SOURCEBOOK

Question 1

A “seizure” of property occurs when:

Answer 1

there is some meaningful interference with an individual’s possessory interest in that property.

Question 2

A “search” occurs when:

Answer 2

a government officer infringes upon an expectation of privacy that society considers reasonable.

Question 3

The Fourth Amendment is not violated unless:

Answer 3

a legitimate expectation of privacy is infringed.

Question 4

Does a pat-down/preliminary frisk constitute a detention?

Answer 4

Yes, as does the statement “I am going to patsearch you”

Question 5

Does “official scrutiny” directed at an individual–such as the use of high beams and spotlights– in itself, amount to a detention?

Answer 5

No, it does not.

Question 6

If the person runs away, there has been no detention and none occurs until and unless:

Answer 6

you actually effect a stop.

Question 7

For an investigative stop or detention to be valid, you must have “reasonable suspicion” that:
1.
2.

Answer 7

(1) criminal activity may be afoot and

(2) the person you are about to detain is connected with that possible criminal activity.

Question 8

”‘[R]easonable suspicion’ is a less demanding standard than ________ _____ and requires a showing considerably less than preponderance of the evidence. . . .”

Answer 8

probable cause

Question 9

Under the proper circumstances, everyone has some authority to make an arrest. Do peace officers have more authority than private persons?

Answer 9

Yes

Question 10

Exceptions a warrantless arrest for a misdemeanor-

Answer 10

1. DUI
2. Committed by a juvenile
3. Loaded firearm (person or vehicle)
4. Assault or battery on school property
5. Assault or battery firefighter/medical
6. Domestic violence (misd)
7. Assault or battery 65+
8. Airport + concealed weapon

Question 11

Is there a time limit on which to make a misdemeanor arrest?

Answer 11

Yes, between 0600 and 2200 hours. Exceptions:

1. Occurred in your presence
2. Arrest made in public
3. Already in custody
4. Warrant had nighttime service
5. Domestic violence protective order violation.

Question 12

Is a doorway considered a “public place”?

Answer 12

Yes. “The Fourth Amendment’s prohibition on warrantless entry into an individual’s home does not apply to arrests made at the doorway.”

Question 13

“Probable cause” exists when the totality of the circumstances would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that:

Answer 13

the person to be arrested is guilty of a crime.

Question 14

Is “an arresting officer’s state of mind (except for the facts he knows) irrelevant to the existence of probable cause?”

Answer 14

Yes, it is IRRELEVANT! When courts assess whether officers had probable cause to arrest, they use an objective standard without regard to an officer’s subjective intent.

Question 15

Is what is required to establish probable cause something less than a preponderance (51%) less of the evidence or something more?.

Answer 15

Less. The U.S. Supreme Court has stated that probable cause “is not a high bar.”

Question 16

Is an anonymous tip that someone is carrying a concealed firearm a sufficient exigency under the “public safety exception” to justify a search or a Terry stop and frisk?

Answer 16

No. An anonymous tip that someone is carrying a concealed firearm is not a sufficient exigency under the “public safety exception” to justify a search or even a Terry stop and frisk.

Question 17

Can consent be voluntary/legitimate if it was preceded by an illegal detention or an illegal arrest?

Answer 17

No, consent will not be voluntary or valid if it was preceded by an illegal detention or an illegal arrest.

Question 18

What are the three major exceptions to the warrant requirement?

Answer 18

Emergency searches
Consent searches
Searches incident to arrest.

Question 19

If officers observe evidence during an exigency–such as during a lawful “protective sweep”–they may re-enter a residence to seize the evidence if the seizure is close in time during an uninterrupted police presence. True of false.

Answer 19

True

Question 20

Does the use of a flashlight convert a plain view observation into a search?

Answer 20

No, it does not.

Question 21

“Exigent circumstances” include an emergency requiring swift action to prevent:

Answer 21

1. Destruction of evidence.
2. Imminent danger to life or welfare (including yours).
3. Imminent escape of a suspect.
4. Serious damage to property.

Question 22

A detention exists when:

Answer 22

1. you assert authority over a person in a way that a reasonable innocent person would feel compelled to submit to,
2. the person in fact submits.

Question 23

Is it a detention when an officer briefly shined white light into a moving car, then followed it without using red light or siren until driver pulled over on his own.

Answer 23

No, not a detention at that point.

Question 24

Is it a detention to walk up to a driver who was already stopped in his vehicle and ask (not demand) to see his driver’s license?

Answer 24

No, not a detention.

Question 25

A detention is valid if you have “reasonable suspicion” that:

Answer 25

(1) something relating to crime has just happened (or is happening, or is about to happen); and
(2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.

