenario lawful or not: Officer who was trying to locate resident stood on the public side of a side yard gate and raised himself three inches on his tip toes to look over six-foot fence. His observation of a cocked revolver in the side yard did not amount to a search. Suspecting that the resident was home (warm car hood and light on in garage) and knowing that a seven-year-old child lived there, the officer lawfully jumped over the fence to retrieve the gun based on exigent circumstances.
His observations and the entry to seize the revolver were lawful. Section III
In the following scenario may the police seize the pipes? Police, while arresting a suspect at the door to his hotel room pursuant to two arrest warrants, observed in plain view two glass cocaine pipes inside the room.
The officers were entitled to seize the pipes. However, even though the pipes provided probable cause that there were more narcotics or paraphernalia inside the room, a search warrant was needed before the officers could lawfully search the room. Section III - A
Were the officer’s actions legal in the following scenario? Neighbors reported that they had not seen the victim for two weeks, and officers had received two calls expressing concern for the victim. One month earlier they had responded to a domestic disturbance reported at the victim’s apartment. No one had responded to a note from the police asking the victim to call, there was mail in her mailbox, and officers found the front door unlocked after receiving a neighbor’s report that someone had been banging on the door.
Warrantless entries may be appropriate when police are looking for an occupant “reliably reported as missing.” The officers lawfully entered the apartment based on the totality of the circumstances indicating an emergency situation. Section IV- A - 2
May the officers force a warrantless entry in the following scenario? Officer responded to ADW call and found an infant brutally cut and injured. Reliable information indicated the assailant was drunk and had gone home, where he lived with his own young son. After discovering a trail of fresh blood and broken glass at the residence, knocking and announcing at the front and back doors, and observing the lights go out in response.
Yes, the officer could legally force a warrantless entry based on concern for the son. Section IV – A - 2
May officers enter a residence to arrest a misdemeanor DUI suspect who had immediately gone inside after driving and appeared uncooperative in that he attempted to evade contact with the officers who could see and hear him inside the residence and attempted to flee through the back door.
Yes, under specific circumstances. NOTE: The California Supreme Court specifically declined to approve warrantless entries for the apprehension of all misdemeanor DUI suspects. Section IV - D
Was the officer’s search proper in the following scenario? An officer responded to a report of “shots fired” at Apartment 5 of an apartment complex. The officer saw blood leading from the door of Apartment 5 to the laundry room where he discovered the dead victim. A little later, other officers responded and began a search for evidence that might lead to immediate apprehension of the murderer. The officers found contraband and a vehicle registration slip in the name of M. Amaya, Jr.
The search was proper and the evidence was admissible. Section IV - F - 1
In the following scenario, must the officers knock and notice before they entered the bedroom door? Officers executing a search warrant at a residence one morning knocked, announced repeatedly, and were “refused” admittance by the lack of any response within a reasonable period of time even though a woman at the front window had seen them approaching. They opened the unlocked front door, found the woman and detained her in one room, and continued down the hallway to a closed bedroom door. There they knocked, stated “Police, search warrant,” and simultaneously opened the door and entered, without waiting for any “refusal.”
“Having fully complied with section 1531 at the outer door, the officers were under no constitutional or statutory obligation to repeat the knock-notice litany once inside.” Section V – C - 2
Why should you ALWAYS ask for consent to search even when you have other authority for the search?
In case the other grounds for the search (e.g., exigency or warrant) are later ruled insufficient. See examples below:
Example: A homeowner calls in to report a burglary. After entry of the victim’s home, the officers “sense” that the victim may be dealing in narcotics. The officers request and obtain permission to search anywhere in the house. They discover crime-related evidence, which will be admissible on the independent ground of consent. Section VI – A - 1
Example: Officers serve a search warrant and find a lot of evidence. Later, the warrant is ruled defective and all of the evidence is suppressed. A simple request for consent to search prior to showing the resident the warrant might have saved all of the evidence. Section VI – A - 1
Was the officer’s actions in the following scenario lawful? Officers arrested defendant in her motel room, ordered her to lie on the floor, and handcuffed her while they secured the area. One officer lifted the mattress of the only bed in the room, which was approximately three feet from the defendant, and found a stash of narcotics and paraphernalia.
The search under the mattress was a valid search incident to arrest. Section VII
Can an officer make a “pretext” stop
based on a hunch that the vehicle or its occupants were involved in a felony?
Yes. A “pretext” stop is not illegal, but you must have a valid basis for the stop and your actions are consistent with that basis.
During a traffic stop you order the right rear passenger out of the vehicle. Are you justified in your request?
Yes. Your power to order passengers out of a vehicle is justified strictly by officer safety.
In any vehicle detention situation where the driver, upon your request, “fails to produce” the necessary documentation, you have the right to conduct what type of search for the driver’s license/ID and/or the vehicle registration?
You have the right to conduct a “limited search” of any area within the vehicle where such documentation reasonably may be expected to be found.
Smoke is pouring out from under the hood of a parked car with the owner nowhere around, can you enter the vehicle without the owner’s permission?
Yes. The “emergency” exception exists for vehicles, just as it does for premises. You may enter a vehicle to save lives or property.
Why is it important to establish ownership of containers in a vehicle?
Establishing ownership of objects is important because someone who disclaims ownership may lack “standing” in court to raise the issue of an illegal search or seizure.
An officer observed a vehicle with expired registration tabs and a Temporary Operating Permit in the rear window. Is it legal for the officer to make an enforcement stop for expired registration?
No. An officer may not stop a vehicle displaying a temporary operating permit on the sole basis that permits are often forged or invalid. Hunches, rumors, and bare statistics are insufficient.
(T/F) The “community caretaking” exception encompasses the “emergency aid” doctrine providing a basis for a lawful stop of a vehicle.
True. Applying this exception, an officer can stop a vehicle to ensure the safety of its occupants if the objective facts provide a reasonable basis for believing that a person in the vehicle is ill or injured.
An officer searched the passenger compartment of a defendant’s car after learning that the front passenger was on parole. The officer found a syringe and meth in a pair of shoes in the backseat area. Was this search legal?
Yes. It was objectively reasonable for the officer to expect that the parolee could reach back and conceal items in the unclaimed shoes.
Is an officer’s subjective state of mind, motivation, or intent relevant in determining whether an entry or search is lawful under the “community caretaking” exception rule?
No. The officer must have an objectively reasonable basis for believing that aid is required.
A search will be valid as incident to an arrest only if the search and arrest were “________________.”
“Contemporaneous”, meaning they must occur at the same location and at approximately the same time.
Fourth Amendment requirements do not apply to juveniles. (T/F)
False. The usual Fourth Amendment requirements apply: you need reasonable suspicion to detain and probable cause to arrest.
Does a parent have authority to give consent to search a child’s room?
Generally, yes. Unless the child has “staked out” an area or object as exclusively his or her own.
Example of an exception to this rule. A locked tool box to which the juvenile possesses the only key.
The search of a juvenile in a school must be supported by probable cause. (T/F)
False. In a school setting, reasonable suspicion is sufficient.
The bulk of juvenile law is found in the __________ & __________ Code.
Welfare, Institutions