SEARCH AND SEIZURE

Question 1

Search warrants cannot be served between what times? Unless you have a what?

Answer 1

2200 to 0630/10pm to 6:30am

NIGHTTIME EXCEPTION

Question 2

What is required to obtain a night time warrant?

Answer 2

Good Cause

Question 3

Who can assist a police officer in issuing a warrant?

Answer 3

non-sworn personnel so long as their participation is reasonably related to a law enforcement purpose.

Question 4

What is GOOD CAUSE?

Answer 4

AN ARTICULABLE REASON WHY THE WARRANT MUST BE SERVED BETWEEN 2200-0630

Question 5

WHAT WOULD BE AN ARTICULABLE REASON WHY THE WARRANT MUST BE SERVED BETWEEN 2200-0630

Answer 5

CAN INCLUDE OFFICER SAFETY, COMMUNITY SAFETY, OR PRESERVATION OF EVIDENCE

Question 6

What are the NO KNOCK REQUIREMENTS?

Answer 6

• -Reasonable time to respond must be given.

- -After notice of authority/presence and purpose of the search warrant, admittance is refused

Question 7

What are the requirements for a SEARCH WARRANT?

Answer 7

TWO PARTS REQUIRED:

• -PROBABLE CAUSE TO BELIEVE THAT THE SPECIFIC ITEMS BEING SOUGHT ARE EVIDENCE OF CRIMINAL ACTIVITY
• -PROBABLE CAUSE TO BELIEVE THAT THE SPECIFIC EVEDENTIARY ITEMS ARE LOCATED AT THE PLACE SPECIFIED IN THE WARRANT

Question 8

What is “PLAIN VIEW”?

Answer 8

o WHEN AN OFFICER IS IN A PLACE WHERE HE HAS A RIGHT TO BE, AND HE SEES AND ITEM THAT CAN BE SEEN BY ANYONE WHO CARES TO LOOK
o THE OFFICER MAY SEIZE THE ITEM WHEN IT IS IMMEDIATELEY RECOGNIZABLE AS BEING CRIME RELATED (EVIDENCE OR CONTRABAND)
o HE CAN SEIZE WHAT YOU SEE IN THE PARTICULAR ROOM YOU WERE ALOUD TO BE IN.

Question 9

Can an officer serving a search warrant seize contraband or evidence that is in PLAIN VIEW?

Answer 9

YES, Items in “Plain View” may be seized based on probable cause even if an item was not enumerated in the warrant (contraband).

Question 10

Are Photographs, measurements, impressions and scientific tests permitted?

Answer 10

YES

Question 11

Searching persons found at the premises, or vehicle, is permitted if:

Answer 11

a. It is reasonably necessary to protect against the use of a concealed weapon.
b. It reasonably appears that property or items enumerated in the warrant may be concealed upon the person, or in the vehicle.

Question 12

Identify the grounds for issuance of a search warrant per A.R.S. §13-3912.

Answer 12

Grounds for issuance.
A search warrant may be issued upon any of six (6) grounds (list grounds in warrant).
1. Property to be seized was stolen or embezzled.
2. Used as a means of committing a public offense.
3. Property is in the possession of a person with the intent to use the property to commit a public offense or a person concealing property.
4. Property or items to be seized indicates a particular offense was committed or that a person has committed the offense.
5. Property is to be searched in the interest of public health.
6. The person sought is the subject of an outstanding arrest warrant.

Question 13

What is PROBABLE CAUSE?

Answer 13

o KNOWLEDGE BASED ON FACTS AND CIRCUMSTANCES THAT WOULD CAUSE REASONABLE AND PRUDENT POLICE OFFICERS TO BELIEVE THAT A CRIME HAS BEEN, OR IS BEING, COMMITTED AND THAT THE PERSON TO BE ARRESTED HAS COMMITTED, OR IS COMMITTING, A CRIME.

Question 14

What is the FRUIT OF THE CRIME?

Answer 14

THE PROCEEDS ACQUIRED THROUGH CRIMINAL ACTS

E.G. MONEY, STOLEN ITEMS

Question 15

What is CONTRABAND?

Answer 15

o ANYTHING THAT IS INHERENTLY ILLEGAL TO POSSESS

o ILLITCIT DRUGS, ILLEGAL WEAPONS, CHILD PORN

Question 16

What is a SEARCH WARRANT?

Answer 16

o A SEARCH WARANT IS AN ORDER, IN WRITING, ISSUED IN THE NAME OF THE STATE OF ARIZONA, SIGNED BY A NEUTRAL MAGISTRATE, DIRECTED TO A PEACE OFFICER, COMMANDING HER TO SEARCH FOR PARTICULARLY DESCRIBED ITEMS TO BE SEIZED.

Question 17

What is a SEARCH?

Answer 17

o A GOVERNMENT VIOLATION OF A PERSON’S REASONABLE EXPECTATION OF PRIVACY, OR PHYSICALLY OCCOU

Question 18

What is REASONABLE EXPECTATION OF PRIVACY?

Answer 18

o WHAT IS SOUGHT TO BE PRESERVED AS PRIVATE, EVEN IN AN AREA ACCESSIBLE TO THE PUBLIC, MAY BE CONSTITUTIONALLY PROTECTED
o EXPECT CONVERSATION IN A PHONE BOOTH TO BE PRIVACY

Question 19

What is CONSENT?

