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Test 1 Materials > Search and Seizure > Flashcards

Search and Seizure Flashcards

1
Q

Seizure

A

taking a possession or arresting a person, affects possessory interest

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2
Q

Search

A

governmental intrusion into an area someone has a reasonable expectation of privacy, affects privacy interests

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3
Q

Warrant requirements apply to:

A

The government and it’s agents (i.e. us)

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4
Q

Exceptions for warrants

A

plain view, emergency circumstances, permission (consensual search), good faith (honest mistake), bad warrant (would have found anyway)

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5
Q

To search legally: (acronym)

A

CREW

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6
Q

C.R.E.W.

A

Consent
Recognized Exceptions
Warrant

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7
Q

4th Amendment

A

Unreasonable / warrantless search and seizure

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8
Q

What constitutes a search?

A
  • was the gov’t involved?
  • has the individual by his conduct exhibited an actual expectation of privacy?
  • Individual expectation that society is prepared to recognize as reasonable
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9
Q

Plainview

A

knowingly exposing evidence to the public (severed head in the backseat)

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10
Q

Reasons for warrantless seizure

A
  1. legitimately on the premises
  2. Discover evidence / fruit of crime / contraband in plain view
  3. Officer must have probable cause to believe evidence is contraband (no noodling!)
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11
Q

Reasonable Suspicion: Detentions

A

can detain at reasonable suspicion to see if they “might” or “has” done it (considered a seizure of persons)

What crimes do I see, what facts support it, more than hunch. All observations have to be made prior to the stop.

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12
Q

Probable Cause: Detentions

A

an officer believes they have evidence to establish they “probably” committed a crime, (seizure of evidence and persons - arrest)

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13
Q

Terry v Ohio (Searches)

A

established purpose and permissions for seizure of persons potentially engaged in criminal activity via investigatory detentions
first have to stop because you believe a crime is afoot
armed and dangerous, officer safety

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14
Q

Sources for Probable Cause

A

personal observations of officer, information from witnesses / confidential informants, hearsay (if properly documented)

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15
Q

Importance of documentation

A

If you don’t document what happened, it didn’t happen according to the courts

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16
Q

Types of Citizen Contacts

A

Consensual, Investigatory Stop, Stop and Frisk (only for officer safety), Arrest

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17
Q

Investigatory Detention

A

Must have articulable reason why you detained subject, must fall within a reasonable time frame, cannot move suspect (movement = arrest)

purpose of suspicion is reasonable

scope and character

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18
Q

To detain

A

you must think and be able to say why you think something criminal is happening

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19
Q

To frisk

A

identify and articulate why you think they are armed and pose a risk to your safety

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20
Q

Terry Frisks are not searches T or F

A

False, searching for weapons even for officer safety is “invading privacy”, but you only need reasonable suspicion

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21
Q

Frisks are not for evidence collection T or F

A

True! Mini searches require PC for anything other than weapons, so NO NOODLING

22
Q

Seizure of a person

A

if a reasonable person would believe they are not free to leave

23
Q

3 prong test for reasonable suspicion

A
  1. What crime do I see?
  2. What facts do I see to support step 1?
  3. Is this a hunch?

Facts must be established before initiating the stop

24
Q

Probable Cause Affidavit

A

what officers know about a crime and how, statement of evidence of the crime to the point they are presently at, judge must approve for a warrant

25
Q

Warrantless Car Searches

A
  1. Automobile Exception - “inherent mobility”
  2. Search Incident to Arrest - “Officer Safety”
  3. Inventory Search - preventing lost or stolen items
  4. Protective Sweep for Weapons - “Officer Safety”
26
Q

Automobile Exception for Searches and the Scope

A

inherent mobility, there is probable cause that there is evidence of the crime or contraband in the vehicle or the car is the instrument of a crime, conducted due to the ability of the suspect and evidence to leave.

Scope: entire car including trunk and containers

27
Q

Search Incident to Arrest and Scope of Search

A

Search to prevent suspect from re-entering vehicle and obtaining weapons to attack the officer, not for evidence collection.

Scope: Entire passenger compartment and any contents capable of concealing a weapon (glove box and center console)

28
Q

Inventory Search and Scope

A

Search to prevent claims of lost or stolen items, legally impounded vehicles can be searched and inventoried with no PC or RS. Must have a standardized departmental policy.

29
Q

Protective Sweep of Vehicle and Scope

A

Must have articulable belief there are weapons in the car, search may continue for as long as officer is in danger (when suspect is secured in patrol car exigency ends)

Scope: passenger compartment only, not for evidence

30
Q

Plainview applications on officer safety searches

A

plain view applies to any contraband found during officer safety searches, cannot search trunks or locked containers during safety sweeps

31
Q

Legal Standing to Contest Illegal Search and Seizure

A

Only the person whose rights were violated has standing to contest a government violation

Must have possessory interest in the property seized or legitimate privacy interest in area searched

32
Q

Home is our castle principle

A

private residences enjoy the highest expectation of privacy

33
Q

Temporary Residences

A

Hotel / Motel Rooms, Campsites

Granted same protections as private residences

34
Q

Temporary Residence Exceptions

A

Abandonment - flight from hotel room
Plain view - contraband in tent with no rain fly
End of term or lease - they are occupying a hotel room they no longer have reserved

35
Q

T or F: Garages are treated similarly to houses under the 4th Amend.

A

True

36
Q

T or F: Tents on public land still have a reasonable expectation of privacy

A

True, US v Sandoval

37
Q

Curtilage

A

Area outside of a residence normally used for living purposes (porches, fenced yards)

38
Q

Plain view - Residences

A

officers legitimately on premises, evidence / contraband can be seen without aid

39
Q

Expectation of privacy - residences

A

No expectation of privacy to things voluntarily exposed to public view (open curtains, murdering someone in your living room)

40
Q

Exigent Circumstances

A

PC of an ongoing crime, medical emergency, or destruction of evidence

41
Q

Consensual Entry

A

permission from someone with legal authority to give it, allows entry to residence for search (they can place limitations on consensual searches or revoke consent at any time)

42
Q

Exceptions for Residential Warrant Requirements

A

Consent, Plain view, exigent circumstances

43
Q

Examples of Exigent Circumstances

A

Physical harm to officers or others, Destruction of evidence, escape of a suspect, emergency aid

44
Q

Entry to secure residence

A

allowed to prevent destruction of evidence or flight, may not search for evidence, detain residents / occupants outside until a warrant can be obtained.

45
Q

Rescue / Aid exception

A

Needing to assist a gravely injured person or someone being attacked, once aid is rendered and scene secured officers must secure residence and wait for warrant to search

46
Q

Protective Sweep of a residence

A

Searching for suspect to ensure they are not hiding in the residence, once residence is cleared, officers must secure and wait for a warrant

47
Q

Knock and Talk

A

making contact with occupants to try and seek consensual search / entry

48
Q

Exclusionary Rule

A

Admissibility of illegally obtained evidence, designed to deter police misconduct

49
Q

Exceptions to the exclusionary rule

A

Good faith mistake, independent source, inevitable discovery

50
Q

Interrogation

A

asking questions to illicit a response to incriminate while in custody

51
Q

Purpose of Miranda

A

protect suspects from compulsion in a police dominated atmosphere (5th amend - self incrim)

52
Q

Exceptions to Miranda Warnings

A

Routine booking questions, jailhouse informants, public safety (WHERE IS THE BOMB)

Test 1 Materials (11 decks)

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