NM Attorney Gen Search/Seizure Flashcards
The community caretaker doctrine applies to a warrantless Stop of What? 
Stop of a vehicle
An approach by an officer in a non-Coercive manner during which the person is free to leave is considered what? 
Consensual encounter
A full scale arrest must be supported by what?
Probable cause
Something less than probable cause but more than intuition or in articulable hunch is what?
An investigatory Stop or Terry Stop supported by reasonable suspicion
An investigatory stopped occurs when?
An officer briefly detains and investigates a person based on reasonable suspicion of criminal activity
An expanded investigatory Stop may become a what? 
A de facto arrest 
At the point the stop becomes an arrest, it must be justified by _____ _____ Rather than the reasonable suspicion required for the investigatory stop
Probable cause
When may an OFC frisk or Pat down a person for weapons?
Only when circumstances give the officer Justification for believing the individual may be armed and dangerous
To conduct a valid search incident to arrest, an officer must have what?
Probable cause to arrest
A person who has been lawfully arrested is subject to what type of search prior to booking?
An inventory search which includes authority to open and search containers found on the person or in the persons clothing at the time of arrest
What is the purpose of searching a vehicle incident to arrest?
Based on the need to protect the safety of the arresting officer from the possibility that the person arrested is concealing a weapon
Search incident to arrest is limited to what? 
A protective sweep of the area of the vehicle immediately accessible to the occupants of the vehicle. 
The reasonableness of an inventory search requires the scope of the search to be limited to the purposes for an _______? 
Inventory
When conducting an inventory search of a vehicle can an officer search inside a container briefcase or backpack?
Yes
What is the purpose of an inventory search?
Protect the contents of the vehicle from Los or theft, as well as to avoid claims of loss and death, seizure of items found during an inventory search is not automatic
If an officer locate contraband during an inventory search what doctrine would they follow and seizing the items
Plain view doctrine
Under the ____ _____Doctrine, an officer conducting a valid inventory search of the vehicle may seize any items found during the search that are immediately identifiable as contraband or other evidence of a crime
Plain view doctrine
When conducting a protective sweep what can an officer search?
Search of the area within the arrestees immediate control 
An officer hearing a person in danger or fear of loss of life may enter a residence without warrant under what doctrine
Emergency assistance doctrine
What is the purpose of conducting a protective sweep Of a residence
The safety of officers or others
In addition to a protective sweep, when making a lawful arrest, officers may conduct a _____? 
Search incident to arrest- A Search of the area within the arrestees immediate control. This search is limited to the area immediately accessible to the arrestee 
The emergency assistance doctrine may justify a warrantless entry into a place only if each of the 3 following requirements are met
Officers must have a reasonable grounds to believe if there’s an emergency at hand and an immediate need for their assistance for the protection of life or property. Officers have a strong sense of emergency
Officers must not be primarily motivated by intent to arrest and seize evidence
Officers must have some reasonable basis approximating probable cause to associate emergency with the area or place to be searched
What are the exceptions to a misdemeanor arrest that occurred outside of an officers presence
DWI and domestic violence
For a felony arrest and OFC needs What two circumstances?
Probable cause plus exigent circumstances
