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
You are required to have reasonable suspicion to obtain a right thumbprint of any person you are citing and releasing on a written promise to appear. [CPOLS 2, IV, F]
a. True
b. False
B (You have the right to obtain the right thumbprint.)
Advantages to using a pre-complaint, Ramey, warrant process include the following, except: [CPOLS 2, V, A]
a. Burden of proof rests on defense.
b. Efficient use of time spent in courts.
c. Bypasses the 48-hour filing requirement.
d. Confidentiality from defense.
e. Aids in apprehension due to CLETS/WPS submission.
f. Sixth Amendment does not apply.
g. Aids in case strategy.
h. Set and influence bail.
c. Bypasses the 48-hour filing requirement.
Which of the following is not an exception to “knock and notice” requirements? [CPOLS 2, V, C, 2]
a. Suspect is armed and will use a weapon.
b. Evidence will be destroyed.
c. Suspect is a validated gang member.
d. Suspect will escape.
e. You are in immediate, hot pursuit.
c. Suspect is a validated gang member.
In the case of drawing of blood for testing for alcohol or drugs, warrantless searches are permitted, incident to a lawful arrest, if: [CPOLS 2, IX, B, 1]
a. There was probable cause to arrest the suspect for a crime in which the existence of alcohol or drugs is relevant to criminal proceedings.
b. The blood is drawn by trained medical personnel.
c. Under the totality of circumstances, a delay in obtaining a warrant would result in the destruction of evidence as a result of natural metabolism.
d. All of the above
d. All of the above
The _____ of a home enjoys the same protection as the home itself. [CPOLS 3, B]
a. Driveway
b. Three-foot high gated courtyard
c. Curtilage
d. None of the above
c. Curtilage
An officer was told by an informant that John was growing marijuana. The officer responded to the alley behind John’s home, looked through a small knothole in a six-foot-high wooden fence and saw marijuana growing. Officer then obtained a search warrant and seized the marijuana. Was this a legal seizure? [CPOLS 3, C, 6]
a. Yes
b. No
B (Looking through the knothole was a warrantless search.)
When determining what falls within curtilage, which of the following is not considered? [CPOLS 3, C, 9]
a. Proximity of the area to the home.
b. What type of fence, wall or structure is present on the property.
c. Whether the area is included within an enclosure.
d. How the area is used.
e. The steps taken by the resident to protect area from public view.
b. What type of fence, wall or structure is present on the property.
Is it lawful if an officer uses a set of keys located in a suspect’s pocket to test the door locks of a home and use that information in support of a search warrant? [CPOLS 3, C, 16]
a. Yes
b. No
a. Yes
You may seize an object in plain view as long as which of the following are true: [CPOLS 3, III]
a. You have a lawful right to be in the place from which you are viewing the object.
b. The incriminating character of the object is immediately apparent.
c. You have a lawful right of access to the location of the object.
d. All of the above
d. All of the above
If officers observe evidence during a protective sweep, they may re-enter a residence to seize the evidence if the seizure is close in time during an uninterrupted police presence. [CPOLS 3, III]
a. True
b. False
a. True
What two elements are needed for Reasonable Suspicion?
a. Probable cause and Training and experience
b. Criminal activity may be afoot and the person to be contacted is connected
c. High crime area and training and experience
d. Officers hunch and person to be contacted is connected to that hunch
b. Criminal activity may be afoot and the person to be contacted is connected
During a Pat-down of a suspected narcotic user/buyer, an officer felt a small lump in the suspect’s jacket pocket. When he “examined it with his fingers”, it slid and felt like a lump of crack cocaine in cell phone. Accordingly, the officer reached into the pocket and retrieved a small plastic bag containing some crack cocaine.
a. Held. It was a legal search because officer had PC that is was illegal contraband.
b. Held. It was a legal search cause officer’s training and experience told him it was felony narcotics
c. Held. It was an unlawful seizure. It was an illegal search for the officer to squeeze, slide, and otherwise manipulate the contents of the jacket pocket because when he did that, he already concluded that the pocket did not contain a weapon.
d. These tests are gonna take hella long to do because the legal source book sucks donkey dick.
c. Held. It was an unlawful seizure. It was an illegal search for the officer to squeeze, slide, and otherwise manipulate the contents of the jacket pocket because when he did that, he already concluded that the pocket did not contain a weapon.
A detention occurs when a reasonable person and innocent person would believe they are not fee to leave?
a. True
b. False
a. True
Officer was patrolling a high crime, high drug area of Vallejo after 11pm when he observed defendant standing next to a parked car. The officer stopped the patrol car about 35 feet away and turned on the patrol car spotlight to illuminate the defendant. Defendant appeared to be nervous and the officer walked “Briskly” toward him. Officer could see defendant look shocked and nervous and start walking backwards. Defendant said “I live here” and pointed to a nearby house. Officer said “ok I just want to confirm that” and asked defendant if he was on probation or parole. Defendant was on parole.
a. Held, the combination of the area and defendants actions was enough for reasonable suspicion and enough for a detention
b. The combination of the spot-light, officer “rushing” at him and asking about status amounted to an unlawful stop
c. Held, the officers training, experience, and knowledge of the area was enough for detention
d. None of the above
b. The combination of the spot-light, officer “rushing” at him and asking about status amounted to an unlawful stop
At midnight, officers lawfully stopped defendant’s car for taillight violation. After defendant complied with request to step out of the car and walk backwards with his hands behind his head, the officer grabbed his hands to conduct a weapons search based on the “high gang location.”
a. Held, the detention and search based solely on being in high crime area late at night was unlawful
b. Held, the detention and search based solely on being in high crime area late at night was lawful
c. Held, officers had PC for the stop so it didn’t matter
d. Held, common department protocol allowed for such tactics
a. Held, the detention and search based solely on being in high crime area late at night was unlawful
Open fields have no expectation of privacy and therefore the fourth amendment has no applicability.
a. True
b. False
a. True
Officer was trying to locate Chavez, whom he believed to be home, and walked a few feet from the front door to the side yard gate to call into the residence. He raised himself on his tip toes to look over the fence and saw a cocked revolver in the side yard. The officer entered the backyard and seized the revolver
a. The observation was illegal because he had to “raise” himself to look over the fence
b. The observation illegal because he used his flashlight to see the gun
c. The officers observations and entry were legal
d. None of the above
c. The officers observations and entry were legal
Persons on the ground have no right to privacy from warrantless aerial observations.
a. True
b. False
a. True
After Celis was detained in his back yard following extensive surveillance connecting him to a statewide drug smuggling ring. Officers entered the residence to search for others.
a. Held, entry was legal as narcotic dealers are known to be in the company of dangerous armed subjects
b. Held, officers could not enter the residence without reasonable suspicion that person posing a danger to officer safety were inside. A vage suspicion will not suffice.
c. Held, entry was legal due to inevitable discover since the officers were going to get a search warrant anyway
d. Held, illegal cause Celis was in custody and his arrest ended any exigency
b. Held, officers could not enter the residence without reasonable suspicion that person posing a danger to officer safety were inside. A vage suspicion will not suffice.
The exigent circumstances exception to the warrant requirement of the fourth amendment may be invoked to permit warrantless entry to residences to aid animals.
a. True
b. False
a. True
Officers went to Johnson’s motel room to talk to him about nonpayment of a taxicab fare. They knocked, identified themselves, and stated their purpose. When he opened the door, they saw narcotics and paraphernalia in plain view, so they entered and seized them.
a. Held, bad entry. Could have detained Johnson and obtained a warrant
b. Held, lawful entry because by Johnson opening the door for the officers it was implied consent
c. Held, lawful entry because without prompt action, the suspect might have escaped or destroyed evidence
d. Held, cause I can’t figure out another fake answer for you guys to choose from
c. Held, lawful entry because without prompt action, the suspect might have escaped or destroyed evidence
Pringle was the front-seat passenger in a car stopped for speeding. A search of the Nissan sedan was conducted with the drivers consent uncovered $763 in cash from the glove compartment and five plastic baggies of cocaine behind the back seat armrest. All three denied ownership of the money and drugs.
a. Held, only Pringle was arrested
b. Held, no probable cause to arrest all three. Ownership could not be determined.
c. Held, only probable cause to arrest the driver. The other arrests were illegal
d. Held, officer had probable cause to arrest Pringle. A reasonable officer could infer that any or all three of the occupants were in possession of the contraband, either jointly or alone.
d. Held, officer had probable cause to arrest Pringle. A reasonable officer could infer that any or all three of the occupants were in possession of the contraband, either jointly or alone.
Warrantless entry to apprehend a DUI suspect given that his blood alcohol level would have dissipated and or he could have consumed additional alcohol in the residence to mask his levels while driving, in combination with the strong evidence that he had committed the dangerous act of a DUI, his attempt to evade contact with officers when they arrived at his residence..
a. Exigent circumstances justified entry
b. Bad entry, exigent circumstances for DUI not allowed
c. Bad entry, exigent circumstances for Misdemeanor offenses doesn’t exist
d. Justified entry based on fresh pursuit
a. Exigent circumstances justified entry
If you gain entry into a residence by saying you want “to just talk” and then once inside you arrest the suspect..
a. This is justified as officers can use a ruse to make entry
b. Bad entry because your misrepresentation of purpose
c. Justified entry because it doesn’t matter what the citizens think about your mind set
d. Both A and C
b. Bad entry because your misrepresentation of purpose
Under McKay, an officer can make a custodial arrest for an infraction and hence conduct a search incident to arrest.
a. True
b. False
a. True
If a driver has less than one ounce of marijuana, is a custodial arrest allowed?
a. Yes
b. No
c. No, but a limited search for additional contraband is allowed based on the marijuana and the drivers narcotic history
d. Yes, because driver was arrested for DUI and a tow inventory search is authorized
c. No, but a limited search for additional contraband is allowed based on the marijuana and the drivers narcotic history
Officer, who had probable cause but no warrant to arrest Oaxaca, saw him standing his open garage, which was attached to his house. Entry into garage was..
a. Entry into the garage was illegal
b. Entry into the garage was legal
c. Entry was legal cause PC was enough and garage was open
d. Oaxaca gave implied consent by having the garage open
a. Entry into the garage was illegal
Around 4am officers responded to the apartment of an elderly women who had been brutally raped and was bleeding severely. They heard loud music coming from next door and wanted to check for possible witnesses, but no one answered despite persistent knocks. They considered this to be unusual and thought there might be another victim inside. A check of the door indicated that it was unlocked. They peeked inside, saw legs sticking out by a sliding glass door, entered and discovered the rapist. The entry was…
a. Illegal
b. Lawful
c. Whole shit this stuff is dump
d. I now know must have violated so many people rights after only reading 2 chapters.
b. Lawful
As with the search of a residence, a person challenging a search or seizure of a vehicle must have a legitimate expectation of privacy in the vehicle. (Chap. 4, I, A)
a) True
b) False
a) True
To have a valid detention you must have: (Chap. 4, II, B)
a) (1) something relating to sex is happening, or is about to happen); and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.
b) (1) something suspicious has just happened; and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.
c) (1) something relating to crime has just happened (or is happening, or is about to happen); and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.
d) (1) something relating to crime has just happened (or is happening, or is about to happen); and (2) the circumstanced are connected with that suspicious activity.
c) (1) something relating to crime has just happened (or is happening, or is about to happen); and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.
