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Con law > Warrants/Arrest/Searches > Flashcards

Warrants/Arrest/Searches Flashcards

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1
Q

What is BPD Special order 95-31?

A

Arrest warrant, officer needs to check validity immediately prior to arrest to verify it’s still valid

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2
Q

Do you need a separate warrant for a home or motor vehicle?

A

Yes: search warrant

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3
Q

If suspect is in a 3rd party dwelling what is needed to effect an arrest?

A

Arrest warrant for suspect
Search warrant for home absent consent

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4
Q

Two types of warrants

A

Straight warrant: new charges
Default warrant: issued by judge for not showing up to court

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5
Q

What needs to be checked prior to arresting a fugitive from justice?

A

If the other state or jurisdiction will extradite. If not then release

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6
Q

Is Merchant Statement enough for an arrest?

A

Yes, gives the officer PC

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7
Q

3 parts to an arrest

A

Intent
Communication
Control

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8
Q

3 parts to a lawful arrest

A

Jurisdiction
Arrest-able offense
Probable cause

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9
Q

When do suspects get a phone call?

A

Within 1 hour of arrival to the station

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10
Q

What is the Aguilar Spinelli test?

A

Reliability
Basis of knowledge

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11
Q

Reliable sources

A

Known victim
Known witness
Other police officer
Good track record

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12
Q

When can you conduct a warrantless search?

A

Consent
Abandonment
Booking search
Plain view
Incident to lawful arrest
Exigent circumstances

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13
Q

Three parts to consent

A

Voluntary (no coercion)
Intelligent(clear, explicit)
Knowingly (told of right to refuse)

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14
Q

What are the two exceptions to a warrantless search in a private dwelling?

A

Fresh and continues pursuit
Exigent Circumstances

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15
Q

Three parts to plainview

A

-lawfully present
-inadvertence
-Seizable evidence

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16
Q

What are you looking for when you are searching someone after an arrest?

A

-weapons
-avoid arrest or effect escape
-evidence of the crime for which the arrest is made

17
Q

What are the reasons for a booking/ inventory search?

A

Protect owner’s property
Prevent false claims

18
Q

When can a strip search be conducted?

A

Based on PC
Determined by Duty Supervisor
Must be done reasonably

19
Q

When can a body cavity search be performed?

A

Based on a high degree of PC
warrant issued by a judge
Conducted by qualified medical professionals

20
Q

3 major vehicle searches

A

Search incident to lawful arrest
Inventory
Exception search

21
Q

Purpose of motor vehicle Search incident to arrest

A

Searching for weapons, means of escape, evidence of the crime
Scope: grabbing area
NEVER IN THE TRUNK

22
Q

What is needed to conduct a motor vehicle inventory search and what is the scope/purpose of.

A

Lawful custody of MV and written department guidelines

SCOPE: Passenger compartment, trunk, open/closed container, center console, glove box (can unlock if you have keys)

Purpose: NOT TO FIND EVIDENCE, but if you find it you can seize due to plain view. Protect owners property and protect against false claims.

23
Q

Can you force locked items opened on a MV inventory search without a warrant?

A

No

24
Q

What is needed to conduct a Motor vehicle exception search/ scope

A

PC and MV on public road way
SCOPE: entire vehicle

25
Q

Did you need a search warrant for abandoned property?

A

No

26
Q

Do you need a search warrant for a trash barrel in someone’s driveway?

A

Yes

27
Q

Can you search all persons present when serving a search warrant?

A

No, needs to be approved prior.

28
Q

Do you need to have the search warrant in hand when serving it?

A

Yes

29
Q

What level of proof is needed for a search warrant?

A

PC

30
Q

Can you conduct a no knock warrant?

A

Yes but needs to be judicial authorization

31
Q

Who can issue a warrant?

A

Judge or clerk of the court

32
Q

What times can a search warrant not be conducted?

A

Between 10PM and 6AM

33
Q

Can you conduct a nighttime search warrant?

A

Yes but needs to be approved by a judge

34
Q

How long do you have to serve a search warrant?

A

7 Days

35
Q

What are the 6 types of seizable evidence?

A

Contraband(drugs)
Instrumentalities(knife used in crime)
Fruits(jewelry)
Mere evidence(ski-mask)
Living person with a warrant
Dead human body

Con law (5 decks)

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