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SGT Exam > Search And Seizure > Flashcards

Search And Seizure Flashcards

1
Q

Search and Seizure

T/F Fresh Pursuit - occurs when there is probable cause to believe who is wanted for a serious felony is inside a home or other private place and is about to flee

A

T

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2
Q

Search and seizure

T/F. Hot pursuit- A sub-category of “exigent circumstances” allowing entry into 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.

A

T

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3
Q

Search and seizure

3 aspects of an investigative emergency search. Remember this is a warrantless search which requires probable cause to…

  1. Prevent the destruction of evidence for a serious felony offense.
  2. effect a 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. …..

A) Hot pursuit
B) Fresh pursuit
C) Exigent Circumstances
D) both A and B

A

D

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4
Q

Search and Seizure

Can an item of contraband in Open View be seized?

A

No.

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5
Q

Search and Seizure

Plain view requires a legal reason for an officer to be in a place, an item of contraband to be clearly identifiable as contraband and the seizure (should/ must) be made without substantial additional intrusion.

A

Must

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6
Q

Search and seizure

  1. exceptions to the 4th Amendment
  2. Open View
  3. Person has no standing
  4. Trash searches outside curtilage
  5. Abandoned Property
  6. ….
  7. Searches by private citizens not acting as government agent

A. Detention Facilities
B. Airports
C. Vehicle exceptions

A

A

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7
Q

Search and Seizure

T/F Welfare checks are interactions justified under the community caretaking act

A

T

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8
Q

Search and Seizure

If during a welfare check, facts are revealed that indicate a crime has been committed an officer (may/may not) transition to a criminal investigation

A

May

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9
Q

Search and Seizure

Before making entry into a structure for community caretaking officers (must/should) notify a supervisor before using a lock smith or lock picking device.

A

Must.

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10
Q

Search and Seizure

If entry is to be made into a structure for a welfare check, the area supervisor (will/should) respond to the scene if feasible

A

Will

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11
Q

Search and Seizure

If officers damage property while forcing entry into a structure for a welfare check they must complete an Officer’s report (and/or) photograph the damage

A

AND

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12
Q

Search and Seizure

Investigative detentions allow for an officer to obtain IDENTITY and (PURPOSE; RESIDENCE)

A

PURPOSE

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13
Q

Search and Seizure

T/F. During an investigative detention, officers May ask for a person’s name, DOB and or SSN to ascertain their identity.

A

T

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14
Q

Search and Seizure; Traffic Stops

If a driver refuses to provide requested documents, they will be considered to be obstructive and a supervisor will be notified and respond to determine (how to proceed/the driver’s intent)

A

Determine how to proceed

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15
Q

Search and Seizure; types of seizures

When a firearm is impounded for safekeeping it could take in excess of (30/45) days to be returned.

A

30

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16
Q

Search and Seizure; types of searches

During consent searches. The person giving consent (must/should) be told what is being searched for.

A

Must.

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17
Q

Search and Seizure; types of searches

All strip searches (will/should)be conducted by a member of the same sex

A

Will

18
Q

Search and Seizure; types of searches

T/F. Strip searches will not be performed on persons who are subject to release without ever entering a general population.

A

T

19
Q

Search and Seizure; types of searches

Following a strip search the officer (will/should) document it in the DOAR or Impaired driving report

A

Will

20
Q

Evidentiary Blood Draw

Once a subject refuses consent for a blood draw, a search warrant will be obtained and (no further/further) attempts will be made to gain consent

A

No further.

21
Q

Body Cavity Searches

Body cavity searches (can/can not) be performed with consent.

A

Can not

22
Q

Body Cavity Searches

Will be performed by a physician or (trained officer/ other trained medical personnel)

A

Trained officer.

23
Q

Body Cavity Searches

These searches are invasive and are only reasonable when there is a reasonable risk of death or (overdose; substantial bodily harm) of the contraband is not removed.

A

Substantial bodily harm.

24
Q

Motor vehicle searches; search warrants

Electronically Recorded consent (should/must) include the date, time, event number, name of person giving consent, the type of investigation and a description of the location of the search. The recording must be preserved.

A

Must

25
Q

Motor vehicle searches; search warrants

If no DOAR is generated then a consent search will be documented (in an Officer’s Report/in CAD)

A

In CAD

26
Q

Motor vehicle searches; vehicle frisk

T/F. Locked containers may be frisked

A

F. They may not

27
Q

Motor vehicle searches;
Vehicle holds

These are approved by the investigative detail and can be done in person, via radio or over the (mdt/phone)

A

Phone

28
Q

Structure searches

For contraband items seen during a protective sweep (will/may) be seized under plain view but a warrant is preferred

A

May

29
Q

Written search warrants

A search warrant return must be sent to the court within (10; 15) days

A

10

30
Q

Written search warrants

If a warrant is denied the officer must notify their supervisor and the deputy DA who approved the warrant, they (can; can not) decide to find another judge

A

Can

31
Q

Telephonic search warrants

T/F. Supervisors can not find another judge if a warrant for a blood draw is denied.

A

T

32
Q

Electronic Warrants

Affiants (Will/should) include their phone number so the judge may contact them to swear them in.

A

Will

33
Q

Electronic Warrants

When a search warrant is denied the District attorney’s office (should/will) be notified.

A

Will

34
Q

Search warrants

If a warrant isn’t served in 10 days then it will be marked with “” on the top. 
A. Not served
B. Unservable 
C. Not applicable 
D. Void
A

A

35
Q

Search warrants

T/F. Requests for “keep the peace” at an administrative search warrant service by an administrative agency must be approved by a lieutenant and notification made to the watch commander.

A

T

36
Q

Search warrants

A no-knock search warrant must be approved by the SWAT captain (and/or) the deputy chief of the Homeland Security Division or their designees

A

And

37
Q

Administrative Warrants

Officers may respond to assist by creating a safe environment officers (will/will not) look for contraband or evidence to a crime

A

Will not.

38
Q

Administrative Warrants; supervisor

(Will/should) respond to the scene and assist with service of the warrant.

A

Will

39
Q

Administrative Warrants; supervisor.

T/F Will review the content of the warrant and ensuring a judge’s signature is affixed.

A

T

40
Q

Administrative Warrants; supervisor.

Prior to entering the structure, officers (should/will) announce their presence, the existence of a warrant to enter the structure, and give occupants a reasonable amount of time to exit the structure (consider utilizing the P/A system, if applicable).

A

Should.

41
Q

Administrative Warrants; supervisor.

Ensure an officer has a copy of the warrant, that the Event Number is written across the top and that it is uploaded onto (OnBase/Axon Capture)

A

OnBase

42
Q

Search and Seizure

The Search and Seizure Committee, chaired by the Internal Oversight and Constitutional Policing (IOCP) bureau commander, will convene (monthly/quarterly) to review and discuss search and seizure policy and training.

A

Quarterly

SGT Exam (26 decks)

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