Law Flashcards

0
Q

What can an officer do during a detention for a non-traffic infraction?

A
  • Investigate the violation
  • Investigate identity
  • Issue the appropriate citation
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1
Q

What is a detention?

A

A temporary restraint of a person to facilitate the enforcement of a violation level offense.

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2
Q

During a detention for a traffic violation an officer may:

A
  • Investigate the violation
  • Investigate identity
  • Issue the appropriate citation
  • Make an inquiry into crimes that the officer develops reasonable suspicion for
  • Make officer safety inquiries
  • Use force when reasonable
  • May request to search for items of evidence
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3
Q

What is a stop?

A

The temporary restraint of a person to make an investigative inquiry based on reasonable suspicion the person has committed, or about to commit a crime. The officer must subjectively believe that the person stopped has committed a crime, and that belief must be objectively reasonable under the circumstances

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4
Q

When can an Ofc. request for consent to search unrelated to a traffic stop?

A
  • The officer develops a reasonable suspicion of a crime or another infraction
  • The officer develops reasonable suspicion that a person present poses an immediate threat of serious physical injury to the officer or others present
  • The inquiry or request does not unlawfully extend the duration of the stop
  • The inquiry or request occurs after the stop is terminated
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5
Q

When is the Miranda warning required?

A
  • Police officer
  • Interrogates
  • A suspect in custody or under compelling circumstances
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6
Q

What is a search?

A

Occurs when a person’s privacy interests are invaded, or when a person has a reasonable expectation of privacy in the area invaded

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7
Q

What is a seizure?

A

Occurs when there is a significant interference with a person’s possessory or ownership interest in a property

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8
Q

What are the seven exceptions to the warrant requirement?

A
  1. Search incident to arrest
  2. Terry frisk/officer safety response
  3. Consent
  4. Exigent circumstances
  5. Plain and open view
  6. Emergency aid
  7. inventory
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9
Q

What is unequivocal vs equivocal?

A

Equivocal is to clarify.

Unequivocal is clear

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