CPOLS chapters 1-5 Weeks 6-7 Flashcards
Both the United States and California Constitutions prohibit _____________searches and seizures of people, houses, and personal property. (I. INTRODUCTION, A)
a) Unreasonable
b) After hours
c) Warrantless
d) All of the above
a) Unreasonable
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon____________, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (I. INTRODUCTION, A)
a) reasonable suspicion
b) probable cause
c) sworn affidavit
d) None of the above
b) probable cause
The ____________ is not violated unless a legitimate expectation of privacy is infringed. (I. INTRODUCTION, A)
a) First Amendment
b) Fourth Amendment
c) Second Amendment
e) All of the above
b) Fourth Amendment
This infringement must be by the government or its agents–private citizens cannot violate the Fourth Amendment. “The proscription against unreasonable search and seizure in the Fourth Amendment applies only to the acts of government officers or their agents.” (I. INTRODUCTION, A)
a) true
b) false
a) true
Also, the search or seizure must be __________, rather than merely an accident. “The Fourth Amendment addresses ‘misuse of power,’ not the accidental effects of otherwise lawful government conduct.” (I. INTRODUCTION, A)
a) planned
b) intentional
c) a mistake
e) both a & b
b) intentional
The “Fourth Amendment does not mandate that police officers act flawlessly, but only that they act ____________.” (I. INTRODUCTION, A)
a) decisively
b) fairly
c) reasonably
d) quickly
c) reasonably
If a person leaves an object behind, or disclaims any knowledge of it or interest in it, he has relinquished any __________________ he might have had in the object. (Ayala (2000) 24 Cal.4th 243, 279; Gallego (2010) 190 Cal.App.4th 388, 395; Decoud (9th Cir. 2006) 456 F.3d 996, 1007.) It is therefore legal for you to search the item. (Chap 3 Search and Seizure, VIII)
a) standing
b) reasonable expectation of privacy
c) ownership
c) none of the above
b) reasonable expectation of privacy
When challenged, the legality of a search or seizure normally is decided prior to trial, either as part of the ____________ or at a ___________________, or both. (I. INTRODUCTION, B)
a) arrest, booking
b) preliminary hearing, separate pretrial suppression motion
c) trial, sentencing
e) none of the above
b) preliminary hearing, separate pretrial suppression motion
The “______________” is a “sanction” created by the Supreme Court to deter improper police conduct. (Chap 2 Search and Seizure, I)
a) motion to suppress
b) exclusionary rule
c) Both a and b
d) none of the above
b) exclusionary rule
A person who has rented a room with a stolen credit card lacks standing to contest entry by police, including compliance with knock and notice. (Chap 2 Search and Seizure, I)
a) true
b) false
a) true
The mere fact that [Jones] received money from another person on the street in an area known for drug activity is __________ justification for a detention.” (Jones (1991) 228 Cal.App.3d 519.) (Chap 2 Search and Seizure, I)
a) sufficient
b) insufficient
c) lawful
b) both a and b
b) insufficient
Incident to a lawful custodial arrest, you are entitled to search the arrestee’s person and area around him, that is, the area and objects that are under his immediate control. Such a search is justified simply by the fact of the lawful custodial arrest–suspicion that the individual is armed or that evidence will be found is ____________. (Robinson (1973) 414 U.S. 218, 235; King (2013) 133 S.Ct. 1958, 1970-1971.) (Chap 2 Search and Seizure, VI)
a) not necessary
b) necessary
c) required
d) Both b and C
a) not necessary
With respect to the general rule for reasonable expectation of privacy: If you are already lawfully inside a home and make an arrest there, you may then be able to conduct a search into protected areas, such as a cupboard or drawer (within the limitations of Chimel (1969) 395 U.S. 752) incident to that arrest. But this exception has nothing to do with ____________. (Chap 3 Search and Seizure, II)
a) other occupants
b) entering
c) standing
d) none of the above
b) entering
Almost anything, anywhere, can qualify as a “home,” such as a boat, van, motel room, tent, etc. (Chap 3 Search and Seizure, II)
a) true
b) false
a) true
It was illegal for the officers to walk into the garage through its open door without a warrant, consent, or exigent circumstances. “Simply put, a person’s garage is as much a part of his castle as the rest of his home.” (Chap 3 Search and Seizure, II)
a) true
b) false
a) true
