Lombo Legal Source Chapter 2 Flashcards
1
Q
215) A “_________” occurs when a government officer infringes upon an expectation of
privacy that society is prepared to consider reasonable.
A
SEARCH
2
Q
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.
A
SEIZURE
SEIZURE
3
Q
217) This infringement must be ___ ; private citizens cannot violate the Fourth Amendment. “
A
by the government or its agents
4
Q
218)The “______________ rule” was created by the Supreme Court to encourage proper police conduct.
A
exclusionary
5
Q
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.
A
standing
6
Q
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 .
A
good faith
7
Q
221) Under our Constitution and system of law, warrantless searches and seizures are
presumptively _________.
A
illegal
8
Q
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.
A
- consensual encounter
- detention
- arrest
- consensual encounter
9
Q
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.
A
- consensual encounter
- free to leave
10
Q
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.
A
- knock and talk
- knock and talk
- knock and talk
- reasonable suspicion
- knock and talk
11
Q
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.
A
-search
12
Q
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.
A
detention
13
Q
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”.
A
stop
contact
14
Q
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.
A
detention
15
Q
229) In addition, before a “________” exists in the law, it is also necessary that the person
actually _________ to your assertion of authority.
A
detention
submit
16
Q
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.”
A
seized
restrained
17
Q
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.
A
reasonable suspicion
18
Q
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.
A
probable cause
19
Q
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.
A
subjective
20
Q
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.
A
Specific
21
Q
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.
A
will not
22
Q
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.
A
racial profiling
23
Q
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.
A
race
24
Q
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 ______.
A
seizure
authority
25
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
26
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
27
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
28
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
29
```
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
30
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
31
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
32
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
33
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
34
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
35
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
36
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
37
251) time or the duration of a detention is another factor you must be aware of.
A detention is temporary and may last no longer than is necessary to resolve the circumstances
that justified its initiation. There is no set time limit for an _____________________. The key is simply whether you diligently took reasonable
steps to confirm or deny your suspicions. (Compare this to DM listing a 20 minute guideline)
investigative detention
38
252) Actually detaining someone (as opposed to obtaining their voluntary cooperation) for the
purpose of obtaining information about them, or photographing them, is illegal unless you have a
specific basis for believing the person is involved in _______ ________.
criminal activity
39
253) The general rule is that you do not have to give Miranda warnings to someone you have
detained (1) on reasonable suspicion 2) for a _____ and ______ offense, or (3) for "inquiries" especially about identity--made at the scene of a
crime.
Cite and release
40
254) Indeed, Miranda warnings are never necessary unless you have both "_________" and "________"
custody
| interrogation
41
255) During a detention, you have no power to conduct a general, full, exploratory
__________ of the suspect.
search
42
256) You may conduct a patdown or limited weapons search of someone you have detained, but
(1) only for weapons 2) only of his _______ _______, and (3) only if you have _____ ______ which make you feel in danger. "Standard procedure" isn't good enough.
outer clothing
| specific facts
43
257) In addition to needing a factual basis for patting down a detainee, you must also be careful
not to exceed the permissible "_______" of the frisk. Remember that you are authorized
to look for weapons only, so your search must be limited to that purpose.
scope
44
258) Naturally, if you discover a weapon, or a suspected weapon, you may seize it. Likewise, if
you are not sure whether the object is or is not a ____________, you are entitled to
check it out, that is, to "search"further, for instance, by feeling it more thoroughly, or by
reaching into the pocket where it is located.
weapon
45
259) you are entitled to seize any "non-threatening contraband" which you detect during a
protective patdown search only if the search stays within the bounds marked by Terry --
meaning that the contraband nature of the object becomes __________ apparent to you, through your sense of sight, smell or touch, while you are still in
the process of searching for weapons.
Immediately
46
260) Lastly, there are two other ways to lawfully conduct a patsearch--or a complete search-
- for weapons or drugs . The first is if you have _______ ________ to believe such an object is on the person.. "An officer with ________ ________to arrest can search incident to the arrest before making the arrest."
probable cause
| probable cause
47
261) The rule for seizures during detentions is pretty much the same as it is for searches: You
may seize any weapon or other hard object usable as a weapon which you
lawfully discover during a detention or patdown, but seizure of any "non-weapon" or "non-
threatening" object will be illegal unless you have _________ or probable cause to
believe it is contraband.
consent
48
262) In general, if you see a weapon, some contraband, or evidence of a crime in plain view
during a detention, you are entitled to seize it without any further justification. This is because
observing something in plain view is not considered a "__________"at all under the
law.