An officer checked out a “suspicious vehicle” call one afternoon and discovered four males ducking up and down in a car parked in a high narcotics area of Sacramento. The car was registered in Los Angeles; only one of the occupants had any identification; they were miles from their supposed destination; and in the map pocket behind the passenger seat the officer could see a man’s clutch purse that contained a white prescription bottle and a “bundle” of empty tiny white plastic baggies. (Chap 4, IV, A)
a) These circumstances provided probable cause to search the entire car and all containers in the car that might contain drugs.
b) These circumstances provided probable cause to detain the subjects in the area of the car but not search the vehicle.
c) These circumstances did not provided probable cause to search the entire car and all containers in the car that might contain drugs.
e) These circumstances provided probable cause to search the entire car, arrest all the subjects in the area and search all containers in the car that might contain drugs.
b) These circumstances provided probable cause to detain the subjects in the area of the car but not search the vehicle.
Officers raided a drug delivery at a small airstrip and discovered a vehicle full of suspicious packages. Although they could have searched them there at the time, it was perfectly legal to confiscate them and open them without a warrant three days later at a warehouse. (Chap 4, IV, F)
a) True
b) false
a) True
Officers made a traffic stop and observed, from outside the vehicle, items they recognized as having been stolen in a recent robbery. This did not give them probable cause to enter the passenger compartment, seize the contraband, and search for additional “fruits.” (Chap 4, V, B)
a) true
b) false
b) false
Police conducting surveillance of a city employee saw him stash two bags, believed to contain stolen parking meter coins, in his vehicle parked in a nearby parking lot. Two hours later, after the police arrested the employee at work and took him into custody, the warrantless search of his car was legal based on probable cause. (Chap 4, V, B)
a) true
b) false
a) true
During a lawful search of a vehicle’s passenger compartment, an officer found “a marijuana bud” in the driver’s “day planner.” The discovery of even small, “personal use” amount(s) of marijuana in the passenger compartment provides probable cause to search the truck. (Chap 4, VI)
a) true
b) false
a) true
A cop-killer crashed his car and ran off on foot. You are seeking his identity, address and/or description to aid in his immediate capture. Based on these circumstances alone you may not enter the vehicle without a warrant. (Chap 4, XI)
a) true
b) false
b) false
You may also legally stop a vehicle, even though the driver’s identity is unknown, when you know an arrest warrant exists for the registered owner, as long as the driver “could” be the registered owner, i.e., you are not aware that he is a different race, sex, etc.
a) True
b) False
a) True
A traffic stop is lawful if based on reasonable suspicion that the motorist has violated the Vehicle Code or other law; probable cause is not required.
a) True
b) False
a) True
“Pretext” Stops. If you have a “hunch” that a vehicle or its occupants are involved, for instance, in a felony (such as drug trafficking), but you do not have enough specific information to make a valid detention for the felony, you may make a traffic stop and see what you can see as long as:
a) you have a valid basis for the stop (an actual or suspected violation of the Vehicle Code or other law)
b) you have reasonable suspicion that a crime was committed
c) your actions are consistent with that basis.
d) A&C
d) A&C
Example: A sheriff’s deputy stopped Hernandez’s pickup truck solely because it was being driven with a temporary operating permit in the rear window and no license plates. He relied on his experience that operating permits were very often forged or issued for a different vehicle.
a) HELD: “An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid.
b) HELD: “An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid.
c) Neither applies
a) HELD: “An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid.
If a call comes out regarding a DUI driver in a red compact car comes out in the area I’m working, can I stop a red compact car in the area with no further info?
a) No, you must have reasonable suspicion that the vehicle is connected to the DUI call
b) Yes, investigative stop. Grave risk to public safety.
b) Yes, investigative stop. Grave risk to public safety.
The rule for patting down (frisking) the driver or other occupant does not change just because the person is (or has just been) in a vehicle, as opposed to the street. You are permitted to conduct a limited search of the driver or other occupant for weapons or objects that could be used as a weapon if you have:
a) Probable cause to believe that the individual is armed and dangerous
b) Specific facts indicating that the individual may be armed and dangerous
c) specific facts indicating that the individual is concealing a gun
d) Probable cause to believe that Sood has a missile
b) Specific facts indicating that the individual may be armed and dangerous
b) False - before cite
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:
a) driver’s license
b) identification
c) vehicle registration
d) all of the above
Furthermore (above), this search–which must be carried out after you issue the citation.
a) True
b) False
d) all of the above
Identification 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 reasonably may be expected to be found. Note that this area would normally not include the vehicle’s trunk.
a) True
b) False
a) True
Ca state law, officers need (_________________) to believe a probationer is living at a location.
a) reasonable suspicion
b) probable cause
a) reasonable suspicion
(Eavesdropping) It was legal for a husband to secretly tape-record his wife’s telephone calls from their family residence, and the recordings could not be introduced into evidence at her trial for his murder.
