Search and Seizure

Question 1

Search

Answer 1

refers to an individual’s interest in privacy

Question 2

Seizure

Answer 2

deprives the person of dominion over his person or property

Question 3

Exclusionary Rule

Answer 3

prohibits evidence obtained by an unreasonable search and seizure from being used in court

Question 4

Fruits of the Poisonous Tree

Answer 4

if the initial search is invalid, any evidence subsequently discovered as a result of that search must be declared invalid as well.

Question 5

Personal Right

Answer 5

The law seeks to restore injured parties to the position they held prior to a violation of law.

Question 6

Judicial Integrity

Answer 6

if a court is to dispense justice, it cannot punish or condemn criminal activity by private citizens while it sanctionsillegal police conduct.

Question 7

Deterrence

Answer 7

discourage improper police conduct in future cases.

Question 8

Areas Protected by the FourthAmendmen

Answer 8

• Private Homes –People have a reasonable expectation of privacy in their homes.
• Curtilage–The immediate area, not necessarily enclosed, around a dwelling.
• Automobile–Limited protection

Question 9

Search without a Warrent - SPACESHIP

Answer 9

Search Incident to a Lawful Arrest
Plain ViewException
Automobile Exception
Consent
Emergency Exception
Stop, Question and possibly Frisk
Hot Pursuit
InventoryProcedure
Period.

Question 10

Search Incident to a Lawful Areest

Answer 10

Be conducted after the effect of a Valid Arrest.
Be conducted after the effect of a Good Faith Arrest.
Be limited in its Time,Scope,and Intensity.

Question 11

Arrest of an Automobile’s Occupant

Answer 11

when an officer has lawfully arrested an occupant of a vehicle, and the officer has a reasonable belief that the vehicle contains a weapon, a means of escape, or evidence related to the crime for which the occupant was arrested, the officer may search the grab-ablearea within the passenger compartment or any containers within that grab-ablearea immediately after the arrest.

Question 12

The Plain View Exception

Answer 12

• The officer must be where he has a legal right to be (Consent, Emergency, Hot Pursuit)
• The officer must inadvertentlysee the item of evidence;
• The police officer has reasonable cause to believe that items to be seized are contraband, mere evidence,or fruits of a crime

Question 13

Search by Consent

Answer 13

the one who has a right to possession (expectation of privacy) is the one who is protected; therefore, he is the one who must give consent.

Question 14

Elements of a Search Based on Consent

Answer 14

• Voluntary Consent - In general, a valid consent must be given voluntarily; that is, it must not be coerced.
• No Duress- When the police claim consent to search was voluntarily given, they must show that there was no duress or coercion present.

Question 15

Emergency Exception

Answer 15

• There must be probable cause an emergency exists
• The search must be confined to the area where the emergency is believed to exist
• The purpose of the search must be to “cure” the emergency and not to seize evidence.

Question 16

Hot Pursuit

Answer 16

the police may follow the suspect into any constitutionally protected area, i.e., the suspect’s home or a third party’s residence. This is usually based upon an officer’s direct observation of the suspect’s flight. An exception may occur when an officer momentarily loses sight of the suspect and is informed by a third party of the suspect’s location.

Question 17

Inventory Procedure

Answer 17

Not a search for evidence. It is an administrative procedure aimed at protecting the prisoner’s property from loss or damage while in police custody

Question 18

Arrest Warrant

Answer 18

A court order directing a police officer to arrest a defendant and bring him before such court for the purpose of initial arraignment

Question 19

Bench Warrant

Answer 19

A court order directing a police officer to take a defendantwith a pending caseinto custody. A bench warrant is a post-arraignment process. It is issued when a defendant has been arraigned and released on bail or on his own recognizance and fails to return for a subsequent court appearance

Question 20

Supreme Court Warrants

Answer 20

send high priority “worst of the worst” (WOW) warrants to borough warrant squads so that investigations will begin immediatelysearching for the listed defendants.

Question 21

Family Court Warrants

Answer 21

Urgent child abuse warrants are treated like Supreme Court high priority warrants and are investigated immediately upon receipt at the appropriate warrant squad.

Question 22

Contents of an Arrest Warrant

Answer 22

• Date of issuance
• Name of issuing court;
• Name of offense concerned;
• Name of defendant, or any name or description by which he can be identified;
• Police officer(s) to whom addressed;
• Judge’s endorsement

Question 23

Who Can Execute an Arrest Warrant

Answer 23

• Any police officer to whom it is addressed
• Any other police officer delegated to execute it;
• A parole officer or probation officer under specialcircumstances

Question 24

Where an Arrest Warrant May Be Executed

Answer 24

• an arrest warrant issued by a judge of the District Court, the New York City Criminal Court,or by a Superior Court judge sitting at a local court may be executed anywhere in the state.
• An arrest warrant issued by a city, town or village court may be executed In the issuing county or an adjoining county; or Anywhere else in the state with a writtenendorsementby thelocal Criminal Court of the county of arrest.

Question 25

When and How an Arrest Warrant is Executed

Answer 25

• A warrant of arrest may be executed on any day of the week and at any hour of the day or night.
• Unless there is physical resistance, flight,or other factors the arresting officer must Inform the defendant of the warrant and the charge indicated on it
• Only the address listed on the arrest warrant may be forcibly entered. If the person wanted is at a third-party residence, then a search warrant must be obtained, unless the officer has consent of a person who has power over the premise or exigent circumstances exist (hot pursuit, gunshots, screams, etc.).

Question 26

Desk Appearance Tickets

Answer 26

The NYPD issues Desk Appearance Tickets (D.A.T.’s), in lieu of detention, to a large number of individuals arrested for certain misdemeanors and violations.

Question 27

Execution of a Search Warrant

Answer 27

A search warrant mustbe executed between 6:00 A.M. and 9:00 P.M. unless otherwise authorized by the court. Itmustbe executed within ten (10) days after the date of issuance

Question 28

Receipt for Property Removed

Answer 28

You must give a receipt for any property you seize