SearchandSeizure

Question 1

Probable Cause

Answer 1

Reasonable likelihood based upon known facts

Question 2

Why probable cause?

Answer 2

To balance the privacy and possessory interests of the people against the legitimate governmental interests in law enforcement

Question 3

Exclusionary Rule

Answer 3

Evidence obtained in violation of constitutional principles may not be used in a criminal trial

Question 4

Fruit of the Poisonous Tree

Answer 4

Illegally obtained evidence may not be used at trial to prove guilt

Question 5

Sufficiency of Warrant/Nexus

Answer 5

1. Criminal activity(ies)
2. thing(s) to be seized
3. place(s) to be searched

Question 6

No knock search warrant reasons

Answer 6

Danger futility? destruction of evidence

Question 7

Four exceptions to warrants

Answer 7

1. Search incident to arrest
2. vehicle search
3. exigent circumstances
4. consent

Question 8

Search incident to arrest

Answer 8

1. Lawful arrest
2. Contemporaneous with arrest
3. With-in suspect’s immediate control or grab area (wingspan)

Question 9

Auto Search Exception

Answer 9

1. PC to believe vehicle contains evidence of crime

2. Includes truck and containers

Question 10

Exigent circumstance

Answer 10

1. Hot pursuit
2. Destruction of evidence
3. Emergency Aid
4. Inventory Search

Question 11

Destruction of Evidence

Answer 11

1. Imminent danger of being destroyed (fact that evidence can be easily destroyed is insufficient)

Question 12

Emergency Aid

Answer 12

1. Emergency threatening life or safety of another
   Must have more than “theoretical possibility” of emergency
   a. Immediate crisis
   b. Probability police assistance would be helpful

Question 13

Inventory Search

Answer 13

1. After impound
2. Includes closed containers inside vehicle
3. Must be standard policy

Question 14

Consent

Answer 14

1. Freely and voluntarily given
2. Consenter must have authority or reasonably appear to
   (Common or apparent authority)
3. Must be with-in scope of consent

Question 15

Common Authority

Answer 15

1. Jointly owned and mutually used (who pays the bills?)

2. Either owner may permit

Question 16

Apparent authority-no authority at all (good faith and reasonable assumptions)

Answer 16

1. LEO must reasonably believe that a third person has common authority
2. Must be fact based and objectively reasonable(ASK and surrounding circumstances)