a) True, no expectation of privacy
b) False, a violation of the federal Act
b) False, a violation of the federal Act
(Wiretap) Officers may rely on the “good faith” exception if the wiretap order fails to conform to California’s statutory provisions.
a) True
b) False
B May not rely on good faith
Within (__) days of an order authorizing an interception, a report must be made to the Attorney General showing what persons, facilities, and places are to be intercepted and the action taken by the judge on each application.
a) 5 days
b) 10 days
c) 15 days
d) 20 days
b) 10 days
(Jail) It was (___________), as part of the booking search, to remove an envelope from arrestee’s pants pocket, open it, and find an incriminating letter.
a) Permissible – full search and seizure and examination of anything on him/her
b) Not Permissible- search is admissible, but the information in the note is not
a) Permissible – full search and seizure and examination of anything on him/her
All arrestees have the right to three completed phone calls (instead of two) immediately upon being booked and, unless impossible, within (______) hour(s) after being arrested.
a) One
b) Two
c) Three
d) Four
c) Three
(Dogs) Miami-Dade police used a drug-sniffing dog on Jardines’ front porch after receiving an unverified tip that marijuana was being grown inside the residence. Officers applied for a search warrant based on the dog’s “alert” as to the presence of narcotics
a) HELD: The use of a trained police dog to investigate a home inside the curtilage is a “search,” was authorized in this case.
b) HELD: The use of a trained police dog to investigate a home inside the curtilage is a “search,” which was not authorized in this case.
c) HELD: The use of a trained police dog to investigate a home inside the curtilage is a “sniff,” which was authorized in this case.
d) HELD: The use of a trained police dog to investigate a home inside the curtilage produced “Probable Cause” for the issuance of a warrant.
b) HELD: The use of a trained police dog to investigate a home inside the curtilage is a “search,” which was not authorized in this case.
Just like “plain view,” “plain smell” is also not a “search,” and it too can provide probable cause for searching parts of cars and containers within cars.
a) True
b) False
a) True
Example: Smith shot and killed two officers. He escaped in a car that he had rented under a fictitious name and equipped with stolen license plates. After the offense, he parked the car in an alley and flew to Chicago. Under these circumstances:
a) Smith still had standing of the vehicle and a warrant is needed
b) Smith released his standing upon leaving the vehicle
c) It was proper to consider the vehicle abandoned
c) It was proper to consider the vehicle abandoned
(Vehicles As Evidence) Example: Where female victims had been kidnapped and raped in the defendant’s van, it was lawful for the police, when they arrested the defendant at his residence, to:
a) seize and impound his van
b) to enter it without a warrant three days later to conduct a scientific examination
c) to seize evidentiary items observed in plain view at that time
d) all of the above
d) all of the above
Officer Don walked up to a driver that already was pulled over to the side of the roadway and asked for his license. Is this a detention?
a) Yes
b) No
b) No
Officers appeared at what they thought was a suspect’s home and followed him inside as he retreated without obtaining his express or implied consent (CPOLS 3.26a)
a. Illegal entry based on consent
b. Legal entry based on consent
a. Illegal entry based on consent
Officer illegally stopped defendant’s car, found him to be under the influence of drugs, made a custodial arrest, then obtained consent to search the suspect’s motel room (3.26b)
a. Consent valid
b. Consent invalid
a. Consent valid
An officer can still gain a voluntary consent even after a person has asserted his Miranda rights to remain silent or his right to an attorney (CPOLS 3.31)
True / False
True
Father could consent to search of bedroom of his apartment, where his grown son had stayed for years, rent free
True / False
True
Suspects were _______ arrested inside a house where officers had reason to believe cocaine had just been delivered in a shoulder bag. The bag was discovered just inside the front door, but all the occupants/arrestees disclaimed ownership of it and any interest in it (CPOLS 3.40)
a. Properly
b. Improperly
a. Properly
Officer made a stop for speeding and then became suspicious that the vehicle might be stolen or involved in transporting drugs. After informing the driver that he was not going to issue a citation, the officer asked him to step back to the patrol car, invited him to sit inside (due to the weather), then questioned him for about 20 minutes before securing a consent to search the car, which turned up drugs. (CPOLS 4.2j)
a. Held: The 20 minute detention was not excessive
b. Held: The 20 minute detention was excessive
a. Held: The 20 minute detention was not excessive
Ofc. Shiraishi legally stops Ray and Sameer for a traffic violation, but really wants to “check their papers”. Ofc. Shiraishi has already decided that he is going to let Ray (the driver) off with a warning. What action are proper (CPOLS 4.3)
a. Order Ray out to talk about the violation
b. Order Sameer out to talk about the violation
c. Order Ray out and order Sameer to stay inside the vehicle
d. All the above are proper
d. All the above are proper
_______ probable cause to search car trunk existed where (1) two men were standing by car in high prostitution area, one examining a plastic bag, the other looking around; (2) defendant slammed trunk closed, walked away as officer approached, then refused to stop; and (3) defendant would not identify self and no longer had plastic bag in hand. (CPOLS 4.9)
a. Sufficient
b. Insufficient
b. Insufficient