Question 26

Your suspicion may be based on a “wanted flyer” or similar bulletin issued by another jurisdiction and relating to a completed crime, as long as:

Answer 26

1. The other jurisdiction had a reasonable basis for issuing it
2. Your detention is not impermissibly intrusive.

Question 27

Even if the computer information you are relying on is erroneous–e.g,, indicating an outstanding arrest warrant–your stop would nevertheless be valid and the evidence would not be suppressed, at least where the mistake was made by court/DMV personnel as opposed to:

Answer 27

police personnel.

Question 28

May you legally stop a vehicle, even though the driver’s identity is unknown, when you know an arrest warrant exists for the registered owner if the driver “could” be the registered owner?

Answer 28

Yes, as long as the knowledge of the driver doesn’t conflict with known identifier of the RO/suspect, i.e., race, sex, obvious physical descriptors, etc.

Question 29

The Supreme Court has noted that an officer’s ordinary investigation includes:

Answer 29

1. Checking DL
2. Checking warrants
3. Checking registration and insurance

Question 30

Is questioning the driver on matters unrelated to the reason for the traffic stop allowed as long as the questioning does not unduly prolong the detention?

Answer 30

Yes, it is allowed. As long as the officer’s inquiries do not “measurably extend the duration of the stop.

Question 31

Officer made a stop for speeding and then became suspicious that the vehicle might be stolen or involved in transporting drugs. After informing the driver that he was not going to issue a citation, the officer asked him to step back to the patrol car, invited him to sit inside (due to the weather), then questioned him for about 20 minutes before securing a consent to search the car, which turned up drugs.

Answer 31

The 20-minute detention was not excessive in duration or scope and did not amount to a de facto arrest, no Miranda warnings were necessary, and the consent was voluntary.

Question 32

Only violations of the federal Constitution can result in the suppression of:

Answer 32

evidence.

Question 33

Does the use of handcuffs on a driver during the investigation of a traffic violation transform the detention into an arrest?

Answer 33

No

Question 34

In all cases, do you have the right to order the driver to get out of the vehicle?

Answer 34

Yes. You do not need any particular reason, such as danger or suspicion of a crime. This is because the courts believe that all traffic stops involve enough inherent risk to justify the minimal additional intrusion of ordering a validly detained driver to get out of the vehicle.

Question 35

Is it always reasonable to order passengers out for the sake of your safety in every traffic stop?

Answer 35

Yes. You may also order a passenger to remain inside or get back into the vehicle.

Question 36

Would it be lawful to stop a car being driven at night without lights in a private parking lot simply to remind the driver to turn on his headlights before entering public streets?

Answer 36

Yes, it WOULD be lawful.

Question 37

Would a stop be lawful if you observe expired tags and the absence of a front license plate, even though the car displays a temporary permit?

Answer 37

Yes, you may not stop based solely to check the permit, but the missing front plate would be cause to stop. DMV regs maintain for a lost or missing plate the remaining plate must be surrendered or mailed in, thus a rear plate and no front plate show cause the RO had not initiated the process.

Question 38

At 1:00 a.m., officer saw a minor driving a late-model Acura without license plates or a temporary operating permit in the rear window. The officer could not see if there was a temporary permit in the front window.

Answer 38

The stop was lawful. The officer had reasonable suspicion to believe that the car was being driven in violation of Vehicle Code sections 5200 and 5201 license requirements. The court specifically rejected the argument that the officer was required to drive around the vehicle to see all of the windows before making the stop.

Question 39

A DMV records check on a vehicle with a temporary operating permit indicated that the vehicle registration had expired two years earlier.

Answer 39

The DMV report of the expired registration without any mention of a valid operating permit justified the traffic stop. However, where a vehicle displays a temporary operating permit and it is confirmed that there is a process in place to renew the registration, a stop/detention of the vehicle would not be valid.

Question 40

Investigatory detentions involving vehicles are based on reasonable suspicion of criminal activity that:

Answer 40

may or may not be connected to a traffic offense.

Question 41

An officer saw an unfamiliar van driving slowly in a circle through a residential neighborhood at 1:30 a.m.

Answer 41

Stop of the van was legal because

(1) its speed and route were suggestive of a “casing” operation;
(2) the officer, who was very familiar with the neighborhood, its vehicles and local driving patterns, did not recognize the van; and
(3) he knew that many residential and auto burglaries had occurred in that neighborhood and that vans were often used in the burglaries.

Question 42

Two hours after heavy rains, an officer on patrol at midnight noticed a red Ford Fairmont with beads of water on its exterior similar to cars parked in the area but unlike the dry cars traveling on the roads. The officer surmised that the Ford must have been driven only a short distance from the area, where there had been car thefts from the downtown lots, including the Ford dealership. A license check indicated that the vehicle was registered to a private party and had not been reported stolen. When the Ford merged onto the freeway, it kept its speed at 40 miles per hour, well below the posted 55 mph limit. The patrol car was the only other vehicle in sight, and the officer did not hear engine noise consistent with mechanical problems. Concerned that the slow speed might indicate an intoxicated driver, he followed the Ford for one mile before initiating a traffic stop.

