Lombo Legal CH 3- SEARCH AND SEIZURE- PREMISES

Question 1

305) three major exceptions to the warrant requirement: _______ searches,
______________ searches, and searches incident to arrest.

Answer 1

Emergency

Consent

Question 2

306) General Rule
It is illegal for a peace officer to physically enter into an area where a person has a “reasonable
expectation of privacy” in order to conduct a search or for the purpose of seizing something
unless:
- you have a ________ or
- an emergency or ________ circumstances exist; or
- you have obtained a valid consent.

Answer 2

Warrant

Exigent

Question 3

307) The “_______” of a home is the real property “so intimately tied to the home” that it
is placed within “the home’s ‘umbrella’ of Fourth Amendment protection.”

Answer 3

curtilage

Question 4

308) Areas beyond the cartilage are “__________ _______”. “Open fields” don’t have to be either
“open” or real “fields” to qualify. “__________ _________are areas of land so open to public view that the owner or possessor is deemed to have “implicitly invited” the police to observe and seize his contraband.

Answer 4

Open fields

Open fields

Question 5

309) Airplanes used for surveillance should stay a minimum of _______ feet above ground
level in “congested” areas and _____ feet in other, sparsely populated areas when flying a
fixed-wing aircraft. Although federal law permits helicopters to legally fly as low as ________
feet, California law is less clear on this point.

Answer 5

1000
500
400

Question 6

310) you may seize any object that is in _____ ______ as long as:
- you have a lawful right to be in the place from which you are viewing the object;
- the incriminating character of the object is immediately apparent, i.e., you have probable
cause to believe it is crime related; and
- you have a lawful right of access to the location of the object.

Answer 6

Plain view

Question 7

311) “_________ ________” search occurs, for example, when a door to a residence is opened in
response to a threat or command or kept open against the occupant’s wishes. Like all residential
searches, it requires a warrant or probable cause plus an exception to the warrant requirement.

Answer 7

visual entry

Question 8

312) One of the requirements for lawfully seizing an object in plain view is that you must be aware
of some connection or “______________“between the object and criminal behavior.

Answer 8

nexus

Question 9

313) “Exigent circumstances” means an emergency requiring swift action to prevent:
- _______ _________ to life or welfare (including yours ); or
- Serious damage to property; or
- Imminent ________ of a suspect; or
- the destruction of evidence.

Answer 9

Immensely danger

Escape

Question 10

314) A “__________ _______” is a limited, quick, visual inspection of those places where a
person who poses a danger to you or others might be hiding.

Answer 10

protective sweep

Question 11

315) Victim, Injured or Ill Person Inside- Because exigent circumstances exist, you may enter a
home without a warrant if (1) you reasonably believe an ______ threat exists to the life
or welfare of someone inside, (2) you have probable cause to believe that a person reliably
reported as __________ is inside, or (3) you reasonably believe that someone inside is in need of
_______. [entry when occupant is seriously injured or imminently threatened with serious
injury].

Answer 11

Imminent
Missing
Aid

Question 12

316) There is no such thing as a blanket “murder scene exception” to the warrant requirement.
Of course, if you reasonably believe that someone is in need of immediate __________, or if you are
looking for possible other victims or the killer on the premises, you may enter without a warrant.
Otherwise, a warrant is required.

Answer 12

Aid

Question 13

317) Knock and Notice- The general purpose behind the “knock and notice” requirements is to
protect the ________ of a person in his home, as well as any others who might be
present; to minimize the possibility of a ________ confrontation between police and private
citizens that might occur if the police made sudden, surprise, unannounced entries; and to
minimize unnecessary damage to private property.

Answer 13

Knock and Notice- The general purpose behind the “knock and notice” requirements is to
protect the _privacy_______ of a person in his home, as well as any others who might be
present; to minimize the possibility of a _violent_______ confrontation between police and private
citizens that might occur if the police made sudden, surprise, unannounced entries; and to
minimize unnecessary damage to private property.

Question 14

318) You must have “reasonable grounds” for believing that the person you want to arrest is
inside. “________” means enough factual information to make a person of
ordinary caution believe the suspect is inside.

Answer 14

reasonable grounds

Question 15

319) When executing a search warrant, there is the specific requirement that before forcing
entry, you must be refused _____. Sometimes it can be difficult to figure out what
constitutes a refusal, although an unreasonable delay in responding does qualify as one. Around
one minute would be a “safe” period of time to wait.

Answer 15

admittance

Question 16

320) Normally, you should also follow the “knock and notice” requirements before entering a
home for other purposes besides making an arrest or search. Such purposes might include:
- to secure the premises);
- to evict a tenant); or
- to conduct warrantless _______ or probation search).