Officer stops a car for a traffic offense, smells marijuana and enters the passenger compartment to search. He sees bloody panties on the floor and seizes them. Later the panties are analyzed and are the main evidence against the suspect in a brutal rape-murder. The evidence will be ___________. (CPOLS 4.14)
a. Suppressed
b. Admissible
a. Suppressed
During a lawful search of a vehicle’s passenger compartment, an officer found “a marijuana bud” in the driver’s “day planner.” Held: Discovery of even small, “personal use” amount(s) of marijuana in the passenger compartment provides probable cause to search not only that part of the vehicle, but also the _______. (CPOLS 4.14a)
a. Passenger
b. Driver
c. Trunk
c. Trunk
A uniformed officer who had validly detained a suspected methamphetamine dealer falsely told him that he had been stopped as part of a burglary investigation, then asked for permission to search the pickup truck for stolen property and “other contraband.” (CPOLS 4.14d)
a. Consent was valid
b. Consent was invalid
a. only a partial misrepresentation
- PRCS stands for (CPOLS 5.4b)
a. Pre-release community structure
b. Post release correctional supervision
c. Post release community supervision
d. Pre-release correctional sanctuary
c. Post release community supervision
- PRCS applies to the following (CPOLS 5.4b)
a. Non violent
b. Non serious
c. Non 290
d. All of the above
d. All of the above
A ______ warrant is a search warrant for a person who is arrestable, but who is temporarily inside a third party residence. (5.6f)
a. Steagald
b. Ramey
c. Jani Lane
d. kagal
a. Steagald
Officers were investigating a domestic violence call in an apartment shared by Sanders (victim) and McDaniel (suspect). Sanders had a recent cut on her cheek, and McDaniel was observed hiding something metal behind the sofa cushion; both became verbally and physically abusive toward the officers. A protective sweep of the apartment followed, and a work boot full of rock cocaine was observed in plain view in an open closet. The officers learned of McDaniel’s parole status after the protective sweep. (CPOLS 5.6h)
a. Protective sweep within lawful scope; parole search condition could not be relied upon to validate the search
b. Protective sweep outside of lawful scope; parole search condition could be relied upon to validate the search
c. Protective sweep outside of lawful scope; parole condition could not be relied upon to validate the search
d. Protective sweep within lawful scope; parole search condition could be relied upon to validate the search
c. Protective sweep outside of lawful scope; parole condition could not be relied upon to validate the search
A pretext booking search for the sole purpose of investigating is (CPOLS 5.8a)
a. Valid
b. Invalid
b. Invalid
If arresting a person for less than three (i.e., one or two) outstanding infraction warrants, an officer must allow at least ___ to make bail before booking the individual. While detained, the offender may make up to ___ completed phone calls. (CPOLS 5.8b)
a. 90 minutes, 2
b. 2 hrs, 3
c. 3 hrs, 3
d. 4 hrs, 5
c. 3 hrs, 3
Jeff is a private citizen. Ray is obsessed with Jeff’s soft yellow skin and incredible dance moves. Ray begins to call Jeff numerous times a day, at all hours, and tells Jeff how he is going to show him “how it is done in Cuba”. Jeff is slightly aroused by the calls, but finally decides they are obscene and harassing, and goes to the police to report the incident. Under California’s invasion of privacy act, what can a police officer do? (CPOLS 5.10d)
a. Ask Jeff to come to HOJ and make some pretext phone calls to Ray so the conversation can be recorded and used as evidence
b. Tell Jeff that he may record any calls that Ray makes to him, weather a police officer is there or not, and then bring them in to be listened to by officers and evaluated for evidence
c. Tell Jeff that, with the revealing clothing he wears and the way he flaunts his “geisha like” physique, he has to expect things like this to happen
d. A and/or B
d. A and/or B
During one of Officer Sood’s one week rotations in patrol, he responds to a call regarding a suspicious package that was delivered to a residence. Ofc Sood responds and finds that the package’s sender is “Mickey Mouse”, with a return address of 1234 Up Your Butt Ave, Suck It CA, 90210. Ofc. Sood correctly recognizes the sender information is clearly false and opens the package to discover a kilo of cocaine. This evidence will be ______. (CPOLS 5.18)
a. Admissible
b. Suppressed
b. Suppressed- false address does not dispose of the warrant requirement.
It is illegal to stop a vehicle if your suspicion relates to the passenger only. [CPOLS 4, I]
a. True
b. False
b. False
If a “mistake of law” is _____, the detention will be _____. [CPOLS 4, II]
a. Unlawful / illegal.
b. Reasonable / unjustified
c. Unreasonable / unjustified
d. None of the above
c. Unreasonable / unjustified
You are permitted to conduct a limited search of the driver and other occupants of a vehicle for weapons or objects that could be used as a weapon if: [CPOLS 4, II]
a. You have a feeling someone is armed.
b. You have previous knowledge of driver’s of that particular vehicle make being armed.
c. You have specific facts indicating that individual(s) may be armed and dangerous.
d. None of the above.
c. You have specific facts indicating that individual(s) may be armed and dangerous.
A search incident to a lawful arrest of either the driver or any other occupant of a vehicle requires a _____. [CPOLS 4, III]
a. Cite and release
b. Custodial arrest
c. Arrest warrant
d. None of the above
b. Custodial arrest
Which of the following is not a justification to search a vehicle? [CPOLS 4, III]
a. Reason to believe
b. Automobile Exception
c. Vehicle patdown
d. Gang enhancement
e. Safety or evidentiary interest
Bonus: What are the other four reasons?
D. Gang enhancement
Consent, Vehicle inventory, probation/parole, search of license/documents.
