1 search and seizure learning domain review version 3 79%

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SEARCH AND SEIZURESEARCH AND SEIZURE

Learning Domain Learning Domain ReviewReview

Version 3 79%Version 3 79%

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SEARCH AND SEIZURESEARCH AND SEIZURE4th Amendment

WarrantlessClause

There are 54 words to the 4There are 54 words to the 4thth Amendment which states: Amendment which states:

The right of the people to be secure in their person, The right of the people to be secure in their person, houses, papers, and effects, against unreasonable houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and...searches and seizures, shall not be violated, and...

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SEARCH AND SEIZURESEARCH AND SEIZURE4th Amendment

Warrant Clause

……no warrant shall issue, no warrant shall issue, but upon probable causebut upon probable cause supported by oath or affirmation, and particularly supported by oath or affirmation, and particularly describing the place to be search and the persons or describing the place to be search and the persons or things to be seized.things to be seized.

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SEARCH AND SEIZURESEARCH AND SEIZURE4th Amendment - Search and Seizure4th Amendment - Search and Seizure

The Fourth Amendment has two important The Fourth Amendment has two important clauses:clauses:

The first phrase is commonly referred to as the The first phrase is commonly referred to as the ""WARRANTLESS CLAUSEWARRANTLESS CLAUSE", ",

whereas the second phrase describes the whereas the second phrase describes the ""WARRANT CLAUSEWARRANT CLAUSE".".

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SEARCH AND SEIZURESEARCH AND SEIZUREConstitutional ProtectionsConstitutional Protections

The 4th Amendment was created to protect three The 4th Amendment was created to protect three interests: interests:

PrivacyPrivacy, , Liberty, and Liberty, and Possession of propertyPossession of property

Law enforcement is typically involved with a person's Law enforcement is typically involved with a person's REASONABLE EXPECTATION OF PRIVACYREASONABLE EXPECTATION OF PRIVACY. .

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SEARCH AND SEIZURESEARCH AND SEIZURE4th Amendment - Search and Seizure4th Amendment - Search and Seizure

The Fourth Amendment The Fourth Amendment does not give individuals does not give individuals an absolute right to privacyan absolute right to privacy; ; neither does it neither does it prohibit all searchesprohibit all searches – only those that are – only those that are “UNREASONABLE”“UNREASONABLE”

It limits only those SEARCHES conducted by the It limits only those SEARCHES conducted by the GOVERNMENTGOVERNMENT that are considered that are considered unreasonableunreasonable by the courts, but by the courts, but does not apply to actions by does not apply to actions by private citizensprivate citizens - unless acting as agents of the - unless acting as agents of the government.government.

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SEARCH AND SEIZURESEARCH AND SEIZURE4th Amendment - Search defined4th Amendment - Search defined

A A SEARCHSEARCH is a is a governmental intrusiongovernmental intrusion into into an area where there is a reasonable an area where there is a reasonable expectation of privacy for the purpose of expectation of privacy for the purpose of discovering contraband or evidence to be discovering contraband or evidence to be used in a criminal prosecution.used in a criminal prosecution.

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SEARCH AND SEIZURESEARCH AND SEIZUREExpectation of PrivacyExpectation of Privacy

To determine what is reasonable the courts will look To determine what is reasonable the courts will look at two things and a reasonable expectation of privacy at two things and a reasonable expectation of privacy can exist almost anytime and anyplace as long ascan exist almost anytime and anyplace as long as::

individuals have indicated that they personally individuals have indicated that they personally ((SUBJECTIVELYSUBJECTIVELY) expect privacy in the object or ) expect privacy in the object or area, area, andand

their expectation is one which their expectation is one which society is prepared society is prepared to recognize as legitimate or reasonableto recognize as legitimate or reasonable..

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SEARCH AND SEIZURESEARCH AND SEIZUREExpectation of PrivacyExpectation of Privacy

A A SUBJECTIVESUBJECTIVE expectation of privacy is a person’s expectation of privacy is a person’s state of mind demonstrated by affirmative action state of mind demonstrated by affirmative action designed to protect their right to privacy (e.g., designed to protect their right to privacy (e.g., building a fence, closing window shades, locking a building a fence, closing window shades, locking a compartment, etc.).compartment, etc.).

