CPOLS chapters 6-7 and 13-14 Weeks 8-9 Flashcards
Searches pursuant to a search warrant are presumed lawful. (Chap. 6, II, B)
a) True
b) False
a) True
An ATF agent prepared an application for a warrant to search a Montana ranch for explosives and weapons detailed in the affidavit. The list of items was not incorporated into the warrant by reference and the description of the property to be seized was inadvertently omitted on the face of the warrant. The magistrate signed the warrant despite this patent error. (Chap. 6, II, C)
a) The Leon good faith exception did apply to a plainly invalid warrant that omitted a description of the items to be seized.
b) The Leon good faith exception did not apply to a plainly invalid warrant that omitted a description of the items to be seized.
c) The Leon good faith exception did apply to a plainly valid warrant that even though it omitted a description of the items to be seized.
d) none of the above
b) The Leon good faith exception did not apply to a plainly invalid warrant that omitted a description of the items to be seized.
Leon is often a single-use antidote when an area of law is not yet resolved in any published decision. The court may apply the Leon good faith exception in a given case but pronounce that officers __________________ would be charged with knowledge of a change/clarification of law. (Pressey (2002) 102 Cal.App.4th 1178, 1191.). (Chap. 6, II, C)
a) In all cases
b) in all past cases
c) in all future cases
d) none of the above
c) in all future cases
An affidavit must be in written form. (Chap. 6, V, B)
a) True
b) False
b) False
In the search warrant context, “probable cause” means, enough credible information to reasonably provide a “______________” that the object you seek will be found at the place you want to search.. (Chap 6, VII, A)
a) reasonable suspicion
b) prof beyond reasonable doubt
c) fair probability
d) guess
c) fair probability
If a search warrant for marijuana is issued based on valid probable cause, officers are required to abandon their search based on an alleged “defense” to possession for medicinal purposes. (Chap 6, VII, 1, B)
a) true
b) false
b) false
Certain health and safety codes preclude the __________ of a patient or caregiver in possession of specified quantities of marijuana upon proof of a valid identification card (Chap 6, VII, 1, B)
a) arrest
b) search
c) release
d) detention
a) arrest
Police officers are considered reliable informants because of their occupation. A police dispatcher is included as a reliable informant because they are law enforcement personnel. (Chap 6, VIII, C, 1, a)
a) true
b) false
a) true
If an informant cannot be shown credible or his information reliable upon any of the foregoing tests, he may be brought before the magistrate to swear under oath that he is telling the truth. (Chap 6, VIII,2, e)
a) true
b) false
a) true
In order to prove that information in an affidavit is not stale, officers are required to include: (Chap 6, IX)
a) pictures
b) justification that the materials sought were once on the premise
c) justification that the materials sought could have been on the premise
d) justification that the materials sought are still on the premise
d) justification that the materials sought are still on the premise
Without a night service endorsement a search warrant shall be served only between the hours of __________________ (Chap 6, XIV).
a) 8 a.m. and 4 p.m
b) 7 a.m. and 10 p.m
c) 7 a.m. and 9 p.m
d) 7 a.m. and 12 p.m
b) 7 a.m. and 10 p.m
Everyone in Miranda custody who is about to be interrogated is entitled to Miranda advisements, regardless of his “experience” or profession. (Chap 7,III).
a) true
b) false
a) true
When determining if a reasonable person would perceive a suspect is in custody for the purposes of Miranda the court will consider which of the following. (Chap 7,III).
a) the location
b) the length of the interrogation
c) whether indicia of an arrest was present
d) all of the above
d) all of the above
If an interrogation takes place at a police station Miranda is always required. (Chap 7,III, A).
a) true
b) false
b) false, only if the person feels like they are not free to leave
Never tell a suspect that you are not going to arrest him. This could be viewed as a promise of leniency making the statement “involuntary.” (Chap 7,III, A, 2).
a) true
b) false
a) true
For the purpose of Miranda, detention is the same as custody. (Chap 7,III, A, 5).
