Lombo Legal Source Chapter 2 Flashcards
215) A “_________” occurs when a government officer infringes upon an expectation of
privacy that society is prepared to consider reasonable.
SEARCH
216)A “___________” of property occurs when there is some meaningful interference
with an individual’s possessory interest in that property. A “________” of a person occurs:
(1) when a peace officer physically applies force or (2) when a person voluntarily submits to a
peace officer’s authority.
SEIZURE
SEIZURE
217) This infringement must be ___ ; private citizens cannot violate the Fourth Amendment. “
by the government or its agents
218)The “______________ rule” was created by the Supreme Court to encourage proper police conduct.
exclusionary
219) “_____________”– which is more accurately viewed as a question of “privacy”–
means that a defendant wishing to suppress evidence must show that the illegal search or
seizure invaded his own personal, reasonable, and legitimate expectation of privacy.
standing
220) In 1984, the United States Supreme Court created a “_______” _________ “ exception to the exclusionary rule which, because of Proposition 8, California courts also follow. The exception has been limited almost exclusively to situations where the mistake was made by someone other than a police officer and mostly in situations involving a warrant .
good faith
221) Under our Constitution and system of law, warrantless searches and seizures are
presumptively _________.
illegal
222)When you deal with a member of the public, the law will classify it as either a “__________ __________”, a “______”, or an “_______.” A ________ ________is the least intrusive of these.
- consensual encounter
- detention
- arrest
- consensual encounter
223) A “__________ ________” is a contact between an officer and an individual
that is strictly voluntary . The key element is that the person remains totally ______ ___ ______ or not cooperate.
- consensual encounter
- free to leave
224) A “____ _____ _____” is a consensual encounter that takes place at the doorway of a home. Unlike a detention, a “______ _____ ______” does not implicate the Fourth Amendment.
A true _______ ______ ______ —-does not require any “_______ ______.” A Persistent loud knocking, a demand to open the door, or any other coercive circumstance can easily turn a “______ _____ _____” consensual encounter into a detention or even into a “search”, requiring a warrant or probable cause.
- knock and talk
- knock and talk
- knock and talk
- reasonable suspicion
- knock and talk
225) You may ask for permission to conduct a _____ during a consensual encounter.
However, you have no authority to conduct any kind of a search during a consensual encounter
unless, of course, the person gives you voluntary consent.
-search
226) Indeed, even ordering a person (as opposed to requesting him) to keep his hands in sight or
to remove them from his pockets will not necessarily convert a consensual encounter into a
______, although it may.
detention
227) A temporary detention or ______________ is an exertion of authority that is something less than a full-blown arrest but more substantial than a simple “__________ “ or
“ consensual encounter”.
stop
contact
228) A “_______” occurs whenever a reasonable–and innocent–person would
believe he is not free to leave or otherwise disregard the police and go about his business.
detention
229) In addition, before a “________” exists in the law, it is also necessary that the person
actually _________ to your assertion of authority.
detention
submit
230) “A person is not ‘_________’ within the meaning of the Fourth Amendment unless he or
she is somehow physically _______ or voluntarily submits to a peace officer’s authority.”
seized
restrained
231) For an investigative stop or detention to be valid, you must have “_________ _______” that: (1) criminal activity may be afoot and (2) the person you are about to detain is connected with that possible criminal activity.
reasonable suspicion
232) To establish “reasonable suspicion” both the quality and quantity of the information you need is considerably less than the “________ _________” you need to arrest or search. “Reasonable suspicion” is a less demanding standard than probable cause and requires
a showing considerably less than preponderance of the evidence.
probable cause
233) “reasonable suspicion” is evaluated based on objective facts. Your subjective thinking , i.e., the purpose behind your search or seizure (detention or arrest), should have no bearing on a
court’s determination of the legality of your action. Your “_________ intentions” are irrelevant in determining whether a detention or an arrest was justified.
subjective
234) A detention can never be based solely on a hunch, rumor, intuition, instinct, or curiosity. Rather, you must have _________ facts justifying your suspicion and you must be
able to articulate these to a court. The court will then decide if these facts–based on the “totally of the circumstance” including your training and experience–were enough to
make your suspicion objectively reasonable.
