CPOLS Flashcards
A _________ occurs when a government officer infringes upon an expectation of privacy that society considers reasonable
Search
A _________ of a person occurs when:
(1) a peace officer physically applies force or
(2) when a person voluntary submits to a peace officer’s authority
Seizure
When you deal with a member of the public, the law will classify it as either a ___________ , a __________, or an __________.
consensual encounter,
a detention, or an arrest.
For an investigative stop or detention to be valid, you must have reasonable suspicion that:
(1) criminal activity maybe a foot and
(2) the person you are about to detain is connected with that possible criminal activity.
The general rule is that you do not have to give Maranda warnings to someone you have detained on reasonable suspicion, for a cite and release offense, or for inquiries, especially about identity made at the scene of a crime. Indeed, Miranda warnings are never necessary unless you have both ________ and _____________.
custody and interrogation.
_________________ exists when the totality of the circumstances would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime.
Probable cause
The area that may be searched incident to arrest is limited to the area within the _____________ of the suspect. This generally means the area within ______________ of the arrestee; the nearby physical area from which he, in theory, could grab a weapon or destroy or conceal evidence
Immediate control / arms reach
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, or for the purpose of seizing something, unless:
- ______________
- ______________
- ______________
- You have a warrant
- Exigent circumstances
- You have obtained valid consent
Indeed, in any vehicle detention situation where the driver, upon your request, fails to produce the necessary documentation, you have the right to conduct a limited search for the _________, or __________ and/or __________. 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 sunvisor, but rather may include any area within the vehicle where such documentation reasonably may be expected to be found. Note that this area would not normally include the vehicles trunk.
Driver’s License/ Identification Card and registration
Just as you may lawfully conduct a limited search (frisk or patdown) of a person for a weapon when you have specific facts indicating some possible danger to you, it is also proper for you to enter a ___________ during a detention to conduct a limited search for weapons in situations where the circumstances justify it.
vehicle
You may conduct a warrantless search of any part of a vehicle that is being used on a public thoroughfare, or which is readily capable of such use, as long as you have ______________ to believe the object you were looking for maybe located in that portion of the vehicle.
probable cause