Officer who found an open container of beer in a vehicle had probable cause to search for more alcohol. This officer opened a woman’s compact or “snuff case” that he found on the floorboards. Was the search legal? [CPOLS 4, IV]
a. Yes, automobile exception motherfucker!
b. No, officer lacked probable cause.
c. No, alcohol cannot reasonably be located inside said items.
d. None of the above.
c. No, alcohol cannot reasonably be located inside said items.
Automobile exception searches must be contemporaneous with the arrest of interested parties. [CPOLS 4, IV]
a. True
b. False
B (Not necessary that warrantless search take place on roadside.)
A uniformed officer who had validly detained a suspected methamphetamine dealer falsely told him that he had been stopped as part of a burglary investigation, then asked for permission to search the pickup truck for stolen property and “other contraband.” Was the subsequent discovery of narcotics legal? [CPOLS 4, VII]
a. No, officer violated voluntariness of consent doctrine.
b. Yes, partial misrepresentation did not taint the scope of what was to be searched for.
b. Yes, partial misrepresentation did not taint the scope of what was to be searched for.
A female victim was kidnapped and raped inside of the defendant’s van. Upon his arrest, officers seized and impounded his van. Without a warrant, officers entered the van to conduct scientific examination three days later. Was this entry/search legal? [CPOLS 4, VIII]
a. No, officers needed an evidence search warrant – exclusionary rule enactment.
b. Yes, lawful entry/search – instrumentality exception.
b. Yes, lawful entry/search – instrumentality exception.
Which of the following is not a listed rationale for vehicle inventories? [CPOLS 4, IX]
a. Protection of owner’s property while in police custody.
b. Protection of police against claims of lost, stolen or vandalized property.
c. Safety check of DOT mandated safety requirements of all vehicles after 1986.
d. Officer Safety.
c. Safety check of DOT mandated safety requirements of all vehicles after 1986.
If a repossession agency has repossessed a vehicle, you may not examine or seize, without a warrant, inventoried items of personal property that you have reason to believe connect the suspect with the crime you are investigating. [CPOLS 4, IX]
a. True
b. False
b. False
One week after a victim was struck and killed during a hit and run, local police setup a highway checkpoint in an effort to obtain information from drivers and distribute flyers. Cars were stopped for 10-15 seconds. Suspect swerved toward one checkpoint and was detained for SFST’s. Lawful? [CPOLS 5, IV]
a. No, officers needed specific information of a criminal in order to detain.
b. No, need to work patrol because you’re “at will.”
c. Yes, checkpoints targeted specific criminal investigation.
d. Yes, eat shit and die motherfucker.
c. Yes, checkpoints targeted specific criminal investigation.
“Poofing” luggage at an airport is illegal. [CPOLS 5, V]
a. True
b. False
b. False
Are officers entitled to detain or seize an object for the purpose of dog-sniffing it? [CPOLS 5, VI]
a. No, need consent or probable cause to conduct sniff.
b. No, violation of Fourth Amendment according to plain smell doctrine.
c. Yes, must have consent.
d. Yes, must have reasonable suspicion and must be contemporaneous with detention.
d. Yes, must have reasonable suspicion and must be contemporaneous with detention.
If you intend to make an arrest inside of a residence where there is parole, PRCS and/or probation searchable status, are you required to obtain a pre-complaint “Ramey” warrant? [CPOLS 5, VII]
a. No, entering on the strength of searchable status; you may arrest.
b. Yes, violation of Fourth Amendment without probable cause supported by magistrate.
a. No, entering on the strength of searchable status; you may arrest.
If you determine that a parole, probationer or PCRS releasee is inside a third person’s home, you can use their valid searchable status to enter and arrest – only if you have probable cause. [CPOLS 5, VII]
a. True
b. False
False, (Still need a Steagald warrant, third person is only person with standing to contest.)
Tone-only paging devices and communication from tacking devices are prohibited from interception by private citizens and law enforcement agencies under federal law. [CPOLS 5, IX]
a. True
b. False
B (Both are exceptions to federal law.)
Under California law, informal applications for interception of wire or electronic communications may be made when there are “life or limb” emergency situations. However, a formal written application must be submitted by _____ of the _____ full court day after oral approval. [CPOLS 5, IX]
a. 11:59 PM / first
b. 12:00 PM / second
c. 12:00 AM / second
d. None of the above
c. 12:00 AM / second
Employees of a freight carrier opened a damaged packaged and found white, powdery substance and called the DEA. Before agents arrived, the employees packaged everything back together. When the agent arrived, he reopened the package to test the substance. Lawful? [CPOLS 5, XII]
a. No, needed a search warrant you son of a bitch.
b. Yes, no privacy interest in possessing cocaine.
b. Yes, no privacy interest in possessing cocaine.
A packaged mailed through the USPS utilizing a false return name and address is exempt from the warrant requirement. [CPOLS 5, XIII]
a. True
b. False
b. False
First-Class Fixed Gain Semen Reverend Douglas Christopher Morse, esq. boarded a disabled vessel to render medical aid. Other life bearing forms conducted administrative compliance checks of the boat and plain viewed narcotics. Legal?
a. No, boarding required permission from the Captain of stranded hull.
b. Yes, standard procedure inspection to ensure compliance with safety regulations.
b. Yes, standard procedure inspection to ensure compliance with safety regulations.
