Weekly 4 Flashcards
what is the scope?
Area to be searched
what is the intensity?
place in the area you are looking for the item
what do you need to apply for a search warrant?
Probable Cause
What is the purpose for a Motor Vehicle Search Incident to Lawful Arrest?
weapons, means of escape and evidence of the crime for which the person is being arrested for.
what do you NEED for Motor Vehicle Inventory Search - administrative
lawful custody of MV and written department guidelines
what is the purpose of a MV inventory search?
- protect owners property
- Protect Officer form accusations of theft
- Protect public from dangerous items
what do you need for a MV exception Search?
PC and MV on public way
what is the scope and intensity of a MV EXCEPTION search
ENTIRE vehicle. “trying to find a firearm”
what is someones curtilage?
area around the dwelling that a person has a reasonable expectation of privacy (rule of thumb is 75ft)
a. Privacy fence would extend curtilage
T/F always give someone an alternative before towing within reason?
TRUE
when executing a search warrant you need to have it _______
in hand
who needs to check off a no knock warrant
a judge
Hours for a nighttime search warrant?
10pm-6am
how long do you have to conduct a search warrant?
7 days
Categories of Seizable Evidence?
a.Contraband (drugs)
b. Instrumentalities (knife used in crime)
c. Fruits (jewelry)
d. Person with a warrant
e. Dead Human body