a) true
b) false
b) false
The emergency –rescue or public safety exception applies to Miranda, when your non-coercive questions are reasonably prompted by a concern for: (Chap 7,III, I).
a) your own safety or the safety of another person
b) the suspect
c) the public at large
d) all of the above
d) all of the above
If officers document a witness refusal to cooperate it can be used to impeach the witness if he tries to testify for the defendant at trial. (Chap 7,VII, A I).
a) true
b) false
a) true
A witnesses statement must be ______________ to be admissible. (Chap 7,VII, C).
a) recorded
b) witnesses
c) voluntary
d) all of the above
c) voluntary
Miranda only applies if the suspect knows he is talking to a police officer or a police agent. (Chap 7, X).
a) true
b) false
a) true
Officers executed a search warrant for deadly weapons and evidence of gang membership related to a recent shooting by a known gang member who lived at the residence. The officers handcuffed all four occupants, moved them to the converted garage, and kept them handcuffed for the two to three hours required to conduct a broad search of the residence. CPOLS 6 XVII E
a) HELD: The continued use of handcuffs during the occupants’ detention was reasonable.
b) HELD: The continued use of handcuffs during the occupants’ detention was un-reasonable.
c) HELD: The continued use of handcuffs during the occupants’ detention was un-reasonable
but the court upheld due to officer safety.
a) HELD: The continued use of handcuffs during the occupants’ detention was reasonable.
Example: Two men walked out of a residence that was under surveillance in preparation for serving a search warrant. They got into a car parked in the driveway and left the area. Detectives watching the house followed them for five minutes before stopping a car and pat-searching both men. CPOLS 6 XVII E
a) HELD: The detention was authorized under Summers.
b) HELD: The detention was not authorized under Summers.
b) HELD: The detention was not authorized under Summers.
Example: Officers from another police agency accompanied Los Altos police in the execution of a search warrant. The Los Altos officers obtained the warrant to search for evidence relating to a local burglary. The other agency hoped to find evidence connected to an unrelated homicide in their jurisdiction. Defendant alleged that the search for evidence related to the murder exceeded the scope of the warrant.
a) HELD: The search was valid.
b) HELD: The search was invalid.
A. That officers may hope to find evidence not listed in the warrant is irrelevant under the Fourth Amendment. Officers from both police agencies observed evidence relating to the murder in plain view, and they did not exceed the scope of the warrant because of what they hoped to find. (Carrington (2009) 47 Cal.4th 145, 168.)
Example: You question someone thinking he is just a witness, without giving Miranda warnings. Gradually, however, because of the answers he gives, you conclude he probably committed the crime and you plan to arrest him at some point. Can you can continue to ask more questions without giving Miranda advisements? Miranda
a) Yes
b) No
4 A Yes, As long as there was no “custody” at the start of the questioning and nothing changed, objectively, regarding the degree of restraint on the suspect
Can you tell a suspect that you are not going to arrest him prior or during an interrogation? Miranda
a) Yes, as long as you are uncertain of his/her disposition during the interview
b) No, This could be viewed as a promise of leniency making the statement “involuntary” and therefore inadmissible
b) No, This could be viewed as a promise of leniency making the statement “involuntary” and therefore inadmissible
Example: While transporting an arrestee to the station, one officer commented to the other, “There’s a lot of handicapped children running around in this area, and God forbid one of them might find a weapon with shells and they might hurt themselves.” The arrestee then offered to show the officers where the shotgun was located. Was this a functional equivalent of interrogation? Statements-Interrogation
a) Yes
b) No
b) No
The words “Can and Will” are required in the Miranda warning.
a) True
b) False
b) False
A suspect going through a heroin withdraw can voluntarily waive his Miranda rights.
a) True
b) False
a) True
Although each case will be decided on its own facts, you are likely safe that any subsequent questioning within at least (__) hours after the initial questioning will be considered “reasonably contemporaneous” and not require a re-advisement.
