Search And Seizure

Question 1

Reasonable suspicion

Answer 1

Is a standard established by the Supreme Court in 1968 case in which it ruled that police officers should be allowed stop and briefly detain a person if, based upon the officers training and experience, there is reason to believe that the person has committed, is committing or is about to commit a crime. The officer is given the opportunity to freed the action by stepping in and investigate

Question 2

Probable cause

Answer 2

Is when a officer is pissed of sufficient facts and circumstances as would lead a reasonable person to believe that a crime has been committed, is being committed, or is about to be committed and a particular person committed it. Also, evidence or contraband relating to criminal activity will be found in the location to be searched

Question 3

What does the fourth amendment guarantee.

Answer 3

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

Question 4

What searches are not govt intrusions into a person’s reasonable expectation of privacy

Answer 4

1. Pat down/frisk
2. Rummaging through home or car
3. Search incident to arrest (SITA)

Question 5

Define seizure

Answer 5

When the government takes possession of a persons property

Question 6

Search and seizures are legal under the 4th amendment if

Answer 6

1. Police have PC to believe a crime occurred and it would help uncover relevant evidence.
2. 4th am b pertains to all police (including DA) does not apply to non -govt Entities ( citizens, PI, security guards )

Question 7

NRS 171.1232

Answer 7

Search to ascertain presence of dangerous weapons ,seizure of weapons or evidence

If a officer believes the person who is detained is armed with a dangerous weapon and is a threat to the safety of the officer it is legal to do a search

Question 8

Name the types of searches

Answer 8

• Terry frisk
• consent
• SITA
• Warrant
• Field/Article
• Student
• Border

Question 9

What is a search warrant

Answer 9

A court order allowing police to search a private location for evidence. Judge can only issue search warrant if PC exists that a crime occurred.

Mere suspicion is not enough

Question 10

What must an application for a search warrant include.

Answer 10

*a police officers oath or affirmation.

• Detailed descriptions of locations to be searched

*details of items to be searched

Question 11

What can make a search warrant invalid

Answer 11

Courts make mistake/officer lied about the PC/warrant was unspecific or over road/issuing judge was not neutral

If police stay from limits it warrant

Question 12

Seven exceptions to NV search warrant requirement

Answer 12

1. Consent (must be freely and voluntary without coercion and can resend anytime )
2. SITA ( following arrest, police may search arrestees body and area within the arrested immediate control. May seize relevant evidence, weapons and contraband)
3. Terry Stop (reasonable suspicion for pat down for weapons for officer safety purposes)
4. Plain view ( if have authority to search a location for one crime, they can seize evidence for other crimes in plain view.
5. Plain smell
6. Exigent circumstances (emergency Situations like life or death, hot pursuit. , destruction of evidence)
7. No reasonable expectation of privacy ( abandon vehicles, trash, stolen vehicle )
8. Automobile exception ( PC search of vehicle, I.e. RAS K-9 alert, smell of narcotics, plain view of drugs, driver admission of guilt)
9. Inspection (DUI checkpoint, airport security, border search, health inspection)
10. Impound inventory ( not a search)