Defendant, who was camping on a public preserve without a permit, had been evicted recently from at least four other campsites in the preserve. After he was arrested for threatening a public official via emails he sent to the Department of Defense, his tent and possessions were searched. (Chap 3 Search and Seizure, II)
a) the search was lawful
b) the search was unlawful
a) the search was lawful
A person normally has no reasonable expectation of privacy in the areas around the front of his or her home “where members of the public having business with the occupants” would naturally go or see. Indeed, the test for any area immediately surrounding a residence is whether it is an area where the public has _____________. (Thompson (1990) 221 Cal.App.3d 923; Chavez (2008) 161 Cal.App.4th 1493, 1501.) (Chap 3 Search and Seizure, II)
a) an obligation to enter
b) been implicitly invited
c) both a and b
d) none of the above
b) been implicitly invited
It was ____________ for officers to look through a side yard window, located about 20 feet from the front of the house and 40 feet from the sidewalk, even though there was no window covering and even though there was no “barrier” to the public, such as a fence or shrubbery. There was no implicit “invitation” to the public to go there, such as a pathway or entrance to the residence, and passers-by on the street or sidewalk could not see into the room. The officers, who were responding to a “loud party” report at 11 p.m., had not knocked on the front door first and they were not faced with an exigency or evidence of criminal conduct before they looked through the window. (Camacho (2000) 23 Cal.4th 824.) (Chap 3 Search and Seizure, II)
a) legal
b) illegal
b) illegal
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. (LeBlanc (1997) 60 Cal.App.4th 157, 166-167.) (Chap 3 Search and Seizure, III)
a) true
b) false
a) true
Officers were legally inside a rundown apartment without a warrant because of exigent circumstances (gunshots). They discovered several firearms and noticed some fancy stereo equipment, which they suspected was stolen. After moving some of the items to observe the numbers; the officers copied down the serial numbers from the equipment, phoned them in and verified that the objects were stolen before confiscating them. (Chap 3 Search and Seizure, III)
a) illegal search
b) legal search
a; It constituted an illegal search to have moved some of the items, even slightly, to observe the numbers; and (3) this movement or “search” was illegal because it was based only on “reasonable suspicion” and not “probable cause.” Furthermore, it was “unrelated to the objectives of the authorized intrusion.” (Hicks (1987) 480 U.S. 321, 325; see also Clark (1993) 5 Cal.4th 950, 980.)
The “exclusionary rule” is a “sanction” created by the Supreme Court to deter improper police conduct.
a) True
b) False
a) True
Detective is serving a S/W at a hotel room where they know a stolen credit card has been used. Is there still an expectation of privacy upon entry to that room?
a) Yes
b) No
b) No
3) Detective is serving a S/W at a hotel room where they know a stolen credit card has been used, does the compliance of Knock and Notice exist?
a) Yes
b) No
b) No
Don, is a regular visitor has a key to Jeff’s house and has full run of the house when Jeff is not there. Does Don actually have an enough expectation of privacy to challenge a search or entry?
a) Yes
b) No
a) Yes
If I shine a spot light in your eyes and tell you to take your hands out of your pocket, this would be considered a detention or consensual contact.
a) Detention
b) Consensual Contact
b) Consensual Contact
6) If I was running at you shine a spot light in your eyes and tell you to take your hands out of your pocket, it would it be considered a (______)
a) Consensual Contact
b) Detention
c) Arrest
d) All of the above
e) None of the above
b) Detention
If you responded to a domestic dispute call at 2:00 a.m., entered the home with valid consent, but observed nothing out of the ordinary, no one wanted to press charges or make a private person’s arrest, and you were unable to obtain probable cause to arrest for violation of a domestic violence protective order, can you arrest one half that has a Misdemeanor warrant?
a) Yes
b) No
b, No-Misd Warrants 7-10 pm even if you have right to be in the home
“bootstrapping” is:
a) Misleading the suspect
b) You creating the emergency situation yourself
c) An actual emergency situation
d) None of the above
b) You creating the emergency situation yourself
As rule of thumb, how long after arrest is search incident to arrest good for?
a) 20 minutes
b) 30 minutes
c) 45 minutes
d) 60 minutes
b) 30 minutes
Can we use a key on a lock just to see if it works to, thus giving us enough to write a search warrant?
a) No
b) Yes
b- Yes, Legitimate investigative purposes.