Driver was stopped for an inoperable rear window brake light. The supplemental light was required under federal safety standards, but the officer was unaware of the specific provision. The stop was..
a. Held, all evidence suppressed due to the fact that officer stopped driver for wrong statue
b. Held, officer reliance on the wrong stature does not render his actions unlawful
c. Held, evidence suppressed because good faith exception does not apply to vehicles
d. None of the above
b. Held, officer reliance on the wrong stature does not render his actions unlawful
At 1:00 a.m., officer saw a minor driving a late-model Acura without license plates or a temporary operating permit in the rear window. The officer could not see if there was a temporary permit in the front window and thus pulled the car over.
a. Stop was lawful
b. Stop was unlawful. Officer not being able to see the temporary permit is no excuse
c. Unlawful, as long as temporary permit is displayed on the vehicle, it meets the vehicle code criteria
d. Who let the dogs out?
a. Stop was lawful
Officers investigating a “grand theft person” report around midnight saw a car drive past a nearby school and blink its headlights several times. Another car, parked in the school parking lot, blinked back and then followed the first car away. (Leyba (1981) 29 Cal.3d 591, 598-600.)
a. Unlawful stop. All vehicles must have a CVC violation before being stopped
b. HELD: The officers, who were aware of school burglaries and gang activities in the area, could lawfully detain both vehicles
c. HELD, Unlawful stop. Simply being in a high crime area is not enough PC or reasonable suspicion
d. None of the above
b. HELD: The officers, who were aware of school burglaries and gang activities in the area, could lawfully detain both vehicles
Example: Robbery victim identified one of his two attackers as Valles, a gang member. At Valles’ house about two hours later, an officer watched Renteria drop Valles off. Valles seemed nervous, and he appeared to try to hide something before giving the concealed object to Renteria. Renteria was stopped when he drove away.
a. Held, stop was bad as Renteria was not one of the previously described suspects
b. Held, stop was illegal as simply putting an object in a vehicle doesn’t qualify it as illegal
c. HELD, It was legal to detain Renteria as the possible second robber, even though it was also possible that he was not involved in the crime.
d. Blah Blah Blah Blah
c. HELD, It was legal to detain Renteria as the possible second robber, even though it was also possible that he was not involved in the crime.
A California officer stopped a vehicle because its New Jersey license plates did not have current registration tags. As it turned out, none were required under New Jersey law. The vehicle stop was
a. Upheld, however, because such tags are required in California, Nevada, Arizona and Oregon, and even a reasonably well-trained officer cannot be expected to know the registration laws of every state.
b. Upheld, stop was bad because stop could not be made based on officer’s mistake of laws
c. Upheld, stop was good because people from New Jersey are filthy
d. None of the above
a. Upheld, however, because such tags are required in California, Nevada, Arizona and Oregon, and even a reasonably well-trained officer cannot be expected to know the registration laws of every state.
CHP officer stopped a car bearing only one Arizona license plate, which was in fact legal in Arizona. Vehicle Code section 5202 incorporates out-of-state vehicle requirements into California law, and Arizona unambiguously required only a single license plate on vehicles
a. Stop was good cause once in California vehicles must adhere to California Vehicle Codes.
b. Stop was good cause two plates are required in Arizona anyway
c. Held, a lawful stop could not be based on the officer’s mistake of law
d. None of the above.
c. Held, a lawful stop could not be based on the officer’s mistake of law
In all cases, you have the right to order the driver to get out of a vehicle during traffic stops.
a. True
b. False
a. True
In all cases, you have the right to order passengers to get the fuck out of vehicles during a traffic stop
a. True
b. False
b. False
Officers are allowed to conduct a limited search of a vehicle for ID, driver’s license, and registration papers. The search must be conducted…
a. After the issuance of a citation
b. Whenever the officer feels like it
c. While the passengers are still inside the vehicle
d. Before you issue the citation
d. Before you issue the citation
Limited search for weapons inside a vehicle during a traffic stop are permitted even when a driver/passenger is not on parole, probation, or unlicensed.
a. True
b. False
a. True
An officer encountered two men in a car parked in a dark area behind a 24-hour market. Upon recognizing one of them as a recent arrestee for possession of drugs and a dangerous weapon, the officer became alarmed for his safety
a. Under the circumstances, his alarm justified a limited search of the passenger compartment
b. Under the circumstances, his alarm did not justified a limited search of the passenger compartment
a. Under the circumstances, his alarm justified a limited search of the passenger compartment
Thornton tried to avoid driving next to a uniformed officer in an unmarked car. The officer pulled onto a side street and ran a check on the registration tags of Thornton’s car, which came back as issued to a different vehicle. Before the officer caught up with him, Thornton had parked and was walking away from his car. Thornton was arrested outside and away from his vehicle and his vehicle was searched.
a. Held, evidence found inside was suppressed cause officer didn’t see him leave or drop anything inside the vehicle
b. Held, evidence found inside suppressed cause there was no exigency, officer could have gotten a warrant
c. Held, search was valid
d. None of the above
c. Held, search was valid
You find a bindle of cocaine on a subject during a traffic stop, can you search the trunk for contraband? (Page 4.9)
a. Yes
b. No
a. Yes
(1) two men were standing by car in high prostitution area, one examining a plastic bag, the other looking around; (2) defendant slammed trunk closed, walked away as officer approached, then refused to stop; and (3) defendant would not identify self and no longer had plastic bag in hand. Based on the above, could the officer search the vehicle’s trunk?
a. Yes, based on officers training and experience and the known location, search was good
b. Yes, officer had reasonable suspicion which turned into PC when the subject attempted to flee and not ID himself.
