Section 4.2 Flashcards
What is the most common searches that police do?
Consent Searches
If an officer asks if they can searched something and the person who gives consent has the right to give consent the officers can search the thing. True or False
True
If the person who owns the thing that officers want to search gives permission it is not unreasonable and what amendment does not apply?
4th amendment
In order to conduct a __________ search the officer needs to give a genuine request and not pressure someone into it.
Consent
Consent search:
When a person gives consent do they have a right to limit the search?
Yes
Consent Search:
Does the person have the right to withdraw consent at any time?
Yes
IF the police are searching a bag that have been given consent to search and they see contraband and the person withdraws consent but the officer has already seen it. Does plain view apply?
Yes. He was legally searching the bag at the time he saw the contraband. He cannot search any further but he can use that as probable cause to go forward with anther kind of search.
If someone withdraws consent does the officer have to act like they did not see something that was illegal?
no
Do parents have the right to consent for a minor?
Yes
Can an employer give consent for an employee?
Yes. If it is work related stuff
Example, work related laptop. can the employer give the consent for the employee’s laptop?
Yes
Example, can the employer give the police the right to search an employee’s office.
Yes
Example, can your employer give the police permission to search your personal bag that is in your office?
No
Example, can the host give consent to search an area that someone is currently occupying on a temporary basis?
Yes
Can a spouse give permission to search for the other spouse?
Yes
Can co-owners give consent to search the restaurant?
Yes
Example, if you and your wife are both home and the police ask to teach my computer if I say no and my wife says yes. Does her yes override my no?
No
Example, if three people own a business and two give consent to search and one does not. Can they do a consent search?
No