Answer 42

The stop was supported by sufficient specific articulable facts to investigate whether the men in the car had been involved in criminal activity, including car theft, and were trying to avoid apprehension. The officer’s subjective reason for the stop–mainly suspicion of intoxicated driving–was irrelevant.

Question 43

At 1:43 a.m., CHP dispatch reported a possibly intoxicated driver “weaving all over the roadway” in a ’80s model blue van traveling northbound on Highway 99. An officer who was less than four miles from where the van was seen positioned himself on the shoulder of Highway 99 to intercept the van. He stopped the van two to three minutes later. He did not observe any weaving, speeding, or other violation of traffic laws before initiating the stop.

Answer 43

The anonymous tip of a possible intoxicated driver “weaving all over the roadway” combined with the officer’s spotting the described vehicle at the expected time and place provided reasonable suspicion to justify an immediate stop to protect the driver and other motorists. (Wells (2006) 38 Cal.4th 1078.)

Question 44

Are 911 calls more or less reliable or the same as other anonymous tips?

Answer 44

9-1-1 calls, unlike “anonymous” calls, require a somewhat different analysis. The reason is that, today, 9-1-1 calls are not truly anonymous. They are recorded, which allows investigators or victims of a false tip to identify a caller who would be criminally liable for falsely reporting a crime. Additionally, for 9-1-1 calls from cell phones, the caller’s phone number is relayed to 9-1-1 dispatchers and cell phone service carriers are required to identify a caller’s geographic location. These technological and regulatory developments allow reasonable officers to rely on information reported in a 9-1-1 call. (Navarette (2014) 134 S.Ct. 1683.)

Question 45

An unidentified 9-1-1 caller reported that a light-skinned African-American male with a bandaged left hand who was sitting in the driver’s seat of a parked gray Maxima pulled a gun on the caller after mentioning a gang name. The caller was afraid to give his name because of possible retribution.

Answer 45

The investigative detention was lawful. The 9-1-1 call was a firsthand report of violent criminal conduct requiring immediate investigation to protect public safety; the call was recorded; the caller, who had given a reason for remaining anonymous, reported immediate and detailed facts; and the police responded within minutes. (Dolly (2007) 40 Cal.4th 458, 461.)

Question 46

Note that even a truly anonymous report concerning drunk or reckless driving will justify a brief detention if the report is made contemporaneously and the car is still being driven on a public roadway because the grave risks to public safety justify a brief investigatory stop. True or False?

Answer 46

True

Question 47

A game warden observed Maikhio fish off a public pier when it was unlawful to be fishing for lobster and place something he caught in a bag. The warden stopped Maikhio’s car a few blocks from the pier.

Answer 47

Suspicionless stops, including vehicle stops, of anglers and hunters are lawful administrative seizures required to meet the special and important state needs distinct from the state’s ordinary interest in enforcing the criminal code. (Maikhio (2011) 51 Cal.4th 1074.)

Question 48

Pringle was the front-seat passenger in a car stopped for speeding. A search of the Nissan sedan conducted with the driver’s consent uncovered $763 in cash from the glove compartment and five plastic baggies of cocaine behind the back-seat armrest. When questioned, Pringle, the driver, and the back-seat passenger all denied ownership of the money or the drugs.

Answer 48

The officer had probable cause to arrest Pringle for possession of the cocaine. A reasonable officer could infer that any or all three of the vehicle’s occupants were in possession of the narcotics, either jointly or alone.

Question 49

Post the Lopez decision (2019) can an officer conduct a limited search for vehicle registration?

Answer 49

The law remains that in any vehicle detention situation where the driver, upon your request, “fails to produce” the necessary documentation, you have the right to conduct a limited search for the vehicle registration. This search–which must be carried out before you issue the citation–is not restricted to “traditional repositories,” such as a glove compartment or a sun visor, but may include any area within the vehicle where such documentation reasonably may be expected to be found. (Arturo D. (2002) 27 Cal.4th 60.) Note that this area would normally not include the vehicle’s trunk.

Question 50

What parts of a vehicle can you search when you learn one of the passengers or driver is on parole?

Answer 50

If an occupant of a vehicle is a parolee, you may search the areas of the passenger compartment–including containers–where it is objectively reasonable to expect that the parolee could have placed personal items or discarded contraband. You are not required to limit your search to just the area where a parolee is sitting. What is required is the parolee’s access to areas in a vehicle.

Question 51

Vehicle searches incident to arrest of a vehicle’s occupant are now lawful if:
(1) an arrestee could gain access to the passenger compartment of the vehicle, or
(2)

Answer 51

(2) it would be “reasonable to believe” that evidence relevant to the arrest offense could be found in the vehicle.