c. No, because the officer did not see or identify the contents of the bag, it was “innocent” and not sufficiently tied into suspected criminal activity
d. None of the above
c. No, because the officer did not see or identify the contents of the bag, it was “innocent” and not sufficiently tied into suspected criminal activity
When is a motor-home considered a residence and therefore not subject to the vehicle exception rule?
a. When it is mobile on a daily basis but used for sleep each night
b. When it is being used during a family vacation
c. Parked in a residential driveway and hooked up by extension cord to the electricity in the house
d. On a campground hooked up to outside facilities
d. On a campground hooked up to outside facilities
Consent to search that is the product of an illegal arrest or detention is never voluntary. (4.14c)
a. True
b. False
a. True
Officer asked for permission to conduct a “real quick” “check” of defendant’s car. After an intensive 15-mintue search, the officer unscrewed the panel off the back of a record cleaning machine found in the trunk.
a. Held, valid search and within the scope of consent
b. Held, valid search if he had said he was checking for drugs
c. Held, search exceeded the scope of the defendant’s consent
d. Both B and C
C, this was a trick question. In the example it said if officer said he was going to look for drugs the search would have been good.
The narcotics team wanted Torres stopped on a traffic offense, and deputies stopped him for failing to signal a turn. Upon determining that Torres was an unlicensed driver, they impounded his truck. The lead deputy testified that he was “basically using the inventory search as the means to go look for whatever narcotics-related evidence might be in” the truck. That was also his reason for deciding to impound the truck after a traffic stop.
a. Held, court suppressed the meth and all other contraband because he did not establish community caretaking function
b. Held, didn’t matter officer subjective reasoning. There was a legal statue for the tow
c. Held, illegal search because it was a wall-stop
d. Held, search good cause driver was 12500.
a. Held, court suppressed the meth and all other contraband because he did not establish community care-taking function
A Florida Highway Patrol trooper stopped Wells for speeding, then arrested him for DUI and took him into custody. During a subsequent inventory of the impounded car, a locked suitcase in the vehicle’s trunk was forced open, revealing a garbage bag full of marijuana.
a. Held, officer could search cause evidence of DUI could be in suitcase
b. Held, vehicle inventory allowed for the search of the suitcase
c. Held, search of suitcase illegal because ht patrol officer had no policy concerning what types of containers should be opened.
d. I don’t know
c. Held, search of suitcase illegal because ht patrol officer had no policy concerning what types of containers should be opened.
Miami-Dade police used a drug-sniffing dog on Jardines’ front porch after receiving an unverified tip that marijuana was being grown inside the residence. Officers applied for a search warrant based on the dog’s “alert” as to the presence of narcotics.
A. Held, use of dog allowed as he was in a place he lawfully was allowed
B. Held, the use of a trained police dog to investigate a home inside the curtilage is a “search,” which was not authorized in this case.
C. Held, legal sniff because a dog sniff is not a search
D. Whatever
B. Held, the use of a trained police dog to investigate a home inside the curtilage is a “search,” which was not authorized in this case.
When can you NOT search a parolee’s residence?
a. When he is in custody on a 3056 hold
b. When he is not home
c. When his is PAL
d. When his parolee has formally been revoked
d. When his parolee has formally been revoked
Evidence obtained against Robles during a warrantless search of his garage was suppressed and inadmissible despite the fact that, unknown to the searching officers, Robles’ brother, who lived at the same residence, was on searchable probation. The officers were not aware of the brother’s probationary status at the time they conducted the search.
a. True
b. False
c. Both A and B
d. I really hope the government shut down doesn’t last much longer
a. True
Florence was stopped for a traffic violation and arrested on an outstanding bench warrant (which had been cleared but erroneously remained in the statewide computer database). Before being admitted into the general jail population, he was processed at the jail and subjected to a strip search that did not involve any touching but did include a close visual body inspection that required him to lift his genitals and squat and cough while naked. Florence sought § 1983 damages, contending that his arrest on a minor offense could not be grounds for a jail strip search.
a. HELD, The strip search was illegal as he wasn’t in jail for valid reasons
b. HELD: The close visual strip search did not violate the Fourth Amendment. It was Florence’s admission to the general jail population and his close contact with other detainees–not his arrest on the minor offense–that justified the correctional facility’s need to maintain a safe jail environment
b. HELD: The close visual strip search did not violate the Fourth Amendment. It was Florence’s admission to the general jail population and his close contact with other detainees–not his arrest on the minor offense–that justified the correctional facility’s need to maintain a safe jail environment
The secretly tape-recorded conversation of two males who had been arrested and placed in a police car was not admissible in court, even though they were put in the vehicle with the specific hope that they would make incriminating statements and one of them had already invoked hi Miranda rights. (5.12)
a. True
b. False
a. True
Two suspects arrested on suspicion of burglary were awaiting arraignment. One invoked his right to silence, but the other said he wanted to talk to the first one. The officer permitted the meeting, which was secretly tape-recorded, but led the suspects to believe it would be a private conversation between just the two of them.
a. Legal recording
b. Illegal recording
b. Illegal recording
Example: The secretly tape-recorded conversation of two males who had been arrested and placed in a police car was (?) in court, even though (1) they were put in the vehicle with the specific hope that they would make incriminating statements and (2) one of them had already invoked his Miranda rights. (Lucero (1987) 190 Cal.App.3d 1065; Seaton (1983) 146 Cal.App.3d 67.)
A admissible
B inadmissible
A admissible