Specific
235) Certain factors, such as “nighttime” and “high crime area” or “high narcotic area”, _______ ______ suffice, alone, to justify a detention. However, they are important and relevant,
and in combination with one or more other suspicious factors may justify a reasonable suspicion.
will not
236) Indeed, ______, that is “the practice of detaining a suspect based on a broad
set of criteria which casts suspicion upon an entire class of people without individualized
suspicion of the particular person being stopped” is specifically outlawed.
racial profiling
237) On the other hand, ______ or ethnicity is still a proper factor to consider if it is part of a
description of a specific suspect you are looking for.
race
238) If you approach someone or a group and one or more of them walks or runs away, and you
give chase, your act of chasing after the person does not constitute a detention. As the United
States Supreme Court has made clear, there is no “______” until you have actually physically stopped the person, or he stops on his own and submits to your ______.
seizure
authority
239) The United States Supreme Court has declined to create a “________” rule regarding flight. That is, the court has refused to rule either (1) that flight alone will
always justify a detention, or (2) that flight alone can never _______ a detention.
bright line
Justify
240) Instead, both the US Supreme Court and the California Supreme Court have held that flight is merely one factor in the _______ ______ ______ _______ which a court will look at in determining whether reasonable suspicion existed. However, it is an important factor, because fleeing from police officers, as opposed to simply refusing to cooperate, is inherently suspicious and therefore “can be a key factor in determining whether in a
particular case the police have sufficient cause to detain.”
totality of the circumstance
241) The legality of detentions based on a “ _____ _____ _____” –meaning noncriminal factors about an individual, such as coming from Miami, looking nervous, using cash, not having
luggage, etc.–has traditionally caused difficulty for the courts. Courts have ruled, generally, that
such a profile will not automatically justify a ________ because, by itself, it does not rise to the
level of “reasonable suspicion.”
drug courier profile
Detention
242) There are situations in which an anonymous tip, suitably corroborated, exhibits ‘sufficient
indicia of reliability to provide ________ to make the investigatory stop.’”
reasonable suspicion
243) Whether you are detaining someone (1) to investigate your reasonable suspicion or (2) to issue a cite and release, the suspect has an obligation to stop. A suspect has no right to \_\_\_\_\_\_\_ a lawful detention. If the suspect doesn't stop, he has violated Penal Code section 148 (obstructing or delaying you in the performance of your duties), and you may use whatever physical force is necessary to make him stop. Similarly, if a lawful detention (or arrest) has begun in a public place, a suspect may not defeat it by running inside; you have the right (under the exigency or "\_\_\_\_\_\_\_" doctrine) to follow him or her into the residence.
Resist
hot pursuit
244) If you are going to cite an individual for a Vehicle Code violation–misdemeanor or infraction-
-you have the right to ascertain and verify his ______. This means he must produce either a driver’s license or its functional equivalent for examination, or else you have the
discretion to take him into custody under Vehicle Code section 40302 , subdivision
identity
245) Normally, a search is not permitted unless (1) you have consent, (2) you are concerned about a possible _______, (3) you have probable cause to arrest
and/or search, or (4) it is a “_______ ______” that is, you have already given the detainee the opportunity to cooperate by following your requests, and he has refused.
weapon
last resort
246) California does not have a statute mandating that a detainee identify himself, and that
obligation cannot be read into penal code section 148. Although you may take whatever steps are reasonably necessary under the circumstances to ascertain the identity of a person you have lawfully detained, Hiibel does not provide a means for arresting someone for failing or
refusing to identify himself. The Ninth Circuit has ruled that a suspect’s failure to identify
himself cannot, on its own, justify an _____: “the use of Section 148 to arrest a person
for refusing to identify herself during a lawful Terry stop violates the Fourth Amendments proscription against unreasonable searches and seizures.” Note, however, that it is a violation of Penal Code section 148 for a suspect who has been arrested for a ________ to fail to
orally identify himself during a routine booking interview.
arrest
felony
247) Generally speaking, you should avoid using __________ and/or physical restraints, such as handcuffs or guns, during a detention situation whenever possible. These “indications of custody” may cause a court to view the detention as an arrest . “
force
248) In determining whether the contact was a lawful detention or an unlawful arrest, courts will
look to the “totality of the circumstances” and evaluate (1) the _____ of the detention (i.e., the methods used by police, and how severely the suspect’s liberty was restricted)
and (2) the justification for using the force or restraints that were employed (i.e., the danger
posed to the officer).
intrusiveness
249) Be extremely careful about transporting a suspect during a detention. Avoid it unless it is truly necessary. You may, of course, move a suspect a short distance for your protection –
crowd gathering) or to avoid embarrassment to the suspect –public place). But requiring the suspect to accompany you to another location or interrogation room without a valid consent or compelling reason may turn your dentin into an unreasonable ___________.
arrest
250) Similarly, if an in-field identification or show-up is desired, you should bring
the ___ or _____ to the scene of the detention if at all possible. As a general
rule, the courts do not want you to transport the ______ to the victim
However, there are exceptions to this general rule. The major exceptions are:
- when you have probable cause to arrest the suspect
-when you have the
voluntary consent of the suspect
- or when the victim can not be moved (injured)
- when transporting the
suspect to the victim is the best (or only) practical alternative
- witness or victim
- suspect
