LD 16 Searches

Question 1

Probably Cause To Search

Answer 1

To establish PC to search you must be able to articulate how and why they have fair probability to believe:

• a crime has occurred
• evidence pertaining to the crime exist
• the evidence is at the location they wish to exist

Question 2

The exclusionary rule

Answer 2

If a court finds that the search or seizure violated the persons 4th amendment all items seized could be ruled inadmissible or excluded
(Fruit of the poisonous tree)

Question 3

How to obtain Arrest warrants ?

Answer 3

Peace officers must articulate probable cause that a crime has been committed and the individual to be arrested committed the crime

Question 4

How to obtain Search warrants ?

Answer 4

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

Question 5

Reasonable inference

Answer 5

The act of drawing a conclusion from a fact

Ex. Seeing smoke and assuming there is a fire

Question 6

Direct evidence

Answer 6

Evidence that proves a fact directly, w/o presumptions

Ex. Sailing drugs to an undercover officer

Question 7

Circumstantial Evidence

Answer 7

Evidence that proves a fact indirectly, that is personal knowledge or observation from which deductions must be drawn by court

Ex. Partial 6 pack of beer found on car seats supports inference that someone in the car has been drinking

Question 8

Time limit for execution of a search warrant ?

Answer 8

Search warrant shall be executed and returned within 10 days
- with no exceptions of weekends or holidays

Question 9

When Failing to execute on time you should ?

Answer 9

• obtain a new warrant
• resubmit the expired warrant so it may be reissued and revalidated
• 10 days to return the warrant and inventory list with property taken

Question 10

Detaining persons on the premises

Answer 10

May detain and pat down people who have demonstrated a connection with premises such as:

• people already inside
• has a key to enter premises
• enters the premises without knocking

Question 11

Searching containers

Answer 11

A search warrant of a residence, vehicle or person automatically authorizes the search of anything, place or container inside where the object of the search can be located

Question 12

Nexus Rule

Answer 12

(Reasonable connection between two or more items)
Officers may seize items not listed in the warrant when
- the items are discovered while officers are conducting a lawful search for the listed evidence
-they have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in apprehending

Question 13

Can we seize contraband during a pat frisk search ?

Answer 13

If it is immediately recognized as contraband it may be seized, if not it cannot be manipulated further to establish the nature unless there is a concern it may be a weapon

Question 14

Can we seize containers during pat frisk search ?

Answer 14

It can only be seized and opened if there is reason to believe it can be used as a weapon or a weapon is inside
*or if an officers knowledge experience provide probable cause to believe it’s contraband

Question 15

Search Incident to arrest on Ped

Answer 15

• need probable cause to arrest
• suspect In custody
• search must be contemporaneous to arrest

Question 16

Scope of incident to arrest search on ped

Answer 16

A full search of arrestee

• their property
• and anything in their wingspan reach

Question 17

Protective sweep of building

Answer 17

A brief search to look for individuals only.

• space to be searched is the immediate adjoining where another person could be hiding and where an attack could immediately happen
• plain view applies

Question 18

Parole searches

Answer 18

Must know the individuals conditions before any search

Parole: search conditions allow person, residence, and any other property under parolees control
*reasonable suspicion not needed

-California Department of Corrections and Rehab request to be notified if a search of the residence or vehicle occurs

Question 19

Probation search

Answer 19

Must know the conditions

Probation: better to contact PO for conditions because not every probationer has a search condition

Question 20

Probable Cause (Vehicle) Exception

Answer 20

• applies to mobile vehicles or those that appear to be mobile
• If officers believe they have enough info to obtain a search warrant they can legally search a car w/o one

Question 21

Protective search of vehicle

Answer 21

A limited warrantless search

• need reasonable suspicion based on specific facts
• is permitted if there is a lawful detention and the officer believes, based on facts, there is a weapon or item that can be used as a weapon

Question 22

Scope of probable cause vehicle search

Answer 22

• can search license to license as long as there is a reason to believe what you are searching for can be there
• including locked containers
• plain view applies

ex. Weapons wouldn’t be in an ashtray therefor you should not be looking there, not lawful

Question 23

Scope of protective search of a vehicle

Answer 23

*like a frisk search on a detained person

Only looking for weapons in places the people in the vehicle would have reasonable access to a weapon nothing more and after that the search must end
*plain view applies

Question 24

Search Vehicles Incident to arrest

Answer 24

You cannot search a vehicle just because you made an arrest

• in order to conduct a warrantless search you need an arrest and:
• unsecured arrestee with reachable access to car and/or
• reasonable belief that evidence pertaining to crime of arrest is inside
• and/or reason to believe a weapon is inside
• search mat occur before arrest as long as probable cause arrest exist at the time

Question 25

Scope of incident to arrest vehicle

Answer 25

Passenger compartments accessible to arrestee

*trunk may not be searched

Question 26

Search of Vehicle as instrumentalities

Answer 26

When you have PC to believe the car itself constitutes evidence of a criminal act the car may be seized w/o a warrant

• if the crime was committed inside the car
• if the car was the means of the crime committed (hit and run)

Question 27

Plain View

Answer 27

Plain view applies to all lawful searches and car inventories

Question 28

Vehicle Inventory

Answer 28

A procedure used to account for personal property in an impounded or stored vehicle and to protect the agency from false claims
-not to search for weapons or contraband

Question 29

Field Show Up

Answer 29

Viewing of possible suspect by witness or victim that commonly occurs shortly after crime was committed

• suspect not entitled to legal representation because they are only being detained
• searches should be held off because person may be innocent