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.
a) The officers were entitled to seize the pipes
b) The officers could not seize the pipes
c) The officers could now search the entire room
d) The officers close their eyes and take the body
a - 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 be probable
lawfully search the room
Jeff’s neighbor called Police to advise that Jeff’s Pigmy goat that he loved dearly, was screaming in terror as if something horrible was happening to it. Officers arrived and forced entry fearing that the goat was being tortured. They did find the goat and Jeff in an interesting situation. Was the forced entry legal?
a) No, it must be a human
b) Yes, as long as you have PC to believe the animal is injured
b) Yes, as long as you have PC to believe the animal is injured
In regards to Consent, even though you have a warrant, would it be appropriate to ask consent to search?
a) Yes
b) No
a-Yes, just in case the warrant is deemed bad in court
Is a consent search just as good as a warrant to search?
a) Yes
b) No
b-No, *a warrant gives authorities to search more than just consent (other People)
If Don gives me a suitcase to hold for him, do I have the authority to give consent to search it?
a) Yes
b) No
b) No
After formal charges have been filed against a suspect and an attorney has been appointed or retained on those charges:
a) It would be improper to conduct a consent search
b) It would be proper to conduct a consent search with consent
c) It would be proper to conduct a consent search with consent of suspect and counsel
d) None of the above
c) It would be proper to conduct a consent search with consent of suspect and counsel
Regarding Search Incident To Arrest of an armed robbery suspect in his bedroom, was it legal to search an area within 6 to 8 feet, including a box at the foot of the bed where two guns were discovered?
a) Yes,Lunging distance
b) No, further than lunging distance
a) Yes,Lunging distance
“Probable cause plus” means that, in addition to demonstrating a fair probability that the search will result in the discovery of evidence of a crime,
a) there must be mere certainty that there is evidence of the crime present
b) the affidavit must also show that the need for the evidence outweighs the reasonably foreseeable danger and intrusiveness of the procedure
c) the affidavit must also show that the reasonably foreseeable danger outweighs the need for the evidence
d) facts must exist that a crime has occurred
b) the affidavit must also show that the need for the evidence outweighs the reasonably foreseeable danger and intrusiveness of the procedure
Example: Officer discovers a man passed out from drinking and is checking for a Medic-Alert card in his wallet when he finds contraband. The warrantless search would be (____).
a) Valid
b) Invalid
a) Valid
Example: It was (________), where two officers contacted two males sitting on a bench in a park, asked for and checked the identification of the one who appeared to be under the influence of a controlled substance, and did nothing by words or conduct to indicate that he was not free to leave. (Terrell (1999) 69 Cal.App.4th 1246, 1254.)
