CPOLS

Question 1

A “seizure” of a person occurs:

Answer 1

(1) when a peace officer physically applies force or (2) when a person voluntarily submits to a peace officer’s authority.

Question 2

the search or seizure must be ______, rather than merely an _______

Answer 2

intentional/accident

Question 3

T or F

When it comes to cars, the driver of a vehicle probably does have standing to attack the validity of a trunk search, whereas a passenger normally does not.

Answer 3

True

Question 4

A “consensual encounter” is a contact between an officer and an individual that is strictly ________

Answer 4

voluntary.

The key element is that the person remains totally free to leave or not cooperate.

Question 5

The Exclusionary Rule

Answer 5

• When challenged, the legality of a search or seizure normally is decided prior to trial, either as part of the preliminary hearing or at a separate pretrial suppression motion, or both.

Question 6

Exclusionary Rule.

the court makes two separate determinations.

Answer 6

• First, whether the police acted legally, that is, whether the search or seizure was reasonable or unreasonable.
• Second, if the court finds that the search or seizure was unreasonable, it must then decide whether the evidence must be excluded at trial.

Question 7

the “Fourth Amendment does not mandate that police officers act _________, but only that they act __________.”

Answer 7

flawlessly/reasonably

Question 8

T or F

Merely approaching someone is not a “detention.”

Answer 8

True

Question 9

Warrantless searches and seizures are presumptively illegal. Unless any of he exceptions are met.

Answer 9

1. Consent searches
2. Emergency Searches - exigent circumstances
3. searches incident to an arrrest

Question 10

When you deal with a member of the public, the law will classify it as what three things?

Answer 10

either a “consensual encounter ,” a “detention,” or an “arrest.”

Question 11

A defendant must establish ________ to move for the suppression of evidence.

Answer 11

“standing”

Question 12

A temporary ________ or _______ is an exertion of authority that is something less than a full-blown arrest but more substantial than a simple “contact” or “consensual encounter.”

Answer 12

“detention”/”stop”

Question 13

A _______ occurs whenever a reasonable–and innocent–person would believe he is not free to leave or otherwise disregard the police and go about his business.

Answer 13

“detention”

Question 14

patting-down someone does not constitutes a detention

Answer 14

False - does constitute a dention

Question 15

does the statement “I am going to patsearch you” constitute a detention?

Answer 15

yes

Question 16

T or F

the use of high beams and spotlights–does not, in itself, amount to a detention .

Answer 16

True

Question 17

T or f

The First District Court of Appeal has held that the use of a patrol spotlight combined with the officer “rushing at” a person on the street and asking about the person’s “legal status” (if he was on probation or parole) amounted to a detention .

Answer 17

True

Question 18

Before a “detention” exists in the law, is it necessary that the person actually submits to your assertion of authority?

Answer 18

yes

“a person is not ‘seized’ within the meaning of the Fourth Amendment unless he or she is somehow physically restrained or voluntarily submits to a peace officer’s authority.”

Question 19

The purpose of a _________ is to resolve whether suspicious behavior is “innocent” or relates to crime.

Answer 19

detention

Question 20

For an investigative stop or detention to be valid, you must have _____________

Answer 20

“reasonable suspicion”

Question 21

You may seize any object that is in plain view, as long as:

Answer 21

• you have a lawful right to be in the place from which you are viewing the object;
• the incriminating character of the object is immediately apparent, i.e., you have probable cause to believe it is crime related; and
• you have a lawful right of access to the location of the object.

Question 22

“Reasonable suspicion” is evaluated based on ___________

Answer 22

objective facts

Question 23

Can a detention be based solely on a hunch, rumor, intuition, instinct, or curiosity.

Answer 23

No. You must have specificfacts justifying your suspicion, and you must be able to articulate these to a court.

Question 24

T or F

patting down someone constitutes a detention

Answer 24

True

Question 25

T or F

A suspect’s failure to identify himself, cannot, on its own, jsutify an arrest

Answer 25

True

Question 26

T or F

a peace officer may conduct a limited search of the person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others.”