search
49
263) If you come across a container on the person you are detaining, you are entitled to seize it
and open it, as long as it is reasonable for you to think it is a _________ or contains a
_______________ .
weapon
| weapon
50
264) it is legal for you to seize a container and/or to open (search) it as long as: (1) the
surrounding circumstances are sufficient to provide probable cause (not just reasonable suspicion) that the container holds contraband, and (2) you obtained that probable cause lawfully
during, and within the lawful scope of, the _________ or limited weapons search.
detention
51
265) Abandonment- Generally, evidence that a suspect ________ before or during a lawful
detention may be seized, may be examined, and is admissible in court.
discards
52
266) If you are "chasing" a suspect at the time he discards the object, there is no problem in
seizing the discarded object. The United States Supreme Court has made clear no detention
occurs until and unless the suspect actually is physically caught or stops on his own, i.e., submits
to your authority. Therefore, anything he tosses away before that moment has been "__________" and is fair game.
abandoned
53
267) Informing the Suspect of His Status-If at all practicable, tell the suspect that he is not
_______ _______. Tell him that he is being detained in order to clear up the problem.
under arrest
54
268) An arrest occurs when you take a person into custody. This requires either
(1) that you physically _____ or at least touch the person or (2) that he submits to
your _________.
restrain
| authority
55
269) Custody is an objective condition; your _________ intent is not necessarily controlling.
subjective
56
270) To be a valid arrest, you must take the person into custody "in a case and matter authorized by law."; (Pen. Code, § 834 .) If you do not, it is a "false" arrest. False arrest may be a crime or the start of a civil lawsuit, and it may result in the
suppression of crime-related evidence. To be valid, an arrest must always be supported by___________.
probable cause
57
271) For a ______ you may arrest a person (1) with a warrant or (2) without a warrant if
you have probable cause to believe he committed a _____, regardless of whether or not it
was committed in your presence.
felony
| felony
58
For a _________, you may arrest a person (1) with a warrant or (2) without a
warrant if you have probable cause for believing the ____ was committed in your presence.
misdemeanor
| misdemeanor
59
273) Also, there are now numerous situations where a statute allows you to make a warrantless
arrest for a misdemeanor--assuming the arrest is supported by probable cause--even though the
misdemeanor was not committed in your presence. These include: - the crime was committed
by a ___________; the suspect was driving while under the influence (DUI) and (1) was involved in an accident, (2) is observed in or about a vehicle that is _________ a roadway,
(3) will not be apprehended unless immediately arrested, (4) may cause injury to himself or damage property unless immediately arrested, or (5) may destroy or conceal
_______ of the crime unless immediately arrested. - the suspect was carrying a
loaded m firearm on his or her person or in a vehicle while in any public place or on any
public street; - the suspect committed an assault or battery while on ________ property (as defined) during hours when school activities are being conducted; the suspect committed an
assault or battery upon a firefighter, emergency medical technician, or mobile intensive care paramedic while that person is on duty engaged in the performance of his or her
duties; you have probable cause to believe that the suspect has committed an assault or battery
on any one of a wide range of persons with whom he presently has or did have a relationship,
including a current or former spouse; current or former fiancée or cohabitant; person he is or was engaged to or had a dating relationship with ; person he parented a child with or is presumed to have parented a _________ with;
his actual child; a child he is being sued to determine the parentage of; the child of any person in any of the foregoing categories; or any other person related to the suspect by consanguinity [blood] or affinity [marriage] within the second degree. - you have probable cause to believe
that an assault or battery was committed upon any person who is _____ years of age or older
and who is related to the suspect by _______ or _________ guardian; you are at an airport in an area to which access is controlled by the inspection of persons and property, and you have probable cause to believe that the suspect has violated Penal Code section 12025 (carrying a firearm concealed on his person)
- juvenile
- obstructing
- evidence
- school
- child
- 65
- blood or legal guardianship
60
274) An arrest is _____________if you respond to a call alleging a violation of a
domestic violence protective order, restraining order, probation protective order, harassment
order, emergency protective order in stalking cases, or elder abuse protective order and you have
probable cause to believe (1) that the person against whom the order was issued had notice of
the order and (2) that the person has _______ that order.
mandatory
| violated
61
275) Arrest- You must either physically ______ or touch the suspect, or the
suspect must submit to your authority "There can be no arrest without either touching or submission."
restrain
62
276) You may use reasonable force to effect the _______, overcome ___, or
prevent ______. A suspect has a duty to submit and may not resist an arrest, even if the
arrest is unlawful. However, if you use excessive force, the suspect may lawfully resist with
enough force to resist the excessive force.
arrest
resistance
escape
63
277) Normally, you must tell the arrestee (1) you intend to arrest him or her, (2) the reason for
the _________ and (3) your ____________(i.e., that you are a peace officer).
arrest
| authority
64
278) If you arrest and book a known or suspected "foreign national" or if you detain one for more
than _________ hours, you must advise him or her of the right to communicate with an official from the
consulate of his or her country.