a) Detention
b) a consensual encounter
b) a consensual encounter
When a govt officer infringes upon an expectation of privacy that society considers reasonable, a ____ has occurred (CPOLS 2.1)
a. Search
b. Seizure
c. Open field search
d. Detention
a. Search
A seizure takes place when (CPOLS 2.1)
a. A person voluntarily submits to a peace officer’s authority
b. A person is fleeing from a an officer who is lawfully attempting to detain them
c. A peace officer physically applies force
d. Both a and c
d. Both a and c
Prop 8 allowed (CPOLS 2.2a)
a. Jeff and Sameer to get married
b. The elimination of the exclusionary rule for violations of the state constitution when the actions did not violate the federal constitution
c. Doug to smoke grass when his glaucoma flairs up
d. A person being detained illegally to be immune from prosecution for any crime committed during the illegal detention
b. The elimination of the exclusionary rule for violations of the state constitution when the actions did not violate the federal constitution
What is NOT a consideration when determining standing (CPOLS 2.2b)
a. Does the person have a property or possessory interest
b. Does the person have the right to exclude others from that place
c. Has he exhibited a subjective expectation that it would remain free from governmental invasion
d. Was he legitimately on the premises
e. Effects of exclusionary rule on any items seized in the place
e. Effects of exclusionary rule on any items seized in the place
Out of the following, who has standing to challenge a search (CPOLS 2.2b)
a. A person who is present in a hotel room rented by another person
b. A juvenile who resides with a legal guardian
c. A person who has rented a hotel room with a stolen credit card
d. A store clerk working behind the counter
b. A juvenile who resides with a legal guardian
Out of the following, who does NOT have standing to challenge a search
a. The lessee of a rental car where the lease has expired
b. A babysitter during the time he or she is sitting and while the owner is away
c. A person who left their locked tool box in the motel room of another person
d. Motel room occupant whose roommate gave officers a consent to search while illegally detained outside
d. Motel room occupant whose roommate gave officers a consent to search while illegally detained outside
All are circumstances “good faith” rule was applied to prevent suppression of evidence, except:(CPOLS 2.4b)
a. A flawed search warrant issued by a judge
b. A probation dept. clerk erroneously failed to remove a subject from active probation status data base
c. Officer’s arrest of a minor at 5:45 am for curfew
d. An officers erroneous search was the result of mere negligence
c. Officer’s arrest of a minor at 5:45 am for curfew
An officer observed one white male and several black males leaving a housing project populated by blacks. It was night, a high crime area, and in the past the officer has seen whites in that area at night only to buy drugs. The group dispersed as the officer approached and the officer detained the white male (CPOLS 2.10e)
a. Held, the detention was legal due to the totality of the circumstances and the officer’s knowledge of the criminal activity
b. Held, the detention was illegal due to race, time of night, and neighborhood being too flimsy to connect the individual with a crime
c. Held, the detention was legal due to the officers subjective knowledge of the criminal activity coupled with flight
d. Held, the detention was illegal due to the erroneous objective facts as described by the officer
b. Held, the detention was illegal due to race, time of night, and neighborhood being too flimsy to connect the individual with a crime
Police received an anonymous telephone tip that Vanessa White would be leaving a described address at a particular time in a brown Plymouth station wagon with the right taillight lens broken, that she would be going to Dobey’s Motel, and that she would be in possession of about an ounce of cocaine inside a brown attache case. Officers went to the address, observed a car that matched the description, saw a woman come out of the described residence at approximately the anticipated time, not carrying anything, and drive toward Dobey’s Motel.
a. Held, corroboration made the tip sufficiently reliable to provide reasonable suspicion to detain because of its accurate predictive nature.
b. Held, the anonymous tip was not sufficiently reliable for detention
c. Held, the tip was sufficient based on the “collective knowledge” rule
d. Held, the tip…just hold it.
a. Held, corroboration made the tip sufficiently reliable to provide reasonable suspicion to detain because of its accurate predictive nature.
