Search and Seizure Flashcards
(Search and Seizure) The only person who can complain about an alleged police violation of the fourth amendment is a person whose own reasonable and legitimate expectation of privacy was intruded upon. This means that the person must have authority, dominion, control and access to the place or items searched is called what?
‘Standing’
(Search and Seizure) An unreasonable intrusion by an officer into an area protected by the 4th amendment including a person’s residence, curtilage, vehicle, papers or effects is called what?
‘Trespass by government agents’
(Search and Seizure) When will field strip searches be conducted?
Under the rarest of circumstances, where the life of officer or others may be placed at risk
- Only with the explicit approval of a field lieutenant
- In the presence of a supervisor
(Search and Seizure) After conducting a strip search at a detention facility, what should be added to an arrest report?
- Justification for requesting the search;
- Date and place of the search;
- Identity of the officer conducting the search;
- Identity of the individual searched;
- Those present during the search;
- A detailed description of the nature and extent of the search;
- Any weapons, evidence or contraband found during the search.
(Search and Seizure) Can you conduct a body cavity search based on consent alone?
No
A search warrant WILL be obtained for a body cavity search. The only exception is a Buccal Swab
(Search and Seizure) What are the (3) types of ‘P/C evidence is contained in vehicle’ searches?
- Search pursuant to a search warrant
- Vehicle is readily mobile
- Consent search
(Search and Seizure) What are the (4) types of ‘no P/C evidence is contained in vehicle’ searches?
- Protective frisk for officer safety
- Inventory
- Consent Search
- VIN inspection
(Search and Seizure) During a frisk for weapons of a vehicle, does this give an officer legal grounds to search a locked glove boxes?
No
Areas not immediately accessible to the vehicle’s occupants; such as locked glove compartments or other locked containers shall not be frisked.
(Search and Seizure) Officers are required to obtain a __________ to enter a structure owned by a third-party for purpose of serving an arrest warrant or to make a probable cause arrest.
-Search warrant
(Search and Seizure) What is a frisk for weapons in regards to a residence?
Frisk for Weapons – An officer who is legally present in a structure may conduct a limited protective search for weapons in the subject’s area of immediate access.
(Search and Seizure) What is a protective sweep in regards to a residence?
Protective Sweep – An officer who is legally present in a structure may conduct a protective sweep of the entire premise when he has Reasonable Suspicion to believe there is a threat to the officer’s safety. Items found during a protective sweep may be seized under Plain View; however, officers are strongly encouraged to seek search warrants.
(Search and Seizure) What are the (3) requirements for a ‘Plain View’ seizure?
Plain View: “Plain view” is an exception to the general search warrant requirement. For a plain view seizure to be reasonable, the officer must satisfy three requirements 1. The officer must be in a position in which he has a legal right to be
2. The item’s incriminating character must be immediately apparent
3. The officer must have a lawful right of access to the object itself without substantial additional intrusion.
“Plain view” and “open view” are not the same.
(Search and Seizure) What is an ‘Open View’ search?
The Fourth Amendment does not protect what a person knowingly exposes to the public regardless of where that exposure takes place. However, while the observation of something that is in “open view” does not amount to a search, a warrantless seizure is not justified absent a specific exception to the warrant requirement.
“Open view” and “plain view” are not the same.
