Exam 4

Question 1

Who issues search warrants?

Answer 1

-Superior Court Judge
-District Court Judge
-Superior Court Clerk Magistrate
-District Court Clerk Magistrate

Question 2

3 Major Motor Vehicle Searches

Answer 2

1. Motor Vehicle Search Incident to Lawful Arrest
   (weapons, means for escape, evidence of the crime for which the person is being arrested for”
2. Motor Vehicle Inventory Search
   (Scope “passenger compartment, trunk, open/closed containers”)
3. Motor Vehicle Exception Search
   (Scope and Intensity = ENTIRE vehicle)

Question 3

Area to be searched

Answer 3

Scope

Question 4

Where you may search within the scope

Answer 4

Intensity

Question 5

Area around the dwelling that a person has a reasonable expectation of privacy

I.e if trash barrel is out on the curb for pick up, do NOT need search warrant

Answer 5

Curtilage

Question 6

5 Categories of Seizable Evidence

Answer 6

• Contraband (drugs)
• Instrumentalities (weapons)
• Fruits (Jewelry)
• Person with a Warrant
• Dead Human Body

Question 7

__________ are limited, warrant less searches to conduct a cursory check of a person for people only, not evidence.

Answer 7

Protective Sweep

Question 8

Motor Vehicle Search Incident to Arrest

Answer 8

-Weapons
-Need for escape
-Evidence of the crime for which the person is being arrested for

Question 9

Motor Vehicle Inventory Search

Answer 9

-Lawful custody of the motor vehicle
-Written department guidelines

Question 10

Motor Vehicle Exception Search

Answer 10

-Probable cause
-Public way
Scope and Intensity=ENTIRE Vehicle

Question 11

After a search warrant is issued how long do you have to conduct the search?

Answer 11

7 days

Question 12

Who can issue a warrant?

Answer 12

Judge or clerk of court

Question 13

What do you need to search the curtilage of a dwelling?

Answer 13

Search warrant or Probable cause

Question 14

To execute a search warrant, you must _________ and ___________.

Answer 14

Knock and announce and have a warrant in hand

Question 15

What do you need for a no-knock warrant

Answer 15

Prior Judicial Authorization

Question 16

What is the time for a nighttime search warrant

Answer 16

10pm-6am

Question 17

Once the item on the search warrant is discovered…

Answer 17

The search ends.

Question 18

Exceptions to warrantless arrest in private dwelling:

Answer 18

Fresh & continuous pursuit (chasing suspect and investigation continues)

Exigent Circumstances (like someone screaming for help)