Answer 26

True

Question 27

What are two other ways to lawfully conduct a patsearch–or a complete search –for weapons or drugs.

Answer 27

The first is if you have probable cause. The second is if you obtain a valid consent from the suspect

Question 28

On June 25, 2014, a unanimous Supreme Court ruled that digital data in cell phones __________be searched incident to an arrest.

may or may not

Answer 28

may not

Question 29

Without a showing of _____________or some other exception to the warrant requirement, a search warrant is required to search the data in a cell phone.

Answer 29

exigent circumstances

Question 30

“knock and notice”

before you enter (not while you enter) you must:

Answer 30

• knock (or do something else that will alert the people inside to your presence);
• identify yourself as a police officer;
• explain your purpose;
• demand entry and then wait a reasonable period before entering.

Question 31

Before forcing entry to make an arrest, there is one additional requirement under the statute. You must have ________________ for believing that the person you want to arrest is inside.

Answer 31

“reasonable grounds”

“Reasonable grounds” means enough factual information to make a person of ordinary caution believe the suspect is inside.

Question 32

Does the knock and notice requirement apply at premises through and open door?

Answer 32

yes

Question 33

T or F

A suspect may withdraw his consent at any time during the search. When this occurs, you must immediately stop your search.

Answer 33

True

Question 34

The United States Supreme Court has made it very clear that there is no reasonable expectation of privacy in trash or garbage , even if it has been put in a sealed bag and placed at curbside or otherwise outside the ________ of the residence for pickup.

Answer 34

curtilage

Question 35

A routine traffic stop “must be __________ and last no longer than is necessary to effectuate the purpose of the stop.”

Answer 35

temporary

Typically, this means no longer than the time it takes to perform the duties necessary to warn the driver or issue a citation.

Question 36

T or F

California cases have traditionally found that a routine traffic stop allows a radio or computer check on the vehicle and/or the driver, so long as “the check does not unreasonably prolong the detention.”

Answer 36

True

Question 37

T or F

In all cases, you have the right to order the driver to get out of the vehicle . You do not need any particular reason, such as danger or suspicion of a crime.

Answer 37

True

Question 38

Can you order passengers out of a car?

Answer 38

Yes, The same rule applies to passengers. It is justified by officer safety.

Question 39

Indeed, in any vehicle detention situation where the driver, upon your request, “fails to produce” the necessary documentation, do you have the right to conduct a limited search for the driver’s license or identification and/or the vehicle registration.

Answer 39

Yes. Furthermore, this search –which must be carried out before you issue the citation–is not restricted to “traditional repositories,” such as a glove compartment or a sun visor, but rather may include any area within the vehicle where such documentation reasonably may be expected to be found.

Question 40

Sobriety Checkpoints

What is a Neutral Formula?

Answer 40

A neutral formula such as every driver or every third, fifth or tenth driver should be employed.”

Question 41

PRCS applies to prisoners whose current offenses are

Answer 41

non-violent, non-serious, and non-PC § 290 (called N3 or “Non/Non/Non”).

Question 42

It is illegal for you to physically enter into an area where a person has a reasonable expectation of privacy in order to conduct a search for the purpose of seizing something unless:

Answer 42

You have a warrant; or

Exigent circumstances exist; or

You have obtained a valid consent

Question 43

A person cannot claim he has reasonable expectation of privacy in areas around his home where the general public (mailmen, salesmen, visitors, etc.) would reasonably be permitted to go.

Answer 43

Example: Suspect had no reasonable expectation of privacy as to the interior hallway outside his apartment in his high-security, high-rise apartment building, even assuming that the officers had trespassed to get there–which, in this case, they had not. (Nohara (9th Cir. 1993) 3 F.3d 1239, 1241-1242.)