Question 52

Does the “automobile exception” apply to other vehicles, such as motor homes, vans, bicycles, motorcycles, and houseboats?

Answer 52

Yes

Question 53

If you use a dog to sniff for drugs from outside a car, there is no search (Caballes (2005) 543 U.S. 405); and if you are searching inside the vehicle by consent, using a dog does not exceed the permissible scope of the search (Perez (9th Cir. 1994) 37 F.3d 510, 516; see also Place (1983) 462 U.S. 696, 707).

Answer 53

True

Question 54

Is it possible to get a voluntary consent from a vehicle occupant or other person to search the person’s residence, even where the person has been detained, arrested and handcuffed, and/or not Mirandized.

Answer 54

Yes. (James (1977) 19 Cal.3d 99, 22; Llamas (1991) 235 Cal.App.3d 441, 447.)

Question 55

Once you determine a vehicle is stolen, by what legal means can you search it?

Answer 55

Once you determine that a vehicle is stolen, you can search it because it is evidence of an “instrumentality” of the crime. (Kelly (1981) 125 Cal.App.3d 575.)

Other “instrumentality” examples include: (1) a car in which murder victim has been shot (Teale (1970) 70 Cal.3d 497); (2) a car in which kidnap victim has been kidnapped (North (1972) 8 Cal.3d 301); (3) a car that has been stolen (Kelly (1981) 125 Cal.App.3d 575); (4) a car that has been involved in a hit-and-run offense (Rice (1981) 126 Cal.App.3d 477); and (5) a vehicle involved in a vehicular manslaughter (Diaz (2013) 213 Cal.App.4th 743).

Question 56

Why should you always ask if a container in a vehicle belongs to one of the occupants?

Answer 56

If the occupants deny ownership of any of the containers (which they often will if it contains crime-related evidence), the containers are either abandoned or may be inventoried to determine ownership.
If an occupant claims ownership, she has at least “tied herself” to the container’s contents (then ask for consent to search it).
Establishing ownership of objects is particularly important because someone who disclaims ownership may lack “standing” in court to raise the issue of an illegal search or seizure. (Dasilva (1989) 207 Cal.App.3d 43; Gonzales (9th Cir. 1992) 979 F.2d 711, 714.)

Question 57

In 2019, the California Legislature amended Vehicle Code section 22650 to require that any removal must be to achieve a “community caretaking” need. It is no longer sufficient that one of the circumstances set forth in Vehicle Code section 22651 is present. What justification must be had?

Answer 57

There also must be a justification based on community caretaking, such as the need to ensure the safe flow of traffic or to protect property from theft or vandalism.

Question 58

Vehicle inventories are supported by three rationales:

Answer 58

1. Protection of an owner’s property while it is in police custody;
2. Protection of police against claims of lost, stolen, or vandalized property; and
   3, Officer safety.

Question 59

Do you need a warrant to draw blood on someone with a search condition such as parole, searchable probation, or PRCS?

Answer 59

No, the search condition authorizes a blood draw without the necessity of a warrant. It is held that a warrantless blood draw is within the scope of a search condition of an offender on either PRCS, parole, or searchable probation. It is sufficient that officers be aware of the suspects status of PRCS, parole, or searchable probation, all which have a mandatory search condition.

Question 60

What action, if any, can you take against a non-resident of this state when he or she cannot provide satisfactory ID and an address within this state at which he can be located?

Answer 60

Whenever a nonresident is arrested for violating any section of the Vehicle Code while driving a motor vehicle and does not furnish satisfactory evidence of identity and an address within this state at which he can be located, he may, in the discretion of the arresting officer, be taken immediately before a magistrate within the county where the offense charged is alleged to have been committed, and who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made.

Question 61

May a driver that has a suspended or revoked license drive on private property?

Answer 61

No person shall drive a vehicle at any time when his driving privilege is suspended or revoked, except to obtain emergency medical service.
Note that this prohibition includes driving on private property. The sole exception involves using an employer’s vehicle in the course of employment and only on property owned by the employer, except an off-street parking facility.

Question 62

When the driver remains silent after being asked whether he will submit to a test, his silence constitutes a _______.

Answer 62

“refusal.”

Question 63

However, if the driver indicates a willingness to take a test, but fails or refuses to specify which test, it is up to ___ to select the test.

Answer 63

you

The law does not require that the driver must himself choose the test to comply with the statute.

Question 64

Any person who is unconscious, or otherwise in a condition rendering her incapable of refusal, is deemed not to have withdrawn her consent, and a test or tests may be/may not be administered whether or not the person is told that her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of her driving privileges.

Answer 64

may be administered

Question 65

Any person who is dead is deemed not to have withdrawn his consent, and a test or tests may be administered at the direction of a peace officer. True or false?

Answer 65

True