GO 100.91 Search and Seizure Policy manual Flashcards
The Fourth Amendment, U.S. Constitution, states: “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.”
a. An affidavit
b. Court order
c. Reasonable suspicion
d. Probable cause
D
True or false? A search occurs when an expectation of privacy that the court is prepared to consider reasonable is infringed.
False-
society is prepared to consider reasonable.
True or false? A seizure of property occurs when there is some meaningful interference with an individual’s possessory interest in that property.
True
A seizure of a person occurs when a citizen physically applies force, or when a person voluntarily submits to a peace officer’s authority.
False
Peace officer, not citizen
True or false? The Fourth Amendment is not violated unless a legitimate expectation of privacy is infringed.
True
True or false? A search is defined as the physical intrusion into one’s person or property to seek potential evidence or contraband that may be concealed. Merely looking at that which is open to view is not a search.
True
An individual may waive their Fourth Amendment right by permitting a law enforcement officer the ability to conduct a warrantless search of their person, house, papers, and effects (including a vehicle). Therefore, a consent search is a lawful procedure utilized by law enforcement officers.
True
True or false? It is the policy of the CHP to enforce the law without fear, favor, or discrimination. The CHP prohibits and does not tolerate violations of its search and seizure policy and/or the constitutional rights afforded to individuals by any member of the Department.
True
True or false? The contents of GO 100.91 are applicable to all uniformed employees regardless of rank or road patrol assignment.
True
True or false? 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 the California Peace Officers Legal Sourcebook (CPOLS).
True
All uniformed personnel are required to review this GO quarterly. Additionally, uniformed employees at the rank of captain and below shall complete the Quarterly Review and Training Assessment (QRT A & B) each quarter.
True
True or false? Vehicle inventories are not searches.
True
A CHP 202D _______ be completed by the uniformed employee for all consent searches and signed by the individual granting consent prior to conducting the search. No search _______ be conducted if the subject refuses or is unable to sign the CHP 202D.
Shall, shall
Uniformed employees _______ 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.
Shall not
Uniformed employees who have a search warrant or the authority to conduct a search under one of the exceptions to a search warrant ________ request consent from the arrested or detained individual. Supervisor approval to request or conduct a consent search under these circumstances ____ required.
are encouraged to, is not
