Search & Seizure

Question 1

All search and seizure statutory law and case law is derived from where? (Federal Level)

Answer 1

U.S. Constitution, 4th Amendment

Question 2

New Mexico further provides protections against unreasonable search and seizure in which part of the New Mexico State Constitution?

Answer 2

Article 2, Section 10

Question 3

Case law that met Federal requirements for search and seizure, but failed to meet greater protections provided by New Mexico

Answer 3

State v. Erica Rivera

Question 4

When does a search occur?

Answer 4

When an expectation of privacy, that society is prepared to consider reasonable, is infringed.

Question 5

Reasonable expectation of privacy is a two-fold requirement that shows…

Answer 5

1. A person exhibited an actual expectation of privacy

2. The expectation is one that society recognizes as reasonable

Question 6

Requirements for a search warrant

Answer 6

1. Particular place to be searched
2. Particular items to be seized
3. Probable cause to infringe on one’s reasonable expectation of privacy is affirmed by a Judge

Question 7

Reasonable execution of a search warrant

Answer 7

1. Between 0600 and 2200 (night time exception may be applied for)
2. Within 10 days of being issued

Question 8

What is a protective sweep?

Answer 8

A search incident to arrest for dangerous persons on the premises and is limited to places where a person can reasonably be

Question 9

Criteria for search incident to arrest

Answer 9

1. Person must be lawfully arrested
2. May not exceed the body or grab area
   (Grab area: within suspects immediate control)

Question 10

Exigencies circumstances when a warrant is not need to search a phone

Answer 10

1. Prevent remote detonation
2. Locate a missing or abducted child
3. Find fleeing suspect
4. Prevent imminent injury

Question 11

Search warrant exceptions

Answer 11

1. Exigencies circumstances
   A. Hot pursuit
   B. Destruction of evidence
   C. Welfare check/community caretaker
2. Vehicle inventory
3. Consent search
4. Terry stop
5. Plain view