OBJECTIVE REASONABLENESSOBJECTIVE REASONABLENESS refers refers To whether society is prepared to To whether society is prepared to recognize the individual’s expectationrecognize the individual’s expectationas reasonable.as reasonable.

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SEARCH AND SEIZURE SEARCH AND SEIZURE StandingStanding

""STANDINGSTANDING"" exists when a person has a legitimate exists when a person has a legitimate possessory interest or relationship over an object or area.possessory interest or relationship over an object or area.

To challenge a particular search or seizure, a person must have a To challenge a particular search or seizure, a person must have a reasonable expectation of privacy in the place or thing that was reasonable expectation of privacy in the place or thing that was search or seized.search or seized.

Only a person with standing can challenge the search or seizureOnly a person with standing can challenge the search or seizure. .

Standing is established byStanding is established by

ownership,ownership,lawful possession, lawful possession, authority, authority, and/orand/orcontrol of the area searched or the property seized.control of the area searched or the property seized.

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SEARCH AND SEIZURE SEARCH AND SEIZURE Probable Cause to SearchProbable Cause to Search

PROBABLE CAUSEPROBABLE CAUSE to search for an object or area to search for an object or area means having enough facts or information to means having enough facts or information to provide a…provide a… FAIR PROBABILITYFAIR PROBABILITY, or a , or a

SUBSTANTIAL CHANCESUBSTANTIAL CHANCE, ,

……that the object sought is located in the place to that the object sought is located in the place to be searched. be searched.

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To To establish probable cause to searchestablish probable cause to search, peace , peace officers must be able to articulate how and why officers must be able to articulate how and why they have a fair probability to believe:they have a fair probability to believe:

a crime has occurred or is about to occur,a crime has occurred or is about to occur,evidence pertaining to the crime to the crime evidence pertaining to the crime to the crime exists, exists, andandthe evidence is located at the location they wish the evidence is located at the location they wish to searchto search

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SEARCH AND SEIZURE SEARCH AND SEIZURE Exclusionary RuleExclusionary Rule

Weeks vs. United States and Mapp vs. OhioWeeks vs. United States and Mapp vs. Ohio

If a court finds that a search is not reasonable and that If a court finds that a search is not reasonable and that a person’s Fourth Amendment rights have been violated a person’s Fourth Amendment rights have been violated by the government, all items seized during the search by the government, all items seized during the search could be ruled inadmissible or could be ruled inadmissible or excludedexcluded as evidence at as evidence at trial.trial.

Usually, the evidence is Usually, the evidence is excluded as a excluded as a penaltypenalty for the for the illegality of the search.illegality of the search.

Created by the United States Supreme Court to Created by the United States Supreme Court to encourage proper law enforcement conduct.encourage proper law enforcement conduct.

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SEARCH AND SEIZURESEARCH AND SEIZURESearch WarrantsSearch Warrants

A A SEARCH WARRANTSEARCH WARRANT is: is:

an order in writing, in the name of the people,an order in writing, in the name of the people,signed by a magistrate, signed by a magistrate, directed to a peace officer,directed to a peace officer,commanding the officer to search for an individual or commanding the officer to search for an individual or individuals, a thing or things, or personal property, and individuals, a thing or things, or personal property, and in the case of a thing or things or personal property, in the case of a thing or things or personal property, to bring the same before the magistrate.to bring the same before the magistrate.

(P.C. 1523)(P.C. 1523)

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In the search warrant context, In the search warrant context, PROBABLE PROBABLE CAUSECAUSE to search means enough credible to search means enough credible information to provide a information to provide a fair probabilityfair probability that the object the peace officers seek will that the object the peace officers seek will be found at the place they want to search…be found at the place they want to search…

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SEARCH AND SEIZURESEARCH AND SEIZURESecuring an area pending search warrantSecuring an area pending search warrant

Under very limited circumstances peace officers Under very limited circumstances peace officers may secure a residence while in the process of may secure a residence while in the process of obtaining a search warrant. obtaining a search warrant.

In addition to probable cause to search, In addition to probable cause to search, they also they also need EXIGENCIESneed EXIGENCIES, that is, a belief, based on the , that is, a belief, based on the surrounding circumstances or information at hand, surrounding circumstances or information at hand, that the that the evidence will likely be destroyed or evidence will likely be destroyed or removed before a search warrant can be obtained.removed before a search warrant can be obtained.

