Search & Seizure of Premises - Chapter 3 Flashcards
3 exceptions to the warrant requirement regarding searches
1) Emergency searches
2) Consent searches
3) Search incident to arrest
It is illegal to physically enter an area where a person has a right to be unless:
1) You have a warrant
2) Exigent circumstances
3) Obtain valid consent
May officers arrest a subject without a warrant who is standing in his open garage if they have probable cause he committed a misdemeanor?
No. The subject is on private property. Unless felony
Reasonable expectation of privacy
Officers may not use “Extraordinary Effort” to look into spaces. IE, cant use step ladder, peer through small knothole, etc
Is flying over a resident legal to obtain information?
Yes. Stay at least 1,000 feet off the ground.
May the use of thermal imaging be used?
Only with the issuance of a warrant
What is the Nexus Rule?
The connection between and object seized and criminal activity.
During exigent circumstances, your “Scope” within a residence is limited to?
Limited to resolving the emergency
Does Knock and Notice apply to an open front door?
Yes.Purpose of knock and notice is to minimize the the possibility of a violent confrontation & minimize damage to property
Exception to Knock and Notice include: (4 answers)
1) Consent to enter
2) Public places or business
3) Exterior gates and fences
4) Unoccupied Premises
For consent to be valid it must be:
1) Voluntary, not coerced
2) Obtained from a person with authority, or apparent authority
3) Scope, reasonable scope of area being searched
What is “Apparent Authority”?
When the officer had reasonable, good-faith belief, based on all circumstances, that the person giving consent had the authority to give consent.
