Search 3

Question 1

6 things warrants require

Answer 1

• Consent searches
• Search incident to arrest
• Certain vehicle searches
• Emergence searches
• Supervisory workplace searches
• Searches of students by school officials

Question 2

Consent searches

Answer 2

Voluntariness, Lawful possession, warning of rights, proof of consent and receipt and certificate

Question 3

Search of a person

Answer 3

Incident to a lawful arrest
Consent
With a search warrant

Question 4

Search incident to arrest

Answer 4

The authority to search, following a full custody arrest, is an exception to the warrant requirements

Question 5

Threshold requirements

Answer 5

There must have been a lawful custodial arrest

The search should be made at the time and place of the arrest

Question 6

Scope of search

Answer 6

Following a lawful arrest, an officer is entitled in all cases to search persons within his immediate control

Question 7

Intensity of the search

Answer 7

A search that Leeds to an arrest to protect the officer and to preserve evidence and prevent escape

Question 8

Use of force

Answer 8

Must be reasonable

Question 9

Protective sweep

Answer 9

Upon lawful arrest the officer may conduct a search of the premises if he has reasonable suspicion

Question 10

Inventory of personal property

Answer 10

Personal property removed from a person who has been arrested and stored for safe keeping

Question 11

Vehicle ID number examination

Answer 11

There is no expectation of privacy in a vehicle ID number

Question 12

Vehicle exception

Answer 12

Carroll doctrine

Question 13

Carroll doctrine

Answer 13

Search on reasonable belief the vehicle contains contraband

Question 14

Justification (Carroll doctrine)

Answer 14

Vehicle may be searched without a warrant of reduced expectations of privacy.

Question 15

Search incident to arrest in vehicle

Answer 15

Police may search a vehicle incident to a recent occupants arrest, only if the arrestee is within reaching distance of the passenger

Question 16

Frisk type search

Answer 16

Police officers may stop a vehicle for investigative purposes based on facts to obtain a warrant of criminal conduct of the occupant of the vehicle

Question 17

Inventory

Answer 17

An inventory is different than a search, it protects the owner property from theft or damage

Question 18

Inventory threshold requirements

Answer 18

Police must take custody of the vehicle

The inventory must be done pursuant to department policy

Question 19

Scope of the inventory

Answer 19

Extends to the entire vehicle plus containers if it is consistent with the care taking purpose

Question 20

Emergency searches

Answer 20

The delay to obtain a search warrant may place people in jeopardy or defeat the purpose of the warrant

Question 21

Exigent circumstance doctrine

Answer 21

Exception to the 4th amendments protection against searches conducted with prior approval

Question 22

Immediate warrantless search is justified in the following

Answer 22

To protect life and safety, exceptions to warrant requirements for entry and to preserve evidence being destroyed or removed

Question 23

Crime scene searches

Answer 23

Crime scenes may not present such exigent circumstances that will permit a warrantless search of the entire premises

Question 24

Warrantless search at workplace

Answer 24

Search of a govt employees desk or file cabinet by a supervisor is reasonable

Question 25

Warantless search of a school

Answer 25

Search of students or the school is reasonable for safety to be maintained