2
65
279) For a ___________, you may make an arrest--with or without a warrant--at any time
of the day or night.
felony
66
280) However, for a _______ or _______, there is a time limitation. You
must make the arrest--with or without a warrant--between __________ and
____________. unless:
- the misdemeanor or infraction occurred in your presence; or
- the arrest is made in a public place; or
- you have a warrant which is endorsed for _______; or
- the arrestee is already custody or is taken into custody on a citizen's
arrest; or
- you make the arrest for violation of a domestic violence , even though it
did not occur in your presence.
misdemeanor
infraction
0600 and 2200
night service
67
281) Remember too that for misdemeanors the warrantless arrest of an adult must be made at
the time you observe the offense or within a reasonable time thereafter; otherwise, it becomes "_________."
stale
68
282) You may arrest (1) in a _________ place, (2) inside the residence of the arrestee or
third person only if you have "probable cause" to believe the suspect is ______ and you
have an arrest warrant, consent to enter (except for the nighttime misdemeanor situation
discussed above), exigent circumstances, or the probable cause for the arrest arises after you
are already lawfully inside, or (3) beyond the geographical boundaries of your agency only if (a)
the crime was committed in your jurisdiction, or (b) exigent circumstances exist, or (c) you have consent from the agency having jurisdiction where the arrest occurred.
Note that a doorway is considered a “_____.” “The Fourth Amendment’s prohibition
on warrantless entry into an individual’s home does not apply to arrests made at the doorway.”
public
inside
public place
69
283) Arraignment . In every case, the arraignment must occur within _____ hours after the
defendant's arrest, excluding weekends and holidays.
48
70
284) For juveniles , the same rule applies, except that the time limit is _____ hours instead of ______ hours.
72
| 48
71
285) This section applies only to persons named in misdemeanor arrest warrants. Under this
section, you may cite and release the named person, instead of taking him or her into physical
custody, unless one of the following conditions exists: (1) the misdemeanor cited in the warrant
involves violence, a firearm, resisting arrest, or giving ________ _______to a peace
officer; (2) the person is a danger to himself or herself because of alcohol, drugs or
narcotics; (3) the person has other ineligible charges pending against him or her; (4) the person
refuses to _________ the notice to appear; (5) the person cannot provide satisfactory
evidence of personal identification; (6) there is a reasonable likelihood that the offense would
________ or resume if you released the person, or that the safety of persons or property
would be immediately endangered; (7) the arrest warrant states that the person is not eligible to
be released on a citation.
false information
sign
continue
72
286) A person arrested without a warrant for either a felony or a misdemeanor may (and should)
be released if:
- for any offense, you are satisfied that there are insufficient ground;
- the arrest was for _______ _______, and you don't believe further proceedings are
desirable;
- the arrest was for being under the influence of a drug or narcotic, the person has been
taken to a ________ or treatment facility, and you don't believe further proceedings are desirable.
intoxication only
| hospital
73
287) This section sets out the procedure for releasing persons who have been arrested without a warrant for misdemeanor, including violation of any city or county ordinance, and who do not demand to be taken before a magistrate. - No cite and release for: When the arrest is for a misdemeanor violation of a protective court order involving domestic violence, as defined in Penal
Code section 13700, subdivision (b) (i.e., upon a spouse, former spouse, cohabitant, etc.). (§
853.6, subd. (a)(2).)
- When the arrest is pursuant to your department's policy for responding to domestic abuse calls (which should encourage the arrest of domestic violence offenders), as described in Penal Code
section 13701. (§ 853.6, subd. (a)(2).)
- When the arrest is for any crime listed in the Penal Code section 1270.1 bail provisions. (§
853.6, subd. (a)(3).) These crimes include:
misdemeanor domestic violence (Pen. Code, § 243, subd. (e)(1));
domestic violence with corporal injury (Pen. Code, § 273.5);
violation of a Penal Code section 273.6 protective order "if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the
protected party"
stalking (Pen. Code, § 646.9).
You are required to cite and release arrested persons per section 853.6, subdivision (i), unless
one of the following 10 reasons for nonrelease exists:
(1) The arrestee was so ___________ that he or she could have been a danger to himself or
herself or to others;
(2) The arrestee required medical examination or medical care or was otherwise unable to care
for his or her own safety;
(3) The person was arrested for _________ under the influence (Veh. Code, § 23152) or under one
or more of the circumstances listed in Vehicle Code sections 40302 and 40303 (vehicle
tampering, reckless driving, driving while license suspended or revoked, refusing to stop and
submit to various vehicle inspections, etc.);
(4) There were one or more outstanding arrest warrants for the arrestee;
35
(5) The arrestee could not provide satisfactory evidence of personal ___________.