Question 44

Plain View:

Under the general rule, when you see something in plain view from a place you have a right to be, no search has taken place in any constitutional sense because the person has no reasonable expectation of privacy as to items which are in plain view. You may seize any object that is in plain view as long as:

Answer 44

You have a lawful right to be in the place from which you are viewing the object;

The incriminating character of the object is immediately apparent,

You have a lawful right of access to the location of the object.

Question 45

What is considered Exigent Circumstances?

Answer 45

• Imminent danger to life or welfare; or
• Serious damage to property; or
• Imminent escape of a suspect; or
• The destruction of evidence.

Remember, once you are lawfully inside, your scope is limited. You may only search or do whatever is necessary to resolve the emergency.

Question 46

Protective Sweep:

If you are already lawfully inside or outside a house and have some factual basis for believing there may be others inside who pose a danger to you or others, you may undertake a protective sweep – a limited, quick visual inspection of those places where a person might be hiding.

Answer 46

Example: Officers with a warrant arrested Brevetz in his home. Because Brevetz had previously harbored a fugitive and possessed a sawed-off shotgun, it was proper for the officers to then sweep the home to determine whether anyone else was present and to seize contraband discovered in plain view during this sweep. (Brevetz (1980) 112 Cal.App.3d 65.)

Question 47

Knock and Notice:

Answer 47

Generally speaking, if exigent circumstances permit you to enter premises without a warrant, the courts will also excuse the strict compliance with knock and notice requirements.

Question 48

Consent:

You may enter a premise without a warrant, probable cause, or exigent circumstances if you have obtained valid consent.

If you have a valid consent, you are entitled to seize contraband or fruits or instrumentalities of a crime, as well as any other item you can reasonably believe will aid in the suspect’s apprehension or conviction.

However, consent must be _________ and not coerced by threats, tricks, promises, or exertion of authority.

Obtained from a person with authority or “apparent” authority.

Answer 48

“voluntary”

Question 49

Withdrawal of Consent:

A suspect may withdraw his consent at any time during the search. When this occurs, you must immediately stop your search.

T or F

Answer 49

True

Question 50

Searches Incident to Arrest:

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 person, but also of the area within his immediate control.

Answer 50

Example: 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. HELD: The search under the mattress was a valid search incident to arrest. (Rege (2005) 130 Cal.App.4th 1584, 1590.)

Question 51

Garbage:

There is no reasonable expectation of privacy in trash or garbage, even if it has been put in a sealed bag and placed at curbside or otherwise outside the _______ of the residence for pick up.

Answer 51

curtilage

Question 52

Detentions/Stops:

A _____________or ________is a limited seizure of the driver, that is, something less than a full arrest but more substantial than a simple contact or consensual encounter.

Answer 52

temporary detention/vehicle stop

Question 53

A detention is valid only if you have reasonable suspicion that:

Something relating to crime has just happened (or it is happening); and

The vehicle or the person in the vehicle you are about to detain is connected with that activity.

Your reasonable suspicion must be based on specific facts.

If you have a hunch a vehicle or its occupants are involved, for instance, in a felony, but do not have enough specific information to make a valid detention for the felony, you may make a traffic stop (Pretext Stop) and see what you can see as long as:

You have a valid basis for the stop (an actual or suspected violation of the VC or other law); and

Your actions are consistent with that basis.

In other words, pretext stops are perfectly legal; the officer’s subjective intent or purpose makes no difference, as long as there is an objective basis for his actions.

Answer 53

Example: Plainclothes officers patrolling a “high drug area” in an unmarked car observed a truck occupied by two males lingering at a stop sign for an unusually long time, then make a right turn without signaling and take off at an “unreasonable” speed. They stopped the vehicle, supposedly to warn the driver about traffic violations, and found plastic bags of crack cocaine in the passenger’s hands. HELD: The stop was valid. The actual motivations of the officers made no difference. Likewise, it made no difference what a “reasonable officer” would have done. “The Fourth Amendment’s concern with ‘reasonableness’ allows certain actions to be taken in certain circumstances, whatever the subjective intent.” “Subjective intentions play no role in ordinary, probable- cause Fourth Amendment analysis.” (Whren ((1996) 517 U.S. 806, 813.)

