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LVMPD SGT EXAM > Search and Seizure > Flashcards

Search and Seizure Flashcards

1
Q

The fourth amendment protects an expectation of privacy that must be both

A
  1. Reasonable

2. Legitimate

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2
Q

It is the policy the department to strictly adhere to what?

A

The constitution of the United States specifically the fourth amendment

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3
Q

Objective words or actions which clearly show that a person has disclaimed ownership, dominion, and control over it real or personal property

A

Abandonment

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4
Q

These are “policy justified” searches that do not require reasonable suspicion or probable cause. However, the intrusion in such cases must be brief and slight, and the determination of who to stop must be made according to some articulable, non-arbitrary standard and comply with NRS 484B.570.

A

Administrative Checkpoint

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5
Q

Warrant issued by a judge on the application of an administrative agency. Administrative agencies with enforcement powers seek administrative warrants to search for contraband or other evidence of non-compliance with the law.

A

Administrative Search warrant

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6
Q

A common law exception to the fourth amendment based on the publics expectation that law-enforcement may take action to save a life or render aid

A

Community caretaking doctrine

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7
Q

A non-investigative entry into a vehicle, structure, or curtilage to satisfy a legitimate community concern

A

Community caretaking search

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8
Q

Entry by invitation by a person with standing

A

Consensual entry

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9
Q

Agreement, approval, or permission to act. A person giving consent must do so freely and voluntarily. A person consenting must: Be informed, not coerced, have actual authority or apparent authority, and have the ability to revoke consent at any time during the search.

A

Consent

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10
Q

Person giving consent must be freely and voluntarily given. A person must do what for things for consent to be Legal?

A
  1. Be informed (tell the subject what is being searched for)
  2. Not coerced
  3. Have actual authority or apparent authority(“standing”).
  4. Have the ability to revoke consent at any time during the search
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11
Q

Considerations in determining whether an area is curtilage and subject to the protections of the fourth amendment are:

A
  1. Proximity of the area to the home
  2. Whether the area is included in an enclosure which surrounds the home
  3. Nature of uses to which an area is put
  4. Steps taken to protect the area from observation from passersby
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12
Q

The legal protection associated with curtilage is always determined in favor of who

A

The property owner, not law-enforcement

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13
Q

An order used in conjunction with a telephonic search warrant application and affidavit directing officers to search a particular place and or seize persons or things

A

Duplicate Original search warrant

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14
Q

A method for obtaining a search warrant which uses the Internet to Send and receive a search warrant application and affidavit to or from a judge.

A

Electronic search warrant

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15
Q

Occurs when there is probable cause that a person who is wanted for a serious felony is inside a Home or other private place and is about to Flee (not to be confused with hot pursuit)

A

Fresh pursuit

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16
Q

The Surreptitious Installation and use of a GPS device, pursuant to a search warrant

A

GPS covert deployment

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17
Q

The collection of past GPS data for a designated time period

A

GPS historical data

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18
Q

Receiving GPS and or RF data in real-time

A

GPS live monitoring

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19
Q

And electronic device Designed to provide approximate geographic location and information

A

GPS tracker

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20
Q

A sub-category or “exigent circumstances” allowing entry in to a structure when there is probable cause to believe a dangerous person has committed a serious felony. The suspect is fleeing from Law Enforcement and the officer has direct knowledge of the suspect’s location. (not to be confused with fresh pursuit.)

A

Hot pursuit

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21
Q

Investigative emergency search is a warrantless search which requires probable cause to do one of three things:

A
  1. Prevent the destruction of evidence of a serious felony offense
  2. Affect the warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended
  3. Hot or fresh pursuit
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22
Q

Request for an order contained within the body of a search warrant that authorizes an affiant to Serve a search warrant at anytime of the day or night

A

Nighttime service request

23
Q

What a person knowingly exposes to the public is not protected by the fourth amendment no matter where the exposure takes place

A

Open view

24
Q

Plainview is an exception to the search warrant requirement that must satisfy these three requirements

A
  1. The officer must be in a position in which he has a legal right to be
  2. The items must be immediately recognizable as contraband or evidence; and
  3. The seizure must be made without substantial additional intrusion
25
Q

Entry into a premise, with probable cause but without a search warrant, for the purpose of clearing persons and securing the premise in anticipation of obtaining a search warrant.

A

Premise freeze

26
Q

What is the standard on a probable cause search?

A

A “fair probability”

27
Q

What is a Police intrusion on a reasonable and legitimate expectation of privacy?