(6) The prosecution of the offense or offenses for which the person was arrested, or the
prosecution of any other offense or offenses, would be jeopardized by immediate release of the
arrestee;
(7) There was a reasonable likelihood that the offense or offenses would continue or resume or
that the safety of persons or property would be imminently endangered by release of the arrestee;
(8) The arrestee demanded to be taken before a magistrate or refused to sign the notice to
appear;
(9) There is reason to believe that the arrestee would not appear at the time and place specified
in the notice (with the basis for this determination specifically stated); and
(10) The arrestee was subject to Penal Code section 1270.1.
If you do not release the arrestee, you must indicate on a departmental form which reason for
nonrelease applies.
intoxicated
driving
identification
74
288)"__________" exists when the totality of the circumstances would lead a
person of ordinary care and prudence to entertain an honest and strong suspicion that the person
to be arrested is guilty of a crime. What is required to establish probable cause is something less than a preponderance (___) of the evidence.
probable cause
| 51%
75
289) An arrest warrant authorizes police to enter the premises where a suspect lives, for the
limited purpose of taking him into custody, when police have reason to _______ the suspect is inside. An arrest warrant may be issued either before or after a criminal complaint has been filed.
Believe
76
290)If a complaint has not yet been filed, some counties use "__________" warrants--arrest
warrants obtained before a complaint has been filed. Some of the advantages to using a
Ramey include: Efficiency, aid in apprehension, burden of proof, Confidentiality, and ________ Amendment
Right to Counsel does not attach, bail setting and case strategy.
- Ramey
| - 6th
77
291)As a general rule, unless the person is on parole or searchable probation, or you have consent or exigent circumstances, you must have an arrest warrant in order to arrest
someone inside his home. Additionally, (1) you must normally comply with __________ ______ ______ "provisions of Penal Code section 844 ; and (2) you need ________ ________to believe that the suspect is inside
- knock and notice
| - probable cause
78
292) if the person you seek to arrest turns out to be visiting or temporarily at someone else's house, you will need a search warrant (for the suspect's person) unless one of the exceptions,
such as consent or exigent circumstances, applies. This is known as a _______warrant.
Steagald
79
293) "________ _________" means an emergency situation requiring swift action to
prevent imminent danger to life or serious damage to property, or to forestall the imminent escape
of a suspect or the destruction of evidence or property..
exigent circumstances
80
294)________ _________ is physically chasing after the suspect
hot pursuit
81
295) _____ _________ is conducting an immediate, uninterrupted, continuous investigation.
fresh pursuit
82
296) Although the "knock and notice" requirements for making arrests (Pen. Code, § 844 ) and
executing search warrants (Pen. Code, § 1531 ) are generally the same, there is one
requirement which is unique to arrests. For the arrest situation, you must always have
"_________ ________" that the suspect is actually inside the premises at the time you enter
reasonable grounds
83
297) The "knock and notice" requirements will be excused under certain limited circumstances.
For instance, you will not have to comply with section 844 if you are aware of facts making it
reasonable to believe:
- that the suspect is ________ and will use his weapon; or
- that ________ will be destroyed; or
- that the suspect will _______; or
- that you are in immediate hot ________ (i.e., that he sees you and knows your purpose).
- armed
- evidence
- escape
- pursuit
84
298) Incident to a lawful, custodial arrest, you are entitled to search the arrestee’s person
and area around him, that is, the area and objects that are under his _________ control. This generally means the area within ________ reach of the arrestee--the nearby physical area from which he, in theory, could grab a weapon or destroy or conceal evidence.
- control
| - arm’s
85
299) a search will be valid as incident to an arrest only if the search and arrest were carried out
"_________." This means they must occur at the same location and at approximately the same time, although either may precede the other slightly.
contemporaneously
86
300) "________ _______ _______"means that in addition to demonstrating a fair probability that the search will result in the discovery of evidence of a crime, the affidavit must also show that the need for the evidence outweighs the reasonably foreseeable danger and
intrusiveness of the procedure. (Body cavity searches)
probable cause plus
87
301) ____________ scrapings may also be taken from a suspect against his
will and without a warrant since the intrusion is technically non- existent or so minimal
and the exigency of the evidence being lost is so high.
fingernail
88
302)___________ ___________ is not brutal or excessive force, but rather only the degree
of force which is necessary to overcome the suspect's resistance.
reasonable force
89
303)officers may use reasonable force, i.e., the amount necessary to overcome a suspect's
resistance, to obtain a ______________ sample from a person suspected of DUI or other offense.
blood
90
304) Police may attempt to prevent swallowing by exerting minimal pressure in the neck area,
so long as such pressure does not ________ or otherwise impair the suspect's breathing.
choke