Question 54

T or F

an anonymous phone tip is sufficient to justify a detention

Answer 54

False

unless the call is reporting a possible drunk driver or reckless driver from someone who has observed the driving

Question 55

Length of Detention:

A routine traffic stop must be temporary and last no longer than is necessary to ________ the purpose of the stop. Even during a strictly routine traffic stop, you are permitted to run a radio or computer check on the vehicle and/or the driver so long as the check does not ___________ prolong the detention.

Answer 55

effectuate/unreasonably

Example: Mendez’s car was stopped for failure to display a visible license plate or registration tag. While one officer ran a records check, the other asked Mendez questions related to gang membership and unrelated to the purpose of the traffic stop. Mendez, a convicted felon, admitted that he had a firearm in the driver’s door handle. HELD: The officer’s questioning leading to the discovery of the weapon did not prolong the traffic stop. (Mendez (9th Cir. 2007) 476 F.3d 1077, 1080, [applying Muehler v. Mena, 544 U.S. 93 to traffic stops].)

Question 56

Length of Detention:

T or F

If everything checks out, the justification for the detention is over, and you must let the detainee go on about his business.

Answer 56

True

Example: An officer on routine patrol stopped two young blacks because he considered their presence in the neighborhood to be suspicious, and also because he wanted to check out their vague resemblance to the description of suspects in some recent robberies. He waited until their vehicle made a Vehicle Code violation, then stopped it. Even though everything checked out and he discovered nothing suspicious, the officer prolonged the detention, patted the men down, obtained consent to search in an effort to further investigate the robbery connection, and eventually discovered cocaine. HELD: The traffic detention was initially proper but was illegally prolonged; and there was an insufficient basis to detain based on a possible connection with the robberies. Therefore the cocaine was discovered illegally and had to be suppressed. (Williams (1985) 168 Cal.App.3d 349.)

Question 57

Ordering Out Occupants:

Do You have the right, during a routine traffic stop, to order the driver to get out of the vehicle. You do not need any particular reason, such as danger, or suspicion of a crime.

Answer 57

Yes

Question 58

Your power to order passengers out of a vehicle is justified strictly by __________

Answer 58

officer safety

Question 59

Searches During Detention:

In general, you may not conduct a full search of either the vehicle or of its occupants during a traffic stop or investigative detention.

You are permitted to conduct a __________ of the driver or other occupants for weapons or objects that could be used as a weapon only if you have _________ indicating that the individual may pose a danger to you.

Answer 59

limited search/specific facts

Example: Officer made a DUI stop at night for erratic driving. The driver gave false identification, admitted he had recently done time for robbery, and was wearing a bulky jacket which he had trouble keeping his hands out of. HELD: It was legal to order him out, pat him down, and remove what felt like syringes from his jacket pockets. (Autry (1991) 232 Cal.App.3d 365; see also Mimms (1977) 434 U.S. 106, 112–bulge under sports coat was enough.)

Question 60

If the driver does not have the required registration on his or her person, but indicates where it is located inside the vehicle, can you retrieve it yourself if the driver has no objection, or if doing so is reasonably necessary for your safety.

Answer 60

Yes

Example: It was proper for the officer, out of concern for his safety and the need to control the occupants, to personally retrieve the driver’s license, which the driver said was in the glove compartment, following a 2:00 a.m. stop for erratic driving, where one of the passengers appeared to be under the influence and the other was boisterous and mouthy. (Faddler (1982) 132 Cal.App.3d 607, 610.)

Question 61

In any vehicle detention situation where the driver, upon your request, fails to produce the necessary documentation, you have the right to conduct a _________for the driver’s license or identification and/or the vehicle registration. This search is not restricted to traditional repositories such as a glove compartment or a sun visor, but rather may include any area within the vehicle where such documentation ________ may be expected to be found.