An anonymous telephone tip that a young black man standing at a described bus stop and wearing a plaid shirt, was carrying a gun (CPOLS 2.12f)
a. Held, insufficient to justify a matching suspect’s detention based the fact that a tip be reliable in its assertion of illegality, not just in its tendency to identify a determinate person
b. Held, sufficient to justify a matching suspect’s detention based in the mere gravity of the danger alleged in the tip
c. Held, insufficient to justify a matching suspect’s detention based lack of standing by the tipster
d. Held, sufficient to justify a matching suspect’s detention based on predictive behavior
a. Held, insufficient to justify a matching suspect’s detention based the fact that a tip be reliable in its assertion of illegality, not just in its tendency to identify a determinate person
What is NOT among the major exceptions for transporting a suspect to a victim for a field show up (CPOLS 2.17)
a. When the victim cannot be moved
b. When transporting the suspect to the victim is the best or only practical alternative
c. When the length of the suspect’s detention causes an ex facto arrest
d. When the officer has probable cause to arrest the suspect
e. When you have consent of the suspect
c. When the length of the suspect’s detention causes an ex facto arrest
Miranda should have been read to a suspect where he was surrounded by at least four officers, several vehicles, and a helicopter while held at gunpoint and questioned by officers who showed him suspicious items of property (CPOLS 2.19)
True / False
True
It was ______ for a deputy to frisk a man who was sitting in a stopped car, engine running, in the middle of a one lane rural road, even though the man had no license or other ID, refused to let the deputy search his vehicle, and was nervous and sweating, and even though the deputy had discovered a film canister containing baking soda (CPOLS 2.20)
a. Legal based on the “standard procedure” of the officer
b. Illegal because there were no factors that would lead an officer to reasonably believe that a weapon might be used against him
c. Legal because the officer had specific and articulable facts showing that the suspect may be
d. Illegal because a refusal of consent to a search cannot be the sole basis for reasonable suspicion that a suspect is armed
b. Illegal because there were no factors that would lead an officer to reasonably believe that a weapon might be used against him
During the execution of a narcotics search warrant, it was ______ for an officer to pat down a man who was sitting on the couch in the living room, even though (1) the man was completely passive and not saying to doing anything threatening, (2) there was nothing beyond the inherent danger of the situation to specifically indicate that the man might be armed and dangerous, (3) the search warrant did not authorize a search of his person (CPOLS 2.20b)
a. Illegal due to there being no “quantum of evidence” to support the fact that the man may have a weapon
b. Legal due to the man having no standing inside the dwelling
c. Illegal due to there being no “substantial possibility” that the man was armed
d. Legal due to the nature of the crime being investigated
d. Legal due to the nature of the crime being investigated
An officer may seize any “non threatening contraband” which is detected during a terry protective pat down only if the nature of the contraband is ________ (CPOLS 2.20 e)
a. Inherently in obtrusive
b. Sporadically nonchalant
c. Unexplainable recalcitrant
d. Immediately apparent
d. Immediately apparent
An officer who finds a flat, nondescript, rectangular black plastic case labeled “Bushmaster” is able to open it and search for a weapon under the “single-purpose container” exception (CPOLS 2.22c)
True / False
False
What are the hours an officer can make a misdemeanor arrest in public (CPOLS 2.24c)
a. 7am to 11pm
b. 8am to 10pm
c. 6am to 10pm
d. 6am to 11pm
c. 6am to 10pm
An officer stops a car containing three individuals for speeding and is able to conduct a consent search. The officer finds $763 in cash from the glove compartment and five plastic baggies of cocaine behind the back seat armrest. All three subjects denied knowledge and ownership of the money and drugs. What action did the court find was appropriate (CPOLS 2.28d)
a. Driver arrested on probable cause
b. Passenger arrested on probable cause
c. Rear passenger arrested on probable cause
d. All three subjects arrested on probable cause
e. No arrests made, officer could not prove owner ship
d. a reasonable officer could infer that any or all three of the vehicles occupants were in possession of the narcotics
either jointly or alone
At the front door of a home, an undercover officer falsely told occupant that he had run into the occupant’s pickup truck. When occupant came outside, he was confronted by other officers, dressed in “ninja style” raid gear, who obtained consent to search his person. What was the courts take on the search (CPOLS 2.39)
a. The consent to search was valid because the police did not misrepresent themselves to gain access INTO the residence
b. The consent to search was invalid because the police lure was one that almost no one (criminal or not) would refuse
c. The consent to search was invalid because officer Shiraishi and his “ninja style” raid gear was an example of probable cause plus
d. The consent search was valid because the shared knowledge exception applied
b. The consent to search was invalid because the police lure was one that almost no one (criminal or not) would refuse
What is NOT a reason to excuse the knock and notice requirement for the service of an arrest warrant (CPOLS 2.41)
a. Information based on specific facts that the suspect is not inside
b. Information based on specific facts that the suspect is armed and will use his weapon
c. Information based on specific facts that evidence will be destroyed
d. Information based on specific facts that the suspect will escape
e. You in immediate or “hot pursuit”
a. Information based on specific facts that the suspect is not inside
Generally, a search will be valid as incident to arrest if the search is carried out within _____ of the arrest (CPOLS 2.47)
a. 15 minutes
b. 30 minutes
c. 1 hour
d. 12 hours
b. 30 minutes
Boot Hughston arrived at the Mendocino County Fairgrounds World Music Festival in a rented Hummer and pitched a 10’ x 30’ tent-like structure that enclosed the vehicle and provided additional living space. The structure was made of an aluminum frame and tarps that draped over the frame and the Hummer. After an undercover BNE agent observed a number of drug sales by Hughston on the fairgrounds, Hughston was detained, searched, and arrested. Officers then located the rented Hummer and entered the tarp structure to conduct a full search of the vehicle (CPOLS 3.2a)
a. Held: The tarp structure was temporary and therefore did not constitute the definition of a dwelling under the 4th amendment and the officers entry was lawful
b. Held: The tarp structure amounted to a modern example of a shanty, but was however able to contain a residence, and the officers warrantless entry was unlawful
c. Held: The tarp structure was equivalent to a large camping tent, and the officers’ warrantless entry into the “structure” was unlawful.
