Warrants/Arrest/Searches Flashcards
What is BPD Special order 95-31?
Arrest warrant, officer needs to check validity immediately prior to arrest to verify it’s still valid
Do you need a separate warrant for a home or motor vehicle?
Yes: search warrant
If suspect is in a 3rd party dwelling what is needed to effect an arrest?
Arrest warrant for suspect
Search warrant for home absent consent
Two types of warrants
Straight warrant: new charges
Default warrant: issued by judge for not showing up to court
What needs to be checked prior to arresting a fugitive from justice?
If the other state or jurisdiction will extradite. If not then release
Is Merchant Statement enough for an arrest?
Yes, gives the officer PC
3 parts to an arrest
Intent
Communication
Control
3 parts to a lawful arrest
Jurisdiction
Arrest-able offense
Probable cause
When do suspects get a phone call?
Within 1 hour of arrival to the station
What is the Aguilar Spinelli test?
Reliability
Basis of knowledge
Reliable sources
Known victim
Known witness
Other police officer
Good track record
When can you conduct a warrantless search?
Consent
Abandonment
Booking search
Plain view
Incident to lawful arrest
Exigent circumstances
Three parts to consent
Voluntary (no coercion)
Intelligent(clear, explicit)
Knowingly (told of right to refuse)
What are the two exceptions to a warrantless search in a private dwelling?
Fresh and continues pursuit
Exigent Circumstances
Three parts to plainview
-lawfully present
-inadvertence
-Seizable evidence
What are you looking for when you are searching someone after an arrest?
-weapons
-avoid arrest or effect escape
-evidence of the crime for which the arrest is made
What are the reasons for a booking/ inventory search?
Protect owner’s property
Prevent false claims
When can a strip search be conducted?
Based on PC
Determined by Duty Supervisor
Must be done reasonably
When can a body cavity search be performed?
Based on a high degree of PC
warrant issued by a judge
Conducted by qualified medical professionals
3 major vehicle searches
Search incident to lawful arrest
Inventory
Exception search
Purpose of motor vehicle Search incident to arrest
Searching for weapons, means of escape, evidence of the crime
Scope: grabbing area
NEVER IN THE TRUNK
What is needed to conduct a motor vehicle inventory search and what is the scope/purpose of.
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.
Can you force locked items opened on a MV inventory search without a warrant?
No
What is needed to conduct a Motor vehicle exception search/ scope
PC and MV on public road way
SCOPE: entire vehicle
Did you need a search warrant for abandoned property?
No
Do you need a search warrant for a trash barrel in someone’s driveway?
Yes
Can you search all persons present when serving a search warrant?
No, needs to be approved prior.
Do you need to have the search warrant in hand when serving it?
Yes
What level of proof is needed for a search warrant?
PC
Can you conduct a no knock warrant?
Yes but needs to be judicial authorization
Who can issue a warrant?
Judge or clerk of the court
What times can a search warrant not be conducted?
Between 10PM and 6AM
Can you conduct a nighttime search warrant?
Yes but needs to be approved by a judge
How long do you have to serve a search warrant?
7 Days
What are the 6 types of seizable evidence?
Contraband(drugs)
Instrumentalities(knife used in crime)
Fruits(jewelry)
Mere evidence(ski-mask)
Living person with a warrant
Dead human body