Answer 16

parole

Question 17

321) Requirements Excused / Nonapplicable
In the following situations, compliance with the “knock and notice” requirements are either
excused or the statutes have no applicability.
1. consent Entry
Where consent to enter is given by a person who has authority to do so and who is present at
the residence, no compliance with “knock and notice” is necessary.
2. Public places/ _________
If the premises are open to the public, there is no privacy to protect or surprise to avoid, so the
requirements do not apply.
3. Exterior gate and _______
“Knock and notice” requirements normally do not apply to exterior gates and fences, at least
where they are not an integral part of the house itself, there is no one present in the yard, there is
no buzzer, intercom, or other easy means of contacting the persons in the house, and/or there is
no purpose in attempting to comply until reaching the actual residence.
4. __________ premise

When executing a search warrant, you need not comply with Penal Code section 1531 if you
can be sure no one is home .
Note: No such “excuse” exists for making arrests, because you may not forcibly enter unless
you already believe the suspect is inside.
5. premises occupied by _________/burglar

If the premises are occupied only by someone who has no right to be there, such as a trespasser
or burglar, the “knock and notice” statutes do not apply.
6. Exigent circumstance

The “knock and notice” requirements are always excused if you have facts to show an exigency,
such as “hot pursuit.”

Answer 17

Business
Fences
Unoccupied
Trespasser

Question 18

322) A “______-__________” entry is justified if you have a “reasonable suspicion,”
based on the particular facts of your situation, that knocking and announcing your presence
“would be dangerous or futile or that it would inhibit the effective investigation of the crime by, for
example, allowing the destruction of evidence.” “Knock and announce” also is not necessary:
- when circumstances present a “threat of physical violence” or
- when facts make it reasonable for you to believe, in good faith, that compliance
would result in increased danger to you [officers knew suspect had at least one readily
accessible firearm])or frustrate making the arrest by allowing a fleeing, dangerous suspect
to escape.

Answer 18

no-knock

Question 19

323) Generally, the Fourth Amendment prohibits the warrantless entry of private premises, either
to make an arrest or to conduct a search. However, you may enter premises without a warrant,
probable cause, or exigent circumstances if you have obtained a valid _______.

Answer 19

consent

Question 20

324) However, to be valid, the consent must be:
- voluntary , i.e., not “______________” by force, threats, tricks, promises, or
the exertion of authority; and
- obtained from a person with authority, or “_________” authority, to give
that consent.

Answer 20

Coerced

Apparent

Question 21

325) _______________ consent means that the consenter has agreed to the entry or
search verbally, for example, by using words or phrases such as “Yeah”, or “Do what you want”

Answer 21

_express_______________ consent means that the consenter has agreed to the entry or
search verbally, for example, by using words or phrases such as “Yeah”, or “Do what you want”

Question 22

326) Consent to enter or search may also be _______ , that is, given by means of
physical conduct or acts, such as pointing or waving. You should realize, however, that courts are
not fond of this doctrine, especially when it comes to entering someone’s residence .

Answer 22

326) Consent to enter or search may also be ____implied______ , that is, given by means of
physical conduct or acts, such as pointing or waving. You should realize, however, that courts are
not fond of this doctrine, especially when it comes to entering someone’s residence .

Question 23

327) In order for a consent entry or search to be valid, the consent must be
_______________, i.e., the product of a free will. It cannot be given in submission to
your authority, express or implied. In other words, the consent must be “uncontaminated” by any
duress, coercion, intimidating conduct, or other “pressure tactic,” whether direct or indirect.

Answer 23

voluntary

Question 24

328) It is perfectly possible to get a valid consent even from someone who is already arrested
and handcuffed. True or False? _______________

Answer 24

true

Question 25

329) Miranda warnings are not required prior to requesting consent to search. True or False?

Answer 25

True

Question 26

330) Aiding the Search - If a consenter aids you in the search (e.g., getting the evidence,
opening the door, trunk, purse, etc.), it is more likely that the consent is voluntary. Note, however,
that you should ___________ ask the person to do these acts.

Answer 26

never

Question 27

331) Authority to Consent A consenter must have the “______” to consent to the
search.

Answer 27

authority

Question 28

332) “_________”_ authority exists as long as (1) it was reasonable for you to believe
something that turned out not to be true, and (2) the thing you mistakenly believed, if true, would
have meant the consent-giver had authority to consent.

Answer 28

apparent

Question 29

333) The places where you may search are limited entirely by the “scope” of the consent given.
In other words, a person can limit ________ of a consent search. It is your responsibility
to insure that the consenter gave consent to search the areas where you are looking.

Answer 29

scope

Question 30

334) After formal charges have been filed against the suspect and an attorney has been
appointed or retained on those charges, it is improper to conduct a _________ search
without also getting the consent of the suspect’s counsel, or a search warrant.

Answer 30

consent

Question 31

335) When a person is lawfully arrested in a home or other building, a limited right exists to
conduct a warrantless search not only of his person, but also of the area within his “_________ __________” or “arm’s length,” “lunging distance”). ( Chimel (1969)

Answer 31

immediate control

Question 32

336) _____________ Requirement - As noted, a search incident to an arrest is
permissible only if it takes place at the same place and at essentially the same time as the arrest,
i.e., just before, during or immediately afterward.

Answer 32

contemporaneous