d. Held: The tarp structure is akin to a native American teepee and we already took their land, so why not trample their civil rights…come ‘on now! More firewater?
c. Held: The tarp structure was equivalent to a large camping tent, and the officers’ warrantless entry into the “structure” was unlawful.
Sameer Sood, who was camping on a public preserve without a permit, had been evicted recently from at least four other campsites in the preserve. After he was arrested for threatening a public official via emails he sent to the Department of Defense, his tent and possessions were searched by CIU.
a. Held: The search was lawful. “Defendant was not in a position to legitimately consider the campsite–or the belongings kept there–as a place society recognized as private to him.”
b. Held: The search was unlawful. “Defendant was in a position to consider the campsite, no matter how temporary was a lawful residence and could reasonably expect privacy”
c. Held: The search was unlawful. “Defendant was simply living in an age old, traditional, time tested, some would say ancient, version of the same home his ancestors lived in, until they were, in essence, kicked out of their home land by “you know who””
a. Held: The search was lawful. “Defendant was not in a position to legitimately consider the campsite–or the belongings kept there–as a place society recognized as private to him.”
Officers responded to an anonymous tip concerning narcotics activity at a certain residence. Arriving there about 7:30 p.m., they drove down an alley and observed a Cuban male standing in the rear yard of the residence. One officer recognized him, from an earlier bestiality arrest, and knew he did not live there. Upon seeing the officers, the man stepped back, away from them. The officers got out of their car and “hopped over” a three-and-a-half-foot chain-link fence, detained the man, and ultimately discovered contraband, legally, in a nearby chicken coop.
a. Held: Warrantless entry into the fenced yard was illegal.
b. Held: Warrantless entry into the fenced yard was legal.
b. Held: Warrantless entry into the fenced yard was legal.
It was _____ for officers to look through a side yard window, located about 20 feet from the front of the house and 40 feet from the sidewalk, even though there was no window covering and even though there was no “barrier” to the public, such as a fence or shrubbery. There was no implicit “invitation” to the public to go there, such as a pathway or entrance to the residence, and passers-by on the street or sidewalk could not see into the room. The officers, who were responding to a “loud party” report at 11 p.m., had not knocked on the front door first and they were not faced with an exigency or evidence of criminal conduct before they looked through the window.
a. Legal
b. Illegal
b. Illegal
Police, acting on an anonymous tip, went out to the suspect’s property, walked past his house, went around a locked gate posted with “no trespassing” signs, and walked over a mile onto his private property to find a secluded parcel of marijuana that could not be seen from anywhere else.
a. The U.S. Supreme Court upheld all these actions as involving only “open fields.” The fact that the officers committed a technical trespass also made no difference.
b. The U.S. Supreme Court did not uphold all these actions as involving only “open fields.” The fact that the officers committed a technical trespass engaged the exclusionary rule.
a. The U.S. Supreme Court upheld all these actions as involving only “open fields.” The fact that the officers committed a technical trespass also made no difference.
