Laws of Search and Seizure

Question 1

True or False?

A peace officer can disregard No Trespassing signs to investigate a crime.

Answer 1

False

Question 2

______ requires that all facts upon which the application is based, and the decision to issue is made, be expressed in the body of the application.

Answer 2

Four Corners Doctrine

Question 3

What is the 3 factor test for plain view?

Answer 3

Lawful Presence
Evidence in Plain View
Immediately Apparent it is Contraband

Question 4

True or False?

Plain view does not apply to private property / homes?

Answer 4

True

Question 5

_______ is given by one with authority to do so and given voluntarily, knowingly, and intelligently.

Answer 5

Consent

Question 6

What are exigent circumstances that would cause a reasonable person to believe that prompt action was necessary?

Answer 6

• Prevent physical harm to police officers or other persons
• Destruction of relevant evidence
• Escape of the suspect
• Some other consequence improperly frustrating legitimate law enforcement efforts

Question 7

An officer may seize evidence that has an ___________ nature when the officer discovers the evidence in ________ from his or her ________.

Answer 7

Immediately apparent incriminating, plain view, lawful presence

Question 8

What are the main points of a search incident to arrest?

Answer 8

• Protect the officer from attack
• prevent escape
• Evidence of the crime

Question 9

True or False?

When conducting a search incident to arrest, you can remove everything from the person’s pockets.

Answer 9

False