test Flashcards
reasonable amount of time to announce for a search warrant
at least 20 seconds
if the person knows that the police are at the door its valid reason to not knock and announce
yes
if you are doing a search warrant for jewelry and you come across cocaine will it be suppressed
no, plain view
supreme court case for frisk
terry v. ohio
legal requirement for search incident to arrest
probable cause
collecting dna is comparable to fingerprints
yes
who can search incident to arrest
any officer
limitation to search someone in custody
no
primary reason to protective sweep
weapons
legal doctrine to suppress evidence
exclusionary rule
does exclusionary rule need reasonable suspicion to seize evidence
no (probable cause)
exclusionary rule is an exception to inevitable discovery
no
what do you need to arrest
probable cause
what created exclusionary rule
mapp v. ohio
information obtained illegally but the officer thought he was doing it legally
good faith exception
what is least likely to become stale last
stolen car
is exclusionary rule meant to deter bad cops
yes
when evidence would be found anyway
inevitable discovery
if an officer suspects drugs are in a house and he opens the door and sees drugs, he then gets a warrant and seizes the drugs. does this count as plain view?
no the evidence will get suspended
legal doctrine to suspend evidence obtained illegally when the seizure of evidence and _______ is casual
fruits of the poisonous tree
officer uses invalid info to seize evidence
good faith exception
when preparing search warrant affidavit what is not a factor to prove staleness
when will the search be conducted
definition of a search warrant
to search a specific premises and to seize specific items
in pa what legal doctrine is disregarded
good faith exception
definition of probable cause
defined facts and circumstances that lead a reasonable person to believe a specific person committed a crime
what carried more a weight
probable cause
is probable cause enough to convict someone
you need beyond a reasonable doubt
is probable cause subject to judicial review
no
purpose of a search warrant is for all except
searching a person
when filing for a search warrant if they have a question can we verbally clarify info
no
comparison between nighttime vs daytime warrants
nighttime needs reasonable cause
definition of contraband
in and of itself is illegal to have, has no valid use
most likely contraband
2 oz ziplock bag of marijuana
legal term where property extends
curtilage
not curtilage
open field with no trespassing signs
probable cause is written on the affidavit
true
when doing search warrant is oral clarification permitted
no
properly describe property and stuff on affidavit
yes
do you add pages to establish probable cause
no
how many hours to execute a search warrant
48 hours
do you need a search warrant to use listening devices
yes
detective believe resident is inside home, does he need a search warrant to use a dog on a car in the driveway
yes
who can issue a search warrant
issuing authority where the property is located
daytime search warrant
6am- 10 pm
nighttime search warrant
10 pm- 6 am
what do you do when you serve a search warrant and no one is home
leave a receipt
what’s not the purpose of an inventory search
find evidence
if someone gives verbal consent
expressed concent
if an officer is chasing someone for a summary can they go into a house where they’re hiding
no
what are you not doing during an inventory search
tearing car apart
of these circumstances what is least likely an exigent circumstance
homicide suspect