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SEARCH AND SEIZURESEARCH AND SEIZURESecuring an area pending search warrantSecuring an area pending search warrant

Refusal of consent to enter, by itself, does not provide Refusal of consent to enter, by itself, does not provide justification to secure the premises pending issuance of justification to secure the premises pending issuance of a search warrant.a search warrant.

An area may be secured pending issuance of a search An area may be secured pending issuance of a search warrant if the suspect has been arrested inside the warrant if the suspect has been arrested inside the location.location.

An area may be secured pending issuance of a search An area may be secured pending issuance of a search warrant if companions of the suspect may destroy items warrant if companions of the suspect may destroy items sought upon learning of the arrest.sought upon learning of the arrest.

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SEARCH AND SEIZURESEARCH AND SEIZURESearch WarrantsSearch Warrants

If the place being secured is occupied when If the place being secured is occupied when peace officers enter, they peace officers enter, they will need probable will need probable causecause to arrest if they take the suspect away or to arrest if they take the suspect away or keep the suspect there for an unreasonable keep the suspect there for an unreasonable period while the warrant is obtained.period while the warrant is obtained.

Without probable cause to arrest an individual, Without probable cause to arrest an individual, peace officers are only entitled to peace officers are only entitled to “detain”“detain” the the suspect temporarily while they determine the suspect temporarily while they determine the person’s involvement.person’s involvement.

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SEARCH AND SEIZURESEARCH AND SEIZURESearch Warrant Time LimitsSearch Warrant Time Limits

Time limit for serviceTime limit for service - 10-days within which to execute - 10-days within which to execute the warrant and return it, beginning with the day after the warrant and return it, beginning with the day after the warrant is issued and running until midnight of the the warrant is issued and running until midnight of the 10th day, with no exceptions for weekends or holidays. 10th day, with no exceptions for weekends or holidays. (P.C. 1534)(P.C. 1534)

If the 10-day period has expired, peace officers must If the 10-day period has expired, peace officers must either:either:

obtain a new warrant, obtain a new warrant, ororresubmit the expired warrant so it may be reissued resubmit the expired warrant so it may be reissued and revalidated.and revalidated.

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SEARCH AND SEARCH AND SEIZURESEIZUREReturn of a Search WarrantReturn of a Search Warrant

If the 10th day falls on a weekend or holiday, If the 10th day falls on a weekend or holiday, then peace officers are entitled to postpone then peace officers are entitled to postpone returning the warrant until the next business returning the warrant until the next business day.day.

A late return will not normally invalidate the A late return will not normally invalidate the warrant or result in suppression, particularly warrant or result in suppression, particularly if it happens unintentionally, unless the if it happens unintentionally, unless the defendant can show prejudice.defendant can show prejudice.

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SEARCH AND SEIZURESEARCH AND SEIZURESearch Warrant Time LimitsSearch Warrant Time Limits

Normally, a search warrant may be served Normally, a search warrant may be served only between the hours of only between the hours of 7am and 10pm7am and 10pm..

As long as the search begins before 10pm, As long as the search begins before 10pm, no nighttime authorizations is necessary, no nighttime authorizations is necessary, even though the search may continue on even though the search may continue on well beyond that hour.well beyond that hour.

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SEARCH AND SEIZURESEARCH AND SEIZURENighttime ServiceNighttime Service

If peace officers can show good cause, the magistrate may allow a warrant to be served anytime of day or night.

Examples of good cause situations for nighttime service:

will decrease danger to peace officers,will decrease danger to peace officers,a drug sale occurred at the search location at night,a drug sale occurred at the search location at night,prompt execution might preclude murders,prompt execution might preclude murders, the property sought will be gone, sold, or removed by dawn, orthe property sought will be gone, sold, or removed by dawn, orstolen items were primarily perishable or easily disposable stolen items were primarily perishable or easily disposable goodsgoods

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INFORMATIONINFORMATION

Peace officers can be sent to prison if they Peace officers can be sent to prison if they willfully disclose the existence of a search willfully disclose the existence of a search warrant, prior to its execution, for the warrant, prior to its execution, for the purpose of preventing the search and purpose of preventing the search and seizure. seizure.

(P.C. 168) - (P.C. 168) - FelonyFelony

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SEARCH AND SEIZURESEARCH AND SEIZUREKNOCK AