GO 100.91 Search and Seizure Policy Flashcards
“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 probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The above sentence is best defined by which Amendment to the U.S. Constitution?
A. 4th Amendment
B. 2nd Amendment
C. 14th Amendment
D. 10th Amendment
4th Amendment
What exists when there are enough facts, training, knowledge, etc., (totality of information) to provide a fair probability that the object being sought will be found in the location to be searched; it is enough information to lead an ordinary, intelligent person, with similar training and experience, to arrive at the same conclusion.
A. Probable Cause
B. Reasonable Cause
C. Reasonable Suspicion
D. Both A and B
Both A and B
In order for a consent search to be lawful, which of the following requirements are NOT REQUIRED to be met:
A. Consent must be granted freely and voluntarily.
B The officer asking for consent must speak the same language as the individual granting consent.
C. The person granting consent must have standing over the items to be searched.
D. The scope or limitation of the search must be defined and cannot be exceeded by the officer.
E. The person granting consent has the right and the ability to withdraw consent at any time.
The officer asking for consent must speak the same language as the individual granting consent.
Uniformed employees ________ NOT request consent from an individual absent reasonable suspicion or probable cause. This does not preclude an officer from requesting consent when circumstances establish a threat to officer safety.
A. Should
B. Shall
C. May
D. None of the above
Shall
This is defined as the belief that (1) something related to a crime has just happened, is happening, or is about to happen; and the vehicle or the person in the vehicle stopped, detained, or contacted is connected with that activity.
A. Reasonable Cause
B. Probable Cause
C. Reasonable Suspicion
D. Good Faith
Reasonable Suspicion
In those circumstances where departmental policy does not provide specific direction or guidance regarding the topic of search and seizure , uniformed employees shall comply with the guidelines outlined in what?
A. California Peace Officer Code and Regulations Manual
B. California Peace Officer Legal Sourcebook
C. California Peace Officer Law Book
D. California Search and Seizure Manua
California Peace Officer Legal Sourcebook
All uniformed personnel are required to review the contents of GO 100.91 how often?
A. Quarterly
B. Annually
C. Semiannually
D. When they feel like it.
Quarterly
Uniformed employees at the rank of Captain and below shall complete the GO 100.91 Review and Training assessment how often?
A. Annually
B. During annual review.
C. Quarterly
D. Biannually
Quarterly
Who is the Office of Primary Interest (OPI) for GO 100.91, who will work concurrently with the Academy’s Criminal Law Unit as the search and seizure subject matter expert on policy and curriculum relating to all search and seizure matters.
A. Field Support Services.
B. Fiscal Management Section.
C. Search and Seizure Section
D. Field Support Section.
Field Support Section.
Whenever there is an articulable need to protect themselves or others, uniformed employees may request consent to search from an individual without first obtaining a supervisor’s approval (e.g., requesting to conduct a preliminary frisk of a motorist who needs transport back to their vehicle, preliminary frisk of a witness who will be interviewed in the Area office). Which of the following forms will be required?
A. CHP 202D
B. CHP 216/202
C. All of the above
D. None of the above
None of the above
A CHP 202D shall be completed by the uniformed employee for all consent searches and signed by the individual granting consent _________ conducting the search.
A. While
B. Prior to
C. After
D. None of the above
Prior to
A CHP 202D shall be completed for all requests for investigatory consent searches; which of the following is true:
A. Whether or not a search was conducted.
B. Only if contraband is located during the search
C Only if a search was actually conducted.
D Whether or not probable cause or reasonable suspicion was develope
Whether or not a search was conducted.
Searches conducted of persons on parole, searchable probation, or post- release community supervision (PRCS). A CHP 415 entry shall be completed with the following information in the activity section EXCEPT:
A. Subject’s Name
B. Subject’s Date of Birth
C. Subject’s Driver License or ID number
D. Parole, Probation, PRCS
E. Dispatch Log Number
Subject’s Date of Birth
If during a Parole, Probation, or PRCS search, an officer fails to indicate the Log number on the 415 what shall be completed by the officer?
A. A memorandum
B. A CHP 215
C. A CHP 216
D. A CHP 202
A CHP 216
If a vehicle contains 3 total occupants, a driver, and 2 passengers who have backpacks in their immediate possession. You have developed reasonable suspicion that the passengers and driver may possess illegal narcotics. You ask the driver consent to search the vehicle and both passengers to search the back packs at their feet, how many 202Ds will be required?
A. 1
B. 2
C. 3
D. Non
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