Search & Seizure of Vehicles - Chapter 4

Question 1

A detention exists when?

Answer 1

• Officer asserts authority over a person in a way that a reasonable and innocent person would feel compelled to submit to, and
• The person in fact does submit their authority to the officer

Question 2

A detention is valid when:

Answer 2

You have Reasonable Suspicion that:

• A crime just happened, is happening, or about to happen, and
• The person, the vehicle, the person in the vehicle you are about to detain is connected with that activity
• • Criminal Activity is Afoot

Question 3

Are “pre-text” stops illegal?

Answer 3

No. So long as there is an objective basis for the stop

Question 4

Vehicle checkpoints are ok to conduct checks of what?

Answer 4

• DUI
• Drug Trafficking
• Valid CDL
• ** Must stop all vehicles at the checkpoint

Question 5

Evidence may be suppressed when?

Answer 5

When the federal constitution is violated.

A prolonged detention, which resulted in a de facto arrest, does not require the suppression of evidence because the arrest was supported by probable cause

Question 6

On a vehicle stop, you can assert authority over a passenger because?

Answer 6

• To ensure your safety or the safety of the passenger or other person
• To carry out your duties relating to the initial detention of the driver
• To investigate your articulable suspicion that the passenger was involved in criminal activity

Question 7

Are you allowed to search a vehicle for weapons in a similar manner you may search a person for weapons?

Answer 7

Yes. You may enter a vehicle during a detention to conduct a limited search for weapons in situation where the circumstances can justify

Question 8

what is the “Contemporaneous requirement”?

Answer 8

The search and arrest must be carried out at the same location within an appropriate amount of time. A 30-40 minute delay has been deemed too long between events.

Question 9

The automobile exception applies to the following:

Answer 9

• A vehicle (sedan, truck, wagon)
• A motor home
• A van
• A houseboat in public waters
• A bicycle

Question 10

With CONSENT remember the following:

Answer 10

• Your right to ask
• Voluntariness
• Authority
• Scope

Question 11

Speed contest and Reckless driving

Answer 11

if a vehicle is used in a speed contest (23109 VC), or the driver is charged is reckless driving (23103 VC), the vehicle can be seized since it was used in the commission of a crime

Question 12

Inventory seach

Answer 12

Police must have lawful possession of the vehicle

Question 13

When can an officer conduct a traffic stop?

Answer 13

Officer believes the driver violated CVC or some other law

• Justified even without VC violation, ie weaving within ones own lane, possible DUI
• Driving w/o lights in private parking lot
• Believe driver/passenger involved in felonious activity.