Exigent Circumstances

Question 1

What does the word exigent mean

Answer 1

The situation calls for immediate action

Question 2

Two reasons support allowing the police to dispense with the warrant requirement under the motor vehicle exception

Answer 2

1)Mobility of the vehicle

2)reduced expectation of privacy

Question 3

The motor vehicle exception applies to motor vehicle as well as _______ and _____

Answer 3

airplanes and boats

Question 4

The motor vehicle exception applies when police have (2)

Answer 4

Probable cause and
Public area

Question 5

What is one of the conditions that must exist for the motor vehicle exception to apply

Answer 5

The vehicle is lawfully stopped

Question 6

The description of stolen stereo equipment is a ___________ description of items to be sought in a warrantless motor vehicle search because ……

Answer 6

Sufficient

General probable cause based on a spontaneous report justifies a vehicle search in public

(Stolen stereo equipment would be way to vague for probable cause in a warrant affidavit)

Question 7

Officers may have ______ _____ prior to stopping a motor vehicle and using the exception to search the motor vehicle

Answer 7

probable cause
(Officers had probable cause from two sources that the defendant had a gun in his possession. He was pulled over and frisked but no gun was located. This gave them probable cause to believe the gun was in the car)

Question 8

A trooper searches a woman outside of her vehicle and finds a on marijuana cigarette in her pocket. Would this woman’s marijuana possession justify a search of her car in this situation

Answer 8

No because the marijuana cigarette does not justify searching the car, absent other evidence

Question 9

In Comm v. Eggleston the SJC created an additional requirement concerning the motor vehicle exception. What is it ?

Answer 9

There must be no unreasonable delay in executing the search

Question 10

Any Delay of a motor vehicle stop with pre stop probable cause will be highly scrutinized. What is one of the reasons the court will allow a delay instead of just getting a search warrant

Answer 10

Police want additional corroboration
(Example: allowing their suspect to meet an accomplice)

Question 11

A 6 hour gap between an armed robbery and the stop of the suspect vehicle does not ______ probable cause to search

Answer 11

negate
(It was really unlikely that 6 hours later someone new was driving the car from the car stop)

Question 12

On a driveway search the SJC allowed evidence in a motor vehicle with flat tires and a blown engine under the theory that the ______ or other members of the public might have quick access to the evidence in the car

Answer 12

perpetrators

Question 13

Officers should complete their search within ____ hours or get a warrant

Answer 13

2

Question 14

If probable cause justifies the search of a lawfully stopped vehicle, the scope of the search is

Answer 14

Anywhere in the vehicle where the objects of the search might be, including closed or locked containers

Question 15

If an officers has plenty of time to obtain a search warrant, say 6 hours, can you still stop that car on a public street and search it without a warrant?

Answer 15

No
(the requirement is for police to obtain a warrant in cases where they clearly have enough time. There is no investigative reason for police not to obtain the warrant)

Question 16

When conducting a search under the motor vehicle exception what areas can be searched

Answer 16

All areas may be searched if the nature of the probable cause supports it

Question 17

What is the law for motor vehicle exceptions under California v. Acevedo

Answer 17

If police have probable cause focused on a container, within a car, they may conduct a warrantless search of that container under the motor vehicle exception

Question 18

When police have probable cause to search a vehicle, they may also inspect the passengers belongings found in the vehicle, provided that the possessions being searched may conceal the object for which the police have probable cause. There need be no probable cause to believe that the passenger is guilty of any wrongdoing. The passengers mere _________ in the vehicle is enough

Answer 18

presence

Question 19

What is an exigent circumstance is still present and therefore a warrant will not be required for a further search of a home

Answer 19

Evidence could be

Question 20

An officer may enter a home while in ______ ______ of a person who has committed a felony

Answer 20

hot pursuit

Question 21

Because misdemeanors may be quite minor, an officer must evaluate whether entering a residence in hot pursuit of a misdemeanor suspect is constitutionally permissible. If an officer believes the following three things are true they should NOT enter a home in hot pursuit

Answer 21

1)Suspect is in their own home

2)Will not destroy evidence

3) Posses no risk of violence

Question 22

Police are sometimes required to knock and announce their presence before entering a residence based on hot pursuit. What would be a reason to announce during hot pursuit ?

Answer 22

The presence of other occupants may require warning before entry.

Question 22

An Officer finds an open door while patrolling at night. He knocks and announces to no answer. When he enters the home he finds the owner moving a couch outside and needed the door left of open. Was the Officer acting properly

Answer 22

Yes because the officer was authorized to enter a home that was the potential crime scene

Question 22

Name 5 misdemeanors that would not give an officer a right to enter a home in hot pursuit because they carry no possibility of imprisonment.

Answer 22

1) Unlicensed operation

2)Failure to Stop for police

3)Use of a badge without authority

4)Littering

5)Disorderly conduct

Question 23

When may police be required to knock and announce when entering a residence based on hot pursuit

Answer 23

The presence of other occupants may require warning before entry

Question 24

An Officer sees a wide open door and knocks and announces himself. After a minute he enters the home. He finds the owner in the basement preparing to move out furniture, that was why the door was open. Was the Officer justified ?

Answer 24

Yes, because the officer was authorized to enter a home that was a potential crime scene

Question 25

The safety risks and potential destruction of evidence justify police entry to deal with an unsupervised party or one where an adult is illegally providing _______ or ______

Answer 25

Alcohol or marijuana

Question 26

The _____ ________ rule authorizes a warrantless entry when a police officer has ________ ______ that emergency assistance is needed to prevent physical harm, protect life or provide assistance to someone injured

Answer 26

emergency aid
reasonable suspicion

Question 27

Officers dispatched to a silent 911 call should attempt to gain entry in a normal manner by knocking or ringing the bell. When confronted with no answer the recommended approach is (5)

Answer 27

1) Check with dispatched about past problems

2) walk around the perimeter

3)Try to get information from neighbors

4)consult with supervisor whether to force entry

5)use the least intrusive method to enter the home

Question 28

The smell of drug fumes emanating from an apartment is not ________ evidence for emergency entry for emergency aid purposes

Answer 28

Sufficient
( Officers need more then just smell, such as another person is injured or in danger in the home or the occupant hasnt been seen and there is a concern for their health)

Question 29

When checking for the cause of a possible arson Officers must go with Fire fighters as long as the Fire Dept is still on scene and ________ with the fire

Answer 29

Engaged
(In a Michigan case, Officers waited until 6 hours after a fire was already out and all fire trucks had left the scene. At that point not exigency remains and an administrative warrant should be gotten)

Question 30

148/2 allows an administrative warrant to be obtained for a fire damaged building upon showing (2)

Answer 30

1) A fire of undetermined origin occurred on the premises

2) A search will be conducted at a reasonable time

Question 31

List the 8 factors that determine whether the police have exigent circumstances that justify entering a home or other private building without a search and/or arrest warrant

Answer 31

1)Felony and Present

2)Violence

3)Armed

4)dangerous to delay

5)awareness of police

6)destruction of evidence

7)Nighttime

8)Escape

Question 32

What does VADE Stand for when it comes to exigent circumstances to justify entering into a home without a warrant

Answer 32

Violence
Awareness of police
Destruction of Evidence
Escape

Question 33

Not every factor from VADE needs to be present to create an _________ ________ justifying warrantless entry for search and/or search

Answer 33

exigent circumstances