A

A search

28
Q

What is an order used in conjunction with a written application and affidavit directing officers to search a particular place and or seize persons or things?

A

Search warrant

29
Q

A sworn statement presented to a judge whether written or verbal is supporting the issuance of a search warrant

A

Search warrant application and affidavit

30
Q

In inventory of items sees pursuant to the execution of a search warrant return to the court within 10 calendar days of the courts authorization

A

Search warrant return of service

31
Q

A POLICE interference with an individuals freedom of movement by means of physical force or show of authority or meaningful interference with an individual’s possessory interests in property.

A

Seizure

32
Q

Standing contains four elements:

A
  1. Authority
  2. Dominion
  3. Control
  4. Access to the place or items searched
33
Q

Search by a government agent, without justification, that constitutes an unreasonable intrusion into an area protected by the fourth amendment including a persons residence, curtilage, vehicle, papers or effects?

A

Trespass by government agents

34
Q

An order obtained in conjunction with a search warrant that authorizes an affiant to “turn over” property seized during service of a search warrant to another jurisdiction

A

Turn over order

35
Q

Exceptions related to criminal investigations were the fourth amendment does not apply are what six things?

A
  1. Open view
  2. Person has no standing
  3. Trash searches outside the cartilage
  4. Detention facilities
  5. Abandoned property
  6. Searches by a private citizen not acting as an agent of the government
36
Q

Courts recognize what situations as a distinct non-criminal investigative function of law-enforcement

A

Check the welfare

37
Q

Check the welfare functions are justified under what?

A

The community caretaking doctrine

38
Q

An entry into a structure conducted under the community care taking doctrine is limited in scope. If the search reveals that no ____ _____ _____ exists, officers must stop searching immediately.

A

life safety issues

39
Q

While some courts have taken a more expansive view of the community caretaking doctrine, Is the policy of LVMPD to limit the doctrine to what?

A

Welfare checks and traffic stops, i.e.: stop someone from driving too slow because they may be in a medical distress

40
Q

Investigative detentions, AKA reasonable suspicion stops or Terry stops allow an officer to stop a person to ascertain their

A
  1. Identity

2. Purpose

41
Q

The determination to impound a firearm for safekeeping should be for one of two things:

A
  1. Life safety

2. To determine ownership such as when a firearm is found property

42
Q

What are the three types of warrantless searches of persons?

A
  1. Consensual search
  2. Pat down
  3. Search incident to arrest
  4. Personal property inventory search during arrest
43
Q

All strip searches will be conducted by correction officers of the same…

A

Gender as the suspect

44
Q

What is the preferred method to collect evidence for a DUI?

A

A voluntary breath sample

45
Q

It is the policy that apartment that the collection of blood samples may be obtained either

A

With consent or a search warrant

46
Q

Pursuant to the law., Vehicles may be searched under the following circumstances when probable cause exists that evidence is contained in a vehicle

A
  1. Search pursuant to a search warrant
  2. Vehicle is readily mobile
  3. Consensual search
47
Q

Pursuant to a law., Vehicles maybe search under the following circumstances when there is no probable cause that evidence is contained in the vehicle

A
  1. Protective frisk for officer safety
  2. Inventory
  3. Consensual search
  4. Vin inspection
48
Q

Can you search locked and unlocked containers in a vehicle during a probable cause search?

A

Yes

49
Q

For a frisk of a vehicle for weapons the following things must exist

A
  1. The suspect must be re-entering the vehicle after the traffic stop
  2. Officer must be able to articulate reasonable suspicion that a weapon is contained in the vehicle
  3. Frisk must be contained to the area of the vehicle where the person would have immediate access
  4. May only search unlocked compartments or areas where a weapon may be present
50
Q

For what reason are vehicle holds placed on a vehicle?

A

For the purpose of obtaining a search warrant

51
Q

What is the Payton rule?

A

Absent exigent circumstances or consent, officers are required to have either an arrest warrant or a search warrant to enter a structure for the purpose of making a probable cause arrest.

52
Q

As the Steagald rule, absent exigent circumstances or consent officers are required to obtain a search warrant to enter a structure owned by who for the purposes of serving an arrest warrant or to make a probable cause arrest

A

A third party

53
Q

The search warrant for a third-party residence requires that

A
  1. Officers have probable cause to believe the suspect is located within the structure
  2. And the showing of why it is reasonable to make entry into the structure instead of waiting for the suspect to exit

LVMPD SGT EXAM (18 decks)

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