Section 2

Question 1

4th amendment

Answer 1

to legally search for evidence of guilt, you must have a search warrant
forbids unreasonable searches/seizures

Question 2

basic limitation of searches

Answer 2

1. scope must be narrow/specific
2. general searches are unconstitutional

Question 3

whats needed for a search warrant

Answer 3

probable cause

Question 4

probable cause

Answer 4

higher standard than reasonable suspicion
less than proof beyond reasonable doubt

Question 5

searches with consent

Answer 5

okay based on voluntary consent
search without warrant is allowed if consent is given with the authority
consent must be voluntary and limited to the area for which it is granted

Question 6

who signs the warrents

Answer 6

judges

Question 7

who writes the warrents

Answer 7

officers

Question 8

probable cause may include

Answer 8

flight
furtive movement
resistance to officers
evasive answers
unreasonable explanation
criminal record
information from citizens

Question 9

what must a warrant have

Answer 9

factual reasoning with specific and descriptive location of what and where

Question 10

time for a search warrent

Answer 10

any reasonable amount of time
cannot leave and come back

Question 11

who can consent to a search warrant

Answer 11

home owner, except to rented areas
driver, unless owner is passenger
parents with access to childs room and vice versa
anyone with legal authority to do so

Question 12

search warrants for electronics.

Answer 12

separate for each device

Question 13

GPS

Answer 13

need warrant to attach to vehicle
can get extended

Question 14

consent to hearing

Answer 14

no warrant needed
person involves police
cannot ask without mirandizing

Question 15

arrest

Answer 15

detain someone who you believe of committed a crime into custody
not free to leave

Question 16

arrest warrant

Answer 16

needed for misdemeanor and felony 72 hrs after arrest

Question 17

search incident to an arrest

Answer 17

officer has right to search when arresting without a warrant
anything on person for drugs/weapons/etc

Question 18

search around arrested individual

Answer 18

within the room arrest occurred in and rooms until outside following the direct path

Question 19

protective sweep

Answer 19

sweep/search to protect everyone in the are

Question 20

car searches

Answer 20

need warrant as the individual is already in custody of an arrest

Question 21

probably cause during search on scene

Answer 21

legally have access to anything within view or on person
warrant needed if car is moved or you have left the scene

Question 22

inventory search

Answer 22

has to be impounded by agency
organizational policy to handle impounds
routine, same way for each arrest

Question 23

right to inventory on a car if

Answer 23

protect owners property
protect police from disputes/claims of stolen/damaged property
protect police/public from danger
determine owners identity

Question 24

plain view

Answer 24

anywhere officers have a right to be, they have a right to see through the use of unaided senses

Question 25

trash/garbage searches

Answer 25

containers left on public property can be searched without a warrant by police
police cannot trespass to gain access to trash location
officers need to know if the trash is w/in cartilage of persons property

Question 26

cartilage

Answer 26

property line

Question 27

search in emergency situation

Answer 27

police officers believe there is a probable cause but have no time to secure a warrant
must be done immediately

Question 28

emergency circumstances

Answer 28

reason to believe real emergency exists which requires immediate action to protect/preserve life or prevent injury
not be motivated primarily to find evidence