Search and Seizure Flashcards
State the Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but on probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.
The fourth amendment does not apply to the following places/circumstances:
1 Open View 2 No reasonable expectation of privacy 3 Trash outside of curtilage 4 Detention facilities 5 Abandoned property 6 Private citizen searches (not as agents) 7 Searches in secured areas
What are the exceptions to the application of the fourth ammendment?
1 Search incident to arrest 2 Inventory of impounded property 3 Consent 4 Plain view 5 Exigent circumstances, including hot pursuit 6 Vehicle search warrant exceptions
Define Abandonment.
Objective words or actions which clearly show that a person has disclaimed ownership, dominion, and control over real or personal property.
What is an administrative checkpoint?
These are “policy justified” searches which do not require reasonable suspicion or probable cause. However, the intrusion in such cases must be brief and slight, and the determination of which cars to stop must be made according to some articulable, non-arbitrary standard.
What is a blood draw?
The collection of a blood sample to determine the presence of drugs or alcohol when submitted for laboratory analysis could determine a person’s impairment level. This sample may be obtained with consent, a search warrant or, on rare occasions, without a search warrant if exigent circumstances exist.
What is a body cavity search?
Any search involving the internal physical examination of body cavities and, in some instances, organs such as the stomach cavity, performed by a physician or other medically trained personnel.
Define consent.
Agreement, approval, or permission to act. A person giving consent must: 1 be informed of what is being searched for, 2 not be coerced, 3 have actual authority or apparent authority, and 4 have the ability to revoke consent.
What is a consensual encounter?
A completely voluntary police interaction with members of the public, requiring no legal justification for the interaction, where a reasonable person would feel free to disregard the police and go about their business.
Define consensual entry.
Entry by invitation by a person with standing.
What is curtilage?
Areas near a residence where the residents have a reasonable expectation of privacy. Considerations in determining whether an area is curtilage and subject to the protections of the Fourth Amendment are 1. proximity of the area to the home, 2. whether the area is included in enclosure which surrounds a home, 3. nature of uses to which an area is put, 4. steps taken to protect the area from observation by passers by. NOTE: the legal protection associated with curtilage is always determined in favor of the property owner, not law enforcement.
What is a duplicate original search warrant?
A document used pursuant to Nevada Law, which is required for a telephonic search warrant.
What is Exigent Circumstance?
The exception to the warrant requirement involves balancing a number of factors. It is a time-critical exception to the search warrant requirement that requires probables cause to justify a warrantless entry to 1. prevent the destruction of evidence of a serious felony offense 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, an 3. preserve life or render aid. NOTE: Police cannot create the exigent circumstance or use a ruse to affect a warrantless search.
What is forced entry?
Entry into a structure that requires the use of force or a tool to gain entry and may cause damage to the structure. NOTE: A “tool” includes but is not limited to a ram, halligan, or lock pick.
What is Hot Pursuit?
A sub-category of “exigent circumstances” where a dangerous or felony suspect is fleeing form law enforcement and and officer has direct knowledge of the suspect’s location which would justify an exigent circumstances entry for apprehension.