Morse was selling pornographic films. An officer stationed himself on a hill 200-300 yards from the 8th floor window where Arno was “working.” Using binoculars, the officer could see through the window and viewed crime-related evidence. This fact was placed in an affidavit for a search warrant.
a. The evidence was suppressed because the officer could not have seen the evidence with his naked eye and because there was no public or semi-public vantage point from which the public could have seen the contraband with the naked eye
b. The evidence was not suppressed because the officer was standing in a public place when he used the binoculars to get a “better look”.
a. The evidence was suppressed because the officer could not have seen the evidence with his naked eye and because there was no public or semi-public vantage point from which the public could have seen the contraband with the naked eye
Before searching an item in plain view, an officer must first have _______ that the item is contraband (CPOLS 3.9)
a. Just cause
b. Reasonable suspicion
c. Probable cause
d. A hunch
c. Probable cause
Officer Shiraishi is beebopping down the sidewalk when he legally observes a person in his garage with approx. a half ounce of marijuana. The suspect sees Ofc Shiraishi and begins running to a sink in the corner of the garage. Believing the suspect is about to destroy the evidence, Ofc. Shiraishi does a back flip of the 2 foot high chain link fence, runs into the garage and hip throws the suspect into the hurt locker. Will Ofc. Shiraishi make case law (again) for a bad search.
True / False
T- exigent circumstances to enter under the destruction of evidence criteria does not exist for under an ounce of marijuana; the offense must be jailable
Ofc. Sample obtains a search warrant for the home of Joe Bailey, then poses as a “lady of the night” to lure Bailey out of his house, wherein he is quickly detained by uniformed police officers. This considered a reasonable ruse in the eyes of the court.
True / False
True
The Fourth Amendment addresses ‘misuse of power,’ as well as the accidental effects of otherwise lawful government conduct. [CPOLS 2, I, A]
a. True
b. False
B (Does not cover accidental effects, search/seizure must be intentional.)
A person who has rented a hotel room with a stolen credit card lacks standing to contest entry by the police, including compliance with knock and notice. [CPOLS 2, I, B, 2]
a. True
b. False
a. True
It is considered a detention if you pull up by a parked car and leave it room to drive away, while directing your highbeams and white spotlights into the passenger compartment. [CPOLS 2, II, B]
a. True
b. False
b. False
Which of the following is “criminal activity afoot” and “the person you are about to detain is connected with the possible criminal activity.” [CPOLS 2, III, B]
a. Consensual encounter
b. Reasonable suspicion
c. Probable cause
d. Detention
b. Reasonable suspicion
If you approach someone or a group and one of the subjects runs away, you give chase – your act of chasing after the person is considered which of the following? [CPOLS 2, III, B, 1, b
a. Detention
b. Arrest
c. Reasonable suspicion
d. None of the above
D) No detention but may give you reason to believe he is involved in criminal activity.
Suppression of evidence under the Fourth Amendment requires that the evidence be fruit of an illegality. However, if an officer conducts an unlawful detention, but recognizes the subject as a known probationer with searchable status; according to _____ evidence located on the probationer’s person is legal. [CPOLS 2, III, B, 3]
a. Inevitable discovery
b. Evidence attenuation
c. Intervening circumstance
d. All of the above
c. Intervening circumstance
Ordering suspects from their car at gunpoint, handcuffing them, and placing them in a patrol car to wait for identification by a victim is considered which of the following? [CPOLS 2, III, E]
a. Consensual encounter
b. Detention
c. De facto arrest
d. Probable cause
b. Detention
Which of the following is NOT an exception to move a suspect for an in-field showup? [CPOLS 2, III, F]
a. When you have probable cause to arrest the suspect.
b. When you have voluntary consent from the suspect.
c. When the victim cannot be moved.
d. When there are no other officers available.
e. When the suspect is a juvenile.
e. When the suspect is a juvenile.
The general rule is that you do not have to give Miranda warnings to someone who you have detained, except: [CPOLS 2, III, H]
a. One reasonable suspicion
b. For a “cite-and-release” offense
c. Questioning regarding felony crime
d. For “inquiries” – especially about identity
c. Questioning regarding felony crime
An arrest takes place when you take a person into custody. This requires either that you physically restrain or at least touch the person or that he submits to your authority. [CPOLS 2, IV, A]
a. True
b. False
a. True