LD 16 Searches Flashcards
Probably Cause To Search
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
The exclusionary rule
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)
How to obtain Arrest warrants ?
Peace officers must articulate probable cause that a crime has been committed and the individual to be arrested committed the crime
How to obtain Search warrants ?
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
Reasonable inference
The act of drawing a conclusion from a fact
Ex. Seeing smoke and assuming there is a fire
Direct evidence
Evidence that proves a fact directly, w/o presumptions
Ex. Sailing drugs to an undercover officer
Circumstantial Evidence
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
Time limit for execution of a search warrant ?
Search warrant shall be executed and returned within 10 days
- with no exceptions of weekends or holidays
When Failing to execute on time you should ?
- 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
Detaining persons on the premises
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
Searching containers
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
Nexus Rule
(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
Can we seize contraband during a pat frisk search ?
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
Can we seize containers during pat frisk search ?
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
Search Incident to arrest on Ped
- need probable cause to arrest
- suspect In custody
- search must be contemporaneous to arrest
Scope of incident to arrest search on ped
A full search of arrestee
- their property
- and anything in their wingspan reach
Protective sweep of building
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
Parole searches
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
Probation search
Must know the conditions
Probation: better to contact PO for conditions because not every probationer has a search condition
Probable Cause (Vehicle) Exception
- 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
Protective search of vehicle
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
Scope of probable cause vehicle search
- 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
Scope of protective search of a vehicle
*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
Search Vehicles Incident to arrest
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
Scope of incident to arrest vehicle
Passenger compartments accessible to arrestee
*trunk may not be searched
Search of Vehicle as instrumentalities
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)
Plain View
Plain view applies to all lawful searches and car inventories
Vehicle Inventory
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
Field Show Up
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
