Searches

Question 1

What is the purpose of the Fourth Amendment?

Answer 1

Protects an expectation of privacy that must be both:

1. reasonable
2. legitimate

Question 2

Fourth Amendment Exceptions

Answer 2

Detention Facilities
Open View
Trash outside the curtilage
Person has no reasonable expectation of privacy
Abandoned property
Search by a private citizen not acting as an agent of Gov.
Searches at airports

Question 3

Search Warrant Exceptions

Answer 3

Search incident to arrest
Plain View
Inventory
Consent
Exigent Circumstances to include Hot Pursuit
Vehicle search warrant exceptions

Question 4

Abandonment

Answer 4

Actions or words which clearly show a person has disclaimed ownership over real or personal property

Question 5

Consent

Answer 5

A person giving consent must:

1. Be informed
2. Not be coerced
3. Have actual or apparent authority
4. Have the ability to revoke consent

Question 6

Curtilage

Answer 6

Areas near a residence where there is a reasonable expectations of privacy.

1. Proximity of the AREA to the home
2. Whether the AREA is included in enclosure which surrounds a home
3. How the AREA is used
4. Steps taken to protect the AREA from passers-by

Question 7

Exigent Circumstance

Answer 7

Probable cause to justify a warrantless entry to:

1. Prevent the destruction of evidence for a felony offense
2. Arrest a violent or dangerous suspect who may escape if not immediately apprehended
3. Preserve life or render aid

Question 8

Hot Pursuit

Answer 8

Sub-category of “exigent circumstances” where a dangerous or felony suspect is fleeing and an officer has direct knowledge of the suspect’s location which would justify entry for apprehension.

Question 9

Investigative Detention

Answer 9

“Terry Stop” seizure of a person for no more than 60 minutes. An officer must have REASONABLE SUSPICION that a person is, has or is about to commit a crime.

Question 10

Nighttime Service Request

Answer 10

A request contained within the body of a Search Warrant that authorizes its execution anytime of day or night.

Question 11

Open View

Answer 11

Does not protect a person who knowingly exposes to the public regardless of where that takes place.
Does not amount to a search or warrantless seizure.

Question 12

Plain View

Answer 12

Officer must satisfy three requirements:

1. In a position in which he has a legal right to be in
2. Item’s incriminating character is immediately apparent
3. Lawful right to get the object without additional intrusion

Question 13

Plain Feel

Answer 13

Immediately apparent an item is probably contraband, the officer may seize the item.

Question 14

Piggyback Warrant

Answer 14

An additional warrant acquired following the service of a primary warrant.

Question 15

Premise Freeze

Answer 15

Entry into a premise, with probable cause but without a search warrant, for the purpose of clearing and securing the premise in anticipation of obtaining a search warrant.

Question 16

Probable Cause Arrest

Answer 16

When the facts and circumstances known to an officer would warrant a prudent man in believing that a crime had been committed and the accused had committed it.

Question 17

Reasonable Suspicion

Answer 17

Facts or circumstances leading a reasonable person to believe a crime has, is or is about to be committed.

Question 18

Protective Sweep

Answer 18

Officers lawfully present in a structure may conduct a limited search of areas within to identify threats to safety.

Question 19

Search

Answer 19

Police intrusion on a legitimate expectation of privacy

Question 20

Seizure

Answer 20

Can be of both person or property.

Police interference with an individual’s freedom of movement and or right to posses/control the item.

Question 21

Levels of Contact and Justifications

Answer 21

Consensual Encounter - No Justification
Investigative Detention “Terry Stop” - Reasonable Suspicion
Arrest - Probable Cause

Question 22

P/C Evidence Is Contained In Vehicle

Answer 22

Consent
Vehicle is readily mobile
Search pursuant to search warrant

Question 23

No P/C Evidence Is Contained in Vehicle

Answer 23

Consent
Inventory
Protective Frisk
VIN Inspection

Question 24

P/C Vehicle Search

Answer 24

Vehicle is readily mobile and P/C exists to believe it contains contend or evidence

Question 25

Vehicle Search Incident to Arrest

Answer 25

A search can be conducted only if it is reasonably believed the arrestee is within reaching distance of the passenger compartment at the time of the search; however, this would create an officer safety concern and therefor policy states officers should not search a vehicle on these grounds.

Question 26

Frisk of a Vehicle for Weapons

Answer 26

A search is justified only when the subject is unsecured and within reaching distance of the unlocked passenger compartment at the time of the search.

Question 27

Search Warrant is issued upon?

Answer 27

1. An officer’s Probable Cause statement supported by oath or affirmation
2. Describing the place to be search
3. Describing the items to be seized

Question 28

The affidavit for a search warrant must include

Answer 28

1. Affiant’s identity and experience
2. Crime alleged and why the items sought to be seized are evidence of the crime
3. Statement of P/C establishing link between the items sought to be seized and the place to be searched

Question 29

Return of Service

Answer 29

List of items seized during the execution of the warrant. A copy is left with the search warrant and original is retuned to the court within 10 days.