NM Attorney Gen Search/Seizure

Question 1

The community caretaker doctrine applies to a warrantless Stop of What? 

Answer 1

Stop of a vehicle

Question 2

An approach by an officer in a non-Coercive manner during which the person is free to leave is considered what? 

Answer 2

Consensual encounter

Question 3

A full scale arrest must be supported by what?

Answer 3

Probable cause

Question 4

Something less than probable cause but more than intuition or in articulable hunch is what?

Answer 4

An investigatory Stop or Terry Stop supported by reasonable suspicion

Question 5

An investigatory stopped occurs when?

Answer 5

An officer briefly detains and investigates a person based on reasonable suspicion of criminal activity

Question 6

An expanded investigatory Stop may become a what? 

Answer 6

A de facto arrest 

Question 7

At the point the stop becomes an arrest, it must be justified by _____ _____ Rather than the reasonable suspicion required for the investigatory stop

Answer 7

Probable cause

Question 8

When may an OFC frisk or Pat down a person for weapons?

Answer 8

Only when circumstances give the officer Justification for believing the individual may be armed and dangerous

Question 9

To conduct a valid search incident to arrest, an officer must have what?

Answer 9

Probable cause to arrest

Question 10

A person who has been lawfully arrested is subject to what type of search prior to booking?

Answer 10

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

Question 11

What is the purpose of searching a vehicle incident to arrest?

Answer 11

Based on the need to protect the safety of the arresting officer from the possibility that the person arrested is concealing a weapon

Question 12

Search incident to arrest is limited to what? 

Answer 12

A protective sweep of the area of the vehicle immediately accessible to the occupants of the vehicle. 

Question 13

The reasonableness of an inventory search requires the scope of the search to be limited to the purposes for an _______? 

Answer 13

Inventory

Question 14

When conducting an inventory search of a vehicle can an officer search inside a container briefcase or backpack?

Answer 14

Yes

Question 15

What is the purpose of an inventory search?

Answer 15

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

Question 16

If an officer locate contraband during an inventory search what doctrine would they follow and seizing the items

Answer 16

Plain view doctrine

Question 17

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

Answer 17

Plain view doctrine

Question 18

When conducting a protective sweep what can an officer search?

Answer 18

Search of the area within the arrestees immediate control 

Question 19

An officer hearing a person in danger or fear of loss of life may enter a residence without warrant under what doctrine

Answer 19

Emergency assistance doctrine

Question 20

What is the purpose of conducting a protective sweep Of a residence

Answer 20

The safety of officers or others

Question 21

In addition to a protective sweep, when making a lawful arrest, officers may conduct a _____? 

Answer 21

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 

Question 22

The emergency assistance doctrine may justify a warrantless entry into a place only if each of the 3 following requirements are met

Answer 22

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

Question 23

What are the exceptions to a misdemeanor arrest that occurred outside of an officers presence

Answer 23

DWI and domestic violence

Question 24

For a felony arrest and OFC needs What two circumstances?

Answer 24

Probable cause plus exigent circumstances