Answer 19

o THE RIGHT TO CHALLENGE THE LEGALITY AND ADMISSIBILITY OF THE EVIDENCE IN QUESTION.
• THESE RIGHTS ARE PERSONAL AND CANNOT BE VICARIOUSLY ASSERTED.
• LOOK FOR A POSSESERTORY INTEREST IN THE PREMISES SEARCHED OR THE PROPERTY SEIZED.
• GUEST OF A HOME DOESN’T HAVE AN EXPECTATION TO PRIVACY

Question 20

What is SEIZURE?

Answer 20

o EXERCISING DOMINION OR CONTROL OF AN OBJECT OR PERSON

o ASKING TO TALK AND SAYING STOP, I NEED TO TALK TO YOU

Question 21

What is ARREST?

Answer 21

o GENERALLY, TAKING A PERSON INTO CUSTODY WITH THE INTENT OF BRING THEM BEFORE A COURT.
• WOULD A REASONABLE PERSON UNDER THE SAME CIRCUMSTANCES FREEL FREE TO LEAVE OR TO TERMINATE THE ENCOUNTER?

Question 22

What is STOP?

Answer 22

o A TEMPORARY DETENTION OF A PERSON FOR INVESTIGATION
o THIS CONSTITUTES A SEIZURE
• THE 4TH AMENDMENT APPLIES

Question 23

What is a FRISK?

Answer 23

o A PAT-DOWN OF A PERSON’S EXTERIOR CLOTHING TO CHECK FOR WEAPONS
o ONLY PURPOSE OF A FRISK IS TO PROTECT THE OFFICER
o CAN ONLY GO BEYOND THE EXTERIOR CLOTHING WHEN IN GOOD FAITH THE OFFICER CANNOT TELL IF AA WEEAPON IS PRESENT AFTER THE PAT-DOWN.

Question 24

What is a MERE HUNCH?

Answer 24

o “THE APPREHENSION OR IMAGINATION OF THE EXISTENCE OF SOMETHING WRONG BASED ONL Y ON INCONCLUSIVE OR SLIGHT EVIDENCE, OR POSSIBLY EVEN NO EVIDENCE. “

Question 25

What is REASONABLE SUSPICION?

Answer 25

o SPECIFIC, ARTICULABLE FACTS AND CIRCUMSTANCES THAT WOULD LEAD A REASONABLE POLICE OFFICER TO SUSPECT A CRIME HAS BEEN, IS, OR IS ABOUT TO BE COMMITTED BY THE PERSON TO BE STOPPED TO DETAINED.

Question 26

What is OPEN VIEW?

Answer 26

o WHEN AN OFFICER IS OUTSIDE OF A CONSTITUTIONALLY PROTECTED AREA, AND LOOKING IN, HE SEES AND ITEM THAT HE HAS PROBABLE CAUSE TO BELIEVE IS EVIDENCE.
o A SEARCH WARRANT IS REQUIRED TO SEIZE THE ITEM
o COP AT FRONT DOOR, SEE’S THROUGH THE WINDOW AND SEE’S THEIR CHRISTMAS TREE AND ALSO SEE’S A BUNCH OF MJ

Question 27

What is EVIDENCE?

Answer 27

o SOMETHING THAT TENDS TO PROVE OR DISPROVE THE EXISTENCE OF AN ALLEGED FACT

Question 28

What is the EXCLUSIONARY RULE?

Answer 28

o EVIDENCE THAT IS OBTAINED THROUGH AN ILLEGAL SEARCH OR THE VIOLATION OF OTHER RIGHTS THAT DIRECTLY OR INDIRECTLY LED TO THE EVIDENCE CANNOT BE INTRODUCED AT TRIAL
• CREATED TO DETER POLICE MISCONDUCT

Question 29

What is CURTILAGE?

Answer 29

o THE LAND OR YARD ADJOINING A HOUSE, USUALLY WITHIN AN ENCLOSURE
• FRONT YARD IS GENERALLY INCLUDED
o THEY CAN DO BASICALLY WHAT A MAIL MAN CAN DO

Question 30

What is OPEN FIELD?

Answer 30

o THE AREA OUTSIDE A PROPERTY OWNER’S CURTILAGE
o NEED NOT BE “OPEN” OR A “FIELD” AS USED IN COMMON SPEECH
o AREA THAT IS BEYOND WHAT IS REASONABLY PROTECTED

Question 31

A search warrant must be EXECUTED within how many days of being issued?

Answer 31

A search warrant must be executed with five (5) calendar days of being issued.
An option to renew the warrant for five (5) calendar days is available with the judge’s authorization.

Question 32

Once a SEARCH WARRANT has been SERVED/EXECUTED how long before it must be RETURNED to the MAGISTRATE?

Answer 32

Once served, the search warrant must be returned to a magistrate within three (3) court business days after being executed.

Question 33

What is the RECEIPT FOR PROPERTY?

Answer 33

A detailed receipt for property shall be given, or left, where the property was taken from.

Question 34

What is RETENTION OF PROPERTY?

Answer 34

Seized property shall be retained by the seizing agency.

Question 35

What is a DANGEROUS WEAPON?

Answer 35

• ANYTHING DESIGNED FOR LETHAL USE, INCLUDING A FIREARM