Lombos - Search & Seizure - Miscellaneous Flashcards
367) Border Patrol agents may stop travelers at the border, or near the border at its “functional equivalent,” without _____ _____ or reasonable suspicion.
probable cause
368) Border Patrol agents may operate roving patrols anywhere but need “_______ _______” of criminal activity before they may make a lawful detention.
reasonable suspicion
369) The Functional Guidelines for Sobriety Checkpoints are: Supervisory Level Decisions, _____ Formula, Safety Precautions, Reasonable ______, Time and Duration, Indicia of Roadblock, Length and Nature of _______, and Advanced Publicity.
Neutral
Location
Detention
370) AIRPORT SEARCHES - Routine metal-detector searches of passengers and X-ray searches of their carry-on and checked luggage- Even though such searches are not supported by “_______ _____” or even “______ _________,” they nevertheless typically have been found lawful (“reasonable”) because of the strong interest in preserving public safety and preventing hijacking, balanced against the limited nature of the intrusion.
probable cause
reasonable susp
371) Sniffing Is Not a Search- Normally, the use of a dog is such a limited and non-intrusive olfactory investigation that it does not constitute a “_______.”
search
372) Provides Probable Cause Only - It is important to realize that even a “reliable” dog’s positive reaction to a suitcase or other object only provides probable _______ to search but not, by itself, justification for a warrantless search.
Cause
373) Probation/Parole/PRCS- PRCS applies to prisoners whose current offenses are non-violent, non-serious, and non-PC § 290 (called __ or “Non/Non/Non”).
N3
374)If an adult or juvenile is on _______ probation, you may search that person and any property under his or her control without any particularized suspicion and without first contacting the probation officer.
searchable
375) It is necessary for the probationer to be physically present when a search is conducted. True or False?
False
376) Under California case law, you do not need to contact the suspect’s probation officer before conducting a search, as long as the condition permits a search “by any law enforcement officer” or “any peace officer” True or False?
True
377) The only limitations to a valid probation search, of either adults or juveniles, are that you may not undertake a probation search for purposes of ______ or for “arbitrary and capricious” reasons and you may not conduct the search in an unreasonable manner; for adult probationers, you may not exceed the scope of the search condition.
harassment
378) A parolee need not be present during the search of his property or premises. He may, in fact, be in custody. [returned to prison on parole hold [in jail on new crime].) The search condition remains in effect until either (1) parole is formally ________ in a due process hearing or (2) the parolee is ______ from parole
Revoked
discharged
379) To rely on a parole search condition as authority for a search of a parolee’s residence, officers must have had prior _______of the defendant’s parole status.
knowledge
380) With regard to searching a _____ or probationer’s residence, the “knock and notice” requirements apply, although they may be excused entirely or only substantially complied with, depending on the circumstances.
parolee’s
381) Because you have the power to enter the residence of a parolee or a probationer (who has a search condition) and conduct a search–even if the parolee or probationer is not at home–at least one court has ruled that you may also enter, on the strength of the search condition, for the purpose of making an arrest , assuming, of course, that you have probable cause to arrest: True or False?
True