a) 8
b) 12
c) 16
d) 24
d) 24
Example: Roberson was arrested, given his rights, and refused to talk, stating that he wanted to see an attorney. Three days later, another officer, who knew nothing about the first advisement, visited Roberson, who was still in pretrial custody, gave him his Miranda rights, questioned him about an offense totally unrelated to the one he had been arrested for, and obtained incriminating statements. The Supreme Court held that the statements were (__________).
a) Admissible
b) Inadmissible
b) Inadmissible
Example: When an officer gave a jailed suspect Miranda warnings, the suspect indicated he wanted to talk to an attorney. An attorney visited the suspect over the weekend. On Monday the police came back, re-initiated contact, obtained a waiver, and got a confession. The U.S. Supreme Court held that it was:
a) improper for the police to re-initiate questioning once the suspect had invoked his Miranda right to counsel.
b) proper for the police to re-initiate questioning once the suspect had invoked his Miranda right to counsel.
a) improper for the police to re-initiate questioning once the suspect had invoked his Miranda right to counsel.
Example: The suspect (a deputy sheriff) invoked both his right to silence and his right to counsel. A little later, after he met with his co-defendant who had confessed, the suspect was asked “if he wanted to talk about anything.” He said yes, he was re-advised of his rights, and he confessed.
a) HELD: The confession was inadmissible because it was obtained in violation of Miranda.
b) HELD: The confession was admissible because Miranda was obtained even after he invoked previously.
a) HELD: The confession was inadmissible because it was obtained in violation of Miranda.
Unless there is a really good reason to do otherwise, you should always wait at least (__) days to contact a suspect who previously invoked his right to counsel.
a) 10
b) 12
c) 14
d) 16
c) 14
During custody you have an obligation to advise a minor that he has a right to contact his parents (or other adult) or to have them present during questioning.
a) True
b) False - because no such right exists under state or federal Miranda law.
b) False - because no such right exists under state or federal Miranda law.
Can a parent or guardian invoke a minors Miranda rights?
a) Yes
b) No
b) No
federal law permits you to secretly record, and admit into evidence, any conversation that takes place at a police station or in a jailhouse between a minor and an adult who is not his attorney.
a) True
b) False
a) True
Example: Without first giving Miranda advisements, an officer asked a suspect who had been detained and handcuffed (and was therefore in Miranda “custody”) whether she had any narcotics on her person. She said “yes” and pulled out some cocaine.
a) HELD: Although her verbal response was inadmissible because it was obtained in violation of Miranda, the cocaine itself was not “tainted” by virtue of the officer’s non-coercive Miranda violation and was admissible at trial.
b) HELD: Her verbal response was not inadmissible because it was obtained in investigative questioning, and the cocaine was not “tainted” by virtue of the officer’s questioning making it admissible at trial.
a) HELD: Although her verbal response was inadmissible because it was obtained in violation of Miranda, the cocaine itself was not “tainted” by virtue of the officer’s non-coercive Miranda violation and was admissible at trial.
(Right to counsel)Example: Following a grand jury indictment, officers went to Fellers’ home to serve an arrest warrant and “discuss his involvement in methamphetamine distribution.” Fellers made a series of incriminating statements before and after he was arrested.
a) HELD: The officers violated Fellers’ Sixth Amendment rights by deliberately eliciting statements outside the presence of counsel after Fellers had been indicted.
b) HELD: The officers did not violate Fellers’ Sixth Amendment rights by eliciting statements outside the presence of counsel after Fellers had been indicted.
a) HELD: The officers violated Fellers’ Sixth Amendment rights by deliberately eliciting statements outside the presence of counsel after Fellers had been indicted.
(Forcible Entry) Note: The California Supreme Court has upheld the use of “flashbangs” (pyrotechnic explosive devices) to execute a search warrant on a so-called “rock house” (a specially fortified residential dwelling in which crystallized “rock” cocaine is made and sold).
a) True
b) False
a) True
(Forcible Entry) Note: The California Supreme Court has upheld the use of “ motorized battering rams “ to execute a search warrant on a so-called “rock house” (a specially fortified residential dwelling in which crystallized “rock” cocaine is made and sold)
a) True, deemed reasonable force.
b) False, prior judicial approval is required for the use of motorized battering rams.
b) False, prior judicial approval is required for the use of motorized battering rams.
It is not permissible for a magistrate of one county to issue a warrant to search a place located in another county. [CPOLS 6, IV]
a. True
b. False
b. False
Regarding PC in a search warrant, ______ means enough credible information to reasonably provide a(n) ______ that the object you seek will be found at the place you want to seach. [CPOLS 6, VII]
a. Reasonable suspicion / justification
b. Probable cause / fair probability
c. Justification / entry
d. None of the above
b. Probable cause / fair probability
An accomplice to a crime who has been caught, charged, and decides to cooperate with police cannot be give reliable information. [CPOLS 6, C, 2]
a. True
b. False
b. False
The bright line for defining staleness is: [CPOLS 6, IX]
a. 5 days
b. 10 days
c. 30 days
d. None, affidavit should show reasonable that material sought still on premises.
D (As long as you can show recent factual info still ongoing.)
Justification for nighttime service of a search warrant is mandated by law. [CPOLS 6, XIV]
a. True
b. False
b. False, good idea, but not required by law
Informants may be confidential and used in search warrants if: [CPOLS 6, XV]
a. State Pacheco v. Arizona
b. State how many cases the informant has provided information for.
c. State why you need to keep identity confidential.
d. All of the above
c. State why you need to keep identity confidential.
According to 1534 PC, a tracking device search warrant may be extended past its originally designated length of time (not to exceed 30 days), to another reasonable length of time – not to exceed ______. [CPOLS 6, XVII, A, 3]
a. 15 days
b. 20 days
c. 25 days
d. None of the above
D (30 days.)
According to the Fourth Amendment, failure to produce a copy of a valid search warrant to the affected party could result in the suppression of evidence. [CPOLS 6, D]
a. True
b. False
B (Not required under the Fourth Amendment.)
During lawful search warrant, may officers seize contraband not included in the warrant? [CPOLS 6, F, 1]
a. No, magistrate determines what articles may be seized.
b. No, officers cannot deviate from items contained in warrant.
c. Yes, officers do not have to blind themselves.
d. None of the above.
c. Yes, officers do not have to blind themselves. (Officers must be able to establish rational link to what criminal behavior items is linked to.)
Are victims of crimes allowed to participate in the service of a search warrant? [CPOLS 6, F, 2]
a. No, not duly sworn as peace officer.
b. Yes, just be sure not to use this procedure in place of listing property.
c. Sort of, only if they are duly sworn peace officers – reserve officers ok.
d. None of the above.
b. Yes, just be sure not to use this procedure in place of listing property.
Which of the following is not an alternative method preparing affidavits or search warrants? [CPOLS 6, XVIII]
a. Oral affidavits
b. Telephonic Oaths and Remote Affidavits
c. Facsimile Deterrent Remote Affidavits
d. Telephonic Search Warrants
c. Facsimile Deterrent Remote Affidavits
According to 121060.1 HS, which of the following is not considered “bodily fluids?” [CPOLS 6, XIX]
a. Blood
b. Tissue
c. Mucous containing blood
d. Semen!
e. Vaginal secretions
f. Sweat
g. All are considered “bodily fluids”
g. All are considered “bodily fluids”
The Fifth Amendment is broken when an officer asks a suspect their name, after the suspect has invoked their Fifth Amendment right. [CPOLS 7, III]
a. True
b. False
B (Does not apply when suspect asked for identification, only custodial interrogation.)
Do you have to provide Miranda advisements when you determine the person you are speaking to is the suspect or perpetrator? [CPOLS 7, III, A]
a. No, courts identify that the officer’s subjective view does not determine custody for purposes of Miranda.
b. Yes, custodial interrogation – the officer’s subjective view does not matter.
a. No, courts identify that the officer’s subjective view does not determine custody for purposes of Miranda.
“Interrogation” is considered which of the following? [CPOLS 7, III, B, 1]
a. Any indirect or implied questioning about crime being investigated.
b. Any direct or express questioning about crime being investigated.
c. The “functional equivalent” of direct questioning that elicits an incriminating response.
d. Both A and B
e. Both A and C
f. All of the above
f. All of the above
If someone enters a police station and advises that they wish to confess, are you obligated to provide Miranda warnings or to prevent them from volunteering any statements? [CPOLS 7, D, 3, a]
a. No, voluntary statements are not subject to Miranda warning.
b. Yes, confessions are included in interrogation of suspects.
a. No, voluntary statements are not subject to Miranda warning.
For Miranda warnings to be valid, they must be: [CPOLS 7, D, 3, a]
a. Volunteered, knowing and smart.
b. Voluntary, knowledgeable and intellect.
c. Voluntary, knowing and intelligent.
d. None of the above
c. Voluntary, knowing and intelligent.
As a result of a police chase, suspect was shot in the arm and thigh (non life-threatening), transported to ER where he underwent an hour worth of treatment and injection of morphine. Transporting officer obtained written Miranda waiver and subsequent incriminating statement. Valid Waiver? [CPOLS 7, D, 3, b]
a. No, under the influence of a narcotic deems waiver impotent.
b. Yes, suspect could even be “somewhat high” on PCP and give a valid waiver.
b. Yes, suspect could even be “somewhat high” on PCP and give a valid waiver.
According to 825 PC, which of the following must be met before you may allow an attorney to visit a suspect? [CPOLS 7, D, b, 4]
a. Suspect has been arrested.
b. Person asking to visit is currently licensed to practice law.
c. Lawyer personally shows up at station where suspect is.
d. Lawyer has been requested by arrestee or relative of arrestee.
e. All of the above.
e. All of the above.
Which of the following is an unambiguous invocation of the Miranda warning of right to silence? [CPOLS 7, III, E, 1]
a. Remained largely silent during interview by offering, “Yes,” “No” and “I don’t know.”
b. “I think it’s about time for me to stop talking.”
c. “I don’t know what you, I don’t want to talk about this.”
d. “That’s all I got to say.”
e. “I plead the Fifth.”
e. “I plead the Fifth.”
Which of the following is an unambiguous invocation of the Miranda warning of right to counsel? [CPOLS 7, III, E, 2]
a. “Maybe I should talk to a lawyer.”
b. “I think I would like to talk to a lawyer.”
c. “..if for anything you guys are going to charge me I want to talk to a public defender..”
d. “I do not want to talk to you without my attorney present. Cease talking to me until my lawyer has arrived, muffucka!”
d. “I do not want to talk to you without my attorney present. Cease talking to me until my lawyer has arrived.
Statements obtained under the “public safety” exception are not admissible due to the lack of Miranda warnings. [CPOLS 7, III, 5, a]
a. True
b. False
b. False
Which of the following instances may you re-initiate interrogation with a suspect who has invoked their Miranda right to counsel? [CPOLS 7, III, F, b]
a. Has consulted with an attorney.
b. Officers from a different jurisdiction.
c. Want to question about a different, unrelated case.
d. Suspect initiates contact or 14-day break in interrogative custody.
e. Officers are unaware that suspect has asserted their right to counsel.
d. Suspect initiates contact or 14-day break in interrogative custody.
Which of the following instances may you re-initiate interrogation with a suspect who has invoked their Miranda right to silence? [CPOLS 7, III, F, b]
a. There is a re-advisement rights and valid waiver.
b. Substantial time has passed since original invocation.
c. Questioning concerns different or other crime.
d. All of the above.
d. All of the above.
Items seized during the execution of a valid warrant that is later determined to be invalid would be considered “fruits of the poisonous tree” and not admissible in court.
a. True
b. False
b. False
When is an officer allowed to re-contact a suspect if they have asserted the right to counsel
a. Never
b. Suspects initiates the contact
c. 14 day break
d. B and C
e. Like I said before, never!
d. B and C