LD-16

Question 1

A seizure of a person occurs when:

Answer 1

• a peace officer physically applies force

- a person voluntarily submits to a peace officer’s authority

Question 2

Subjective expectation of privacy

Answer 2

is a person’s state of mind demonstrated by affirmative action designed to protect their privacy (e.g., building a fence, closing window shades, locking a compartment, etc.).

Question 3

Objective reasonableness

Answer 3

refers to whether society is prepared to recognize the individual’s expectation as reasonable.

Question 4

A reasonable expectation

Answer 4

A reasonable expectation of privacy can exist almost anytime and anyplace as long as:
individuals have indicated that they personally (subjectively) expect privacy in the object or area
their expectation is one which society is prepared to recognize as legitimate

Question 5

open fields, the protections of the Fourth Amendment do not apply.

Answer 5

.

Question 6

OVERFLIGHT

Answer 6

Because of the lack of a reasonable expectation of privacy in an area that can be viewed from an overflight, the protections of the Fourth Amendment do not apply, as long as the aircraft is:
at an altitude permitted by FAA regulations being operated in a ―physically nonintrusive manner

Question 7

Standing exists only if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized. To challenge a particular search or seizure, a person must have a reasonable expectation of privacy in the place or thing that was searched or seized.

Answer 7

Only a person with standing can challenge the search or seizure of property, based on Fourth Amendment protections.
Standing generally is established by:
ownership lawful possession authority control of the area searched or the property seized

Question 8

To establish probable cause to search, peace officers must be able to articulate how and why they have a fair probability to believe:

Answer 8

-a crime has occurred or is about to occur -evidence pertaining to the crime exists the -evidence is at the location they wish to search

Question 9

The exclusionary rule

Answer 9

If a court finds a search or seizure is not reasonable and a person’s Fourth Amendment rights have been violated by the government, all items seized during the search could be ruled inadmissible or excluded as evidence at trial.
NOTE: This inadmissible or excluded evidence is often referred to as ―The fruit of the poisonous tree.‖
NOTE: The exclusionary rule does not appear anywhere in the Constitution, but rather was created by the United States Supreme Court to encourage proper law enforcement conduct. Usually, the evidence is excluded as a penalty for the illegality of the search or seizure.

Question 10

The Fourth Amendment provides for:

Answer 10

the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and no warrants shall issue, but upon probable cause supported by oath or affirmation particularly describing the place to be searched and the persons or things to be seized

Question 11

Probable cause to search

Answer 11

Probable cause to search for an object or area means having enough facts or information to provide a fair probability, or a substantial chance, that the object sought is located in the place to be searched.

Question 12

Unless justified by an exception (consent, incident to arrest, search condition, or emergency),

Answer 12

a search of private property may lawfully be conducted only if authorized by a search warrant.

Question 13

A search warrant is:

Answer 13

A search warrant is:

• an order in writing, in the name of the people
• signed by a magistrate -directed to a peace officer -commanding the officer to search for an individual or individuals, a thing or things, or personal property
• in the case of a thing or things or personal property, to bring the same before the magistrate (Penal Code Section 1523)

Question 14

Penal Code Section 1524 presents the statutory grounds for issuance of a search warrant.

Answer 14

In the search warrant context, probable cause to search means enough credible information to provide a fair probability that the object or person the peace officers seek will be found at the place they want to search.

Question 15

As stated in Penal Code Sections 1529 and 1533, the following information must appear in the search warrant:

Answer 15

The names of all those who have sworn that the facts presented as probable cause are true
The statutory grounds for issuing the warrant
Descriptions of the places and/or persons to be searched
Descriptions of the things or property to be seized
The magistrate’s signature
The date issued
An indication by magistrate if nighttime service is authorized

Question 16

search warrant

Answer 16

Peace officers must articulate probable cause that:
a crime has been committed, and evidence concerning the crime or the identity of the perpetrator is located at the place to be searched.

Question 17

arrest warrants

Answer 17

Peace officers must articulate probable cause that:

a crime has been committed, and the individual to be arrested committed that crime

Question 18

Reasonable inference

Answer 18

Reasonable inference is the act of drawing a conclusion from a fact

Question 19

Direct evidence

Answer 19

Direct evidence is evidence that proves a fact directly, without an inference or presumption

Question 20

Circumstantial evidence

Answer 20

is evidence that proves a fact indirectly, that is, personal knowledge or observations from which deductions must be drawn by the jury or court (e.g., partial six-pack of beer found on the car seat supports inference that someone in the car has been drinking).