Answer 61

limited search/reasonably

Example: Minor stopped for speeding was unlicensed and failed to provide evidence of his identity, proof of insurance, or vehicle registration. Prior to issuing a citation, the officer felt under the driver’s seat for documentation relating to the driver or the truck. From a position behind the driver’s seat, the officer then looked under the seat and found a glass pipe and a box containing a vial with a white powder residue. HELD: The seizure of the pipe and vial was valid. The area under the front seat, unlike an area such as the trunk, is a location where the documents reasonably may be expected to be found. (Arturo D. (2002) 27 Cal.4th 60.)

Question 62

Searches Incident to Arrest:

When you make a lawful arrest of the driver or any other occupant of a vehicle, you are entitled to search both the person you arrested and the passenger compartment of the vehicle incident to that arrest, including the glove compartment and including any containers you find, whether open or closed.

This search; however, is limited to the passenger compartment and may not include the vehicle’s trunk.

Answer 62

Example: During a traffic stop, officer smelled beer, which entitled him to search for open containers. While searching for alcohol, he came across two strapped-in, fixed-blade knives, a billy club sticking out from under the driver’s seat, and a machete secured to the backrest. He then searched a number of smaller personal containers, at least one of which could not have held a weapon or alcohol. HELD: All the searches were proper, originally because of probable cause to look for alcohol, but, after discovery of the billy club, as incident to a custodial arrest. “Once the police have cause to arrest a person–here for possession of a billy club–they become entitled to search containers even when those containers are such that they could hold neither a weapon or evidence of the criminal conduct for which the suspect was arrested.” (Molina (1994) 25 Cal.App.4th 1038, 1043.)

Question 63

T or F

If a vehicle is used in a speed contest (23109 VC) or the driver is charged with reckless driving (23103 VC), the officers are specifically authorized by statute to seize and impound the vehicle used in the commission of the crime.

Answer 63

True

Question 64

“Plain view” is not a “search.” It is the observation of crime-related evidence from a place you have a __________

Answer 64

lawful right to be.

Question 65

Observation After Entry

T or F

If you are already lawfully within the vehicle, you may seize all crime-related evidence that you see.

Answer 65

True

Example: Unlicensed minor stopped for speeding failed to provide evidence of his identity, proof of insurance, or vehicle registration. While looking for documentation under the driver’s seat, the officer lawfully seized a glass smoking pipe and a box containing a vial with a white powder residue. (Arturo D. (2002) 27 Cal.4th 60.)

Example: An officer stops the suspect on a traffic offense. He puts his head inside the window and sees contraband. Assuming that the contraband was not visible from outside, it would have to be suppressed as the product or “fruit” of the officer’s illegal “entry.”

Question 66

Observation Before Entry

If you observe illegal items in plain view, you may enter the vehicle to seize them. Observations made from outside a vehicle, and from a position where you have a right to be, is not a search.

Answer 66

Example: Officers ordered all occupants out of the car following a traffic stop. One officer then returned and observed through the rear passenger window a Glock handgun in plain view in the back seat pocket. Based on that observation, he lawfully searched the car and found another handgun next to the driver’s seat. (Lomax (2010) 49 Cal.4th 530.)

Example: Officers made a traffic stop and observed, from outside the vehicle, items they recognized as having been stolen in a recent robbery. This gave them probable cause to enter the passenger compartment, seize the contraband, and search for additional “fruits.” (Chavers (1983) 33 Cal.3d 462.)

Question 67

Probation Searches

If an adult or juvenile is on searchable probation , you may search that person and any property under his or her control without any particularized suspicion and without first contacting the probation officer.

T or F

Answer 67

True

Question 68

T or F

“At any time during the period of postrelease community supervision, if any peace officer has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency .

Answer 68

True