Search and Seizure

Question 1

If Ofc. Jones seizes evidence that is subject to suppression under the Exclusionary Rule, the evidence may still be admissible under what exception?

Answer 1

Inevitable discovery exception

Question 2

As a result of Mapp v Ohio, the U.S. Supreme Court ruled that the police illegally obtained evidence during their police investigation. This landmark decision introduced the following court oversight decision?

Answer 2

Thw Exclusionary Rule

Question 3

Case law has provided guidelines for police officers during traffic stops. a Police is authorized to do the following

Answer 3

Ask the operator to get out of the vehicle
Ask the occupants to get out of the vehicle
ask the operator to provide his license, vehicle registration, and insurance

Question 4

During a Traffic Stop what is an officer not authorized to do ?

Answer 4

Conduct a pat down of the operator

Question 5

If a police officer conducts an illegal search that results in the confiscation of evidence, it may result in what ?

Answer 5

At the suppression hearing, if it is determined that evidence was illegally obtained by the police, the judge will dismiss the charges

Question 6

if a officer conducts an illegal search that results in the confiscation of evidence, what two things may happen?

Answer 6

The officer can be sued for violating the defendants’s constitutional rights
The evidence will not be allowed to be admitted into the trial of the defendant

Question 7

A police officer may seize evidence that is in plain view if he/she

Answer 7

Is on the property legally and views items subject to seizure

Question 8

Katz v U.S. was one of the first court rulings which began to define a citizen’s

Answer 8

Reasonable expectation of privacy

Question 9

State the following statements about probable cause

Answer 9

Probable cause can exist under the “Totality of the circumstances”
Probable cause includes all facts and circumstances developed by officers
Probable cause includes all facts and circumstances that lead a reasonable person to believe a crime has been committed and items subject to seizure are present at a particular location

Question 10

A homeowner’s expectation of privacy extends to the land and buildings adjacent to a home. These areas are called what ?

Answer 10

Curtilage of the home

Question 11

A fleeing suspect who discards contraband is subject of a lawful seizure when?

Answer 11

It was discarded after the officer established reasonable suspicion of criminal activity and gave chase.

Question 12

When a police department is executing a valid search warrant of a home the police may do what

Answer 12

After knocking, announcing their purpose and waiting a reasonable period of time, the officers can forcefully enter the home
The officers can search all locations in the premises where the items identified in the search warrant might reasonably be found
the officers can conduct a pat down search of every person in the residence

Question 13

What can an officer NOT do when executing a valid search warrant on a home unless noted on the search warrant?

Answer 13

The officer can not conduct a full search of the owner of the property

Question 14

Sources for the legal rules governing search and seizure are found in which of the following places ?

Answer 14

Pa Constitution Article 1 section 8
Us Constitution 4th Amendment
Pa Rules of Criminal Procedures

Question 15

Exigent Circumstances provides for warrantless searches of house and vehicles. What are exigent circumstances?

Answer 15

Destruction of evidence while police are attempting to obtain a warrant
Police observe a serious assault taking place inside a dwelling
A fleeing felon being pursued by police who enters his apartment to hide from police

Question 16

What is Not an exigent circumstance?

Answer 16

Uncooperative witness who is argumentative with police and refuse to give details and runs back into his apartment

Question 17

A valid Consent to a search is best described as what?

Answer 17

An officer had the subject sign the consent to search form before starting the search of the suspect’s vehicle

Question 18

What are police required to do after completing a search ?

Answer 18

Provide a receipt for the seized property, tag and document movement of property, List inventory, return sealed affidavit to local magistrate

Question 19

In the Commonwealth of Pa, The fact that a vehicle is mobile is not in itself “exigent circumstances”for a warrantless search. Police must show what?

Answer 19

Probable Cause must be observed
No time to get a search warrant
The vehicle is or was in a public place

Question 20

During suppression hearings the burden of proof falls on who?

Answer 20

Always on the Commonwealth

Question 21

PA courts have rejected the constitutionality of what exception/rule ?

Answer 21

The good faith exception of the exclusionary rule

Question 22

What must you do if you want to search something and it is not on a search warrant?

Answer 22

You must get written consent

Question 23

When searching a property for items where should you search ?

Answer 23

Only search where items would be reasonable at.

Give Example

Question 24

What is the 4 corners of a warrant?

Answer 24

if you want to search it it must be on the warrant there is no black and white area

Question 25

What is the definition of Contraband?

Answer 25

Items that are illegal to possess

Question 26

After an issuance of a search warrant by the district Judge, How long do you have to execute the search ?

Answer 26

48 hours

Question 27

A Day warrant must be completed between what hours ?

Answer 27

0600-2200

Question 28

A night time warrant may be executed between what hours?

Answer 28

2200-0600

Question 29

What should you always do to cover your ass

Answer 29

Get a search warrant

Question 30

Can the Pa Constitution be more strict then the U.S. Constitution? Weaker?

Answer 30

Yes

No

Question 31

Give me examples of exigent circumstances to enter a home without a search warrant

Answer 31

Threat of serious bodily injury
Armed Subject Being chased and enters home
Possible destruction/removal of evidence

Question 32

During a suppression hearing the police and defendant have to testify. True or False? Why?

Answer 32

False. Defendant never has to testify bc the burden of proof is always on the commonwealth

Question 33

During execution of a search warrant the item you are searching for is a 67” flat screen Tv. What places shouldn’t you search for the tv?

Answer 33

Wallet Dresser drawers any place a tv would not fit

Question 34

When your executing a search warrant and all items are properly seized that were searched for what happens.

Answer 34

The Search automatically stops and is completed