Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

My Sgt Test > Search and Seizure > Flashcards

Search and Seizure Flashcards

1
Q

The fourth amendment is the right of people to be secure in their persons, houses, papers and effects against unreasonable ________and ________.

A

searches

Seizures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The fourth amendment protects an expectation of privacy that must be both: ________ and _______.

A

Reasonable

Legitimate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

________ :A common law exception to the fourth amendment based on the publics expectation that law-enforcement may take action to safe life or render aid.

A

Community Caretaking Doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

________ :A time critical exception to the search warrant requirement for the purpose of acting on an investigative emergency, based on probable cause for a criminal investigation.

A

Exigent circumstance

Note: Police can not create the exigent circumstance or use a ruse to affect a warrantless search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

_______: Occurs when there is probable cause that a person who is wanted for a serious felony is inside a home or other private place and is about to flee.

A

Fresh pursuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

________: A subcategory of exigent circumstances where a dangerous or felony suspect is fleeing from law-enforcement and an officer has direct knowledge of the suspects location which would justify an exigent circumstance entry for apprehension.

A

Hot pursuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

______: A warrantless search which requires probable cause to (1) prevent the destruction of evidence of a serious felony or (2) effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended or (3) hot or fresh pursuit.

A

Investigative emergency search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

________: If during a pat down the officer feels an item that is not suspected to be a weapon but is immediately apparent from the mass and shape that the item is probably contraband; the officer can legally seize the item. However, the officer is not permitted to conduct additional searches or even change a grip on an item to determine that it is contraband.

A

Plain Feel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

______ : An open hand contact of the subjects outer clothing to detect weapons on a person.

A

Pat down

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

_________: A quick unlimited search of premises conducted for the safety of officers and others. It must be narrowly confined to a cursory visual inspection of those places in which a person might be hiding.

A

Protective sweep

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

________: A police intrusion on a reasonable and legitimate expectation of privacy.

A

Search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

________: A police interference with an individuals freedom of movement a person’s right to possess or control an item.

A

Seizure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Exceptions related to criminal investigations where the fourth amendment does not apply are:_____(6)

A

(1) Open view
(2) person has no standing
(3) trash searches outside the curtilage
(4) detention facilities
(5) abandon property
(6) searches by private citizen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Courts recognize a __________ situation as a distinct non-criminal investigative function of law-enforcement which are justified under the Community Care Taking Doctrine.

A

Welfare check

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When conducting a welfare check the officers intent and motivation must be to _____ or____.

A

Save Life

Render aid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If conducting a search related under the Community Care Taking Doctrine, if the search reveals that no life safety issue exists, officers must _____ _____ immediately.

A

Stop searching

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If Officers damage property, officers must complete an ______ _____ and ______ the damage.

A

Officers Report

Photograph

18
Q

Consensual encounter requires _________.

A

No justification

19
Q

Investigative detention “Terry stop” requires ______.

A

Reasonable suspicion

20
Q

Arrest requires _______ .

A

Probable cause

21
Q

Consensual encounters require: ___(4)

A

(1) No legal justification
(2) Must feel free to leave at any time
(3) Freedom of movement cannot be impeded in anyway
(4) May revoke consent at any time

22
Q

An investigative detention also known as a reasonable suspicion stop or a (Terry stop) allow Officers to stop a person to ascertain his or her: _____(2)

A

(1) Identity

(2) Purpose

23
Q

Officers can seize a person with the following legal justification’s:_____(4)

A

(1) Investigative detention 60 minute rule
(2) Vehicle stop (driver and passenger)
(3) Arrest
(4) Legal 2000

24
Q

Officer can seize a resident/structures with the following legal justification’s:_____(2)

A

(1) Premises freeze

(2) Search warrant

25
Q

Officers can seize vehicles with the following legal justification’s:_____(3)

A

(1) Vehicle stops
(2) Impound
(3) Search warrant

26
Q

Officers can seize property under the following legal justification’s:___(5)

A

(1) Plain view
(2) Abandon
(3) Premises freeze. (Electronic storage devices)
(4) Search warrant
(5) Safekeeping

27
Q

_______: The right to bear arms is protected by the United States Constitution. The determination to impound a firearm for safekeeping should be for life safety or to determine ownership.

A

Safekeeping of Firearms

28
Q

When practical a ____and/or _____should be conducted by officers of the same gender as a subject.

A

Pat down

Search

29
Q

When reasonable suspicion exist to conduct a strip search, the arresting officer will/will not request a search by contacting a correction supervisor and clearly articulating the basis for the suspicion.

A

Will

30
Q

Individuals arrested for traffic violations and other minor offenses or a non-violent nature will not be subject to strip searches unless the arresting officer has ______ ______to believe that the individual is concealing contraband or weapons.

A

Reasonable suspicion

31
Q

If during a DUI arrest. The subject refuses to give consent the police officer will/will not obtain a search warrant.

A

Will

32
Q

It is a policy of this department that officers will/will not search a vehicle incident to arrest.

A

Will not

33
Q

Absent exigent circumstances or consent, officers are required to have either an arrest warrant or search warrant to enter a structure for the purpose of making a probable cause arrest, follows under which guideline:

A

Payton Rule

34
Q

Absent exigent circumstances or consent, officers are required to obtain a search warrant to enter a structure owned by a third party for the purpose of serving an arrest warrant or to make a probable cause arrest. (1) Officers have probable cause to believe the suspect is located within the structure and (2) a showing of why it is reasonable to make entry into the structure instead of waiting for the suspect to exit falls under which rule:_____

A

Steagald Rule

35
Q

_____: An officer who is legally present in any structure may conduct a limited protective search for weapons in the subject area of immediate access.

A

Frisk for weapons

36
Q

An officer who is legally present in any structure may/ may not conduct a protective sweep if he has reasonable suspicion to believe there is a threat to his safety from a person(s) in the structure.

A

May

37
Q

A family court judge does/does not have jurisdiction to authorize search warrants.

A

Does not

38
Q

Photos are/are not required for search warrant documents for evidentiary blood samples.

A

Are not

39
Q

It is a policy of this department that there are only two classifications of the search warrant which are: ______(2)

A

(1) Non-Swat

2) Swat (preferred method by dept

40
Q

The use of bodily force, a key or bolt cutters to enter an unoccupied storage facility or a structure reasonably believed to be unoccupied would/would not require an IAP or swat service.

A

Would not

41
Q

Digital storage devices, whether obtained through consent, arrest or search warrant service, will/will not be impounded into the LVMPD Evidence Vault. Evidence will/will not be taken directly to CFL.

A

Will

Will not

My Sgt Test (32 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions