Search and Seizure

Question 1

Most common legal courses of action

Answer 1

1. Valid search warrant
2. Valid arrest warrant
3. Vehicle exception
4. Incident to lawful arrest
5. Investigative detention
6. Inventory
7. Plain view
8. Protective sweep
9. Arrest based on probable cause
10. Abandoned property
11. Consent
12. Curtilage/open fields
13. Exigent circumstances

Question 2

Justifications for Exigent circumstances

Answer 2

1. Response to an emergency (medical, fire, bomb scare)
2. Hot pursuit of felony suspect
3. Possibility of violence (hostage/barricade, domestic violence, sexual assault)
4. Probability of destruction of evidence

Question 3

Justifications for Search incident to lawful arrest

Answer 3

1. Seize weapons suspect might use to attack officer
2. Seize means suspect might use to escape
3. Prevent destruction of fruits, instrumentalities, or evidence of crime

Question 4

Search Warrant definition

Answer 4

An order in writing, issued in the name of the state, signed by a magistrate, directed to a palace officer, commanding him to search for personal property, persons or items described herein.

Question 5

Search Warrant - nighttime service hours

Answer 5

2200 - 0600 hours

Question 6

Search Warrant - daytime service hours

Answer 6

0601 - 2159

Question 7

Knock and announce

Answer 7

ARS 13-3916B
An officer may break into a building, premises or vehicle or any part of a building, premises or vehicle, to execute the warrant when:
1. After notice of the officer’s authority and purpose, the officer receives no response within a reasonable time.
2. After notice of the officer’s authority and purpose, the officer is refused admittance.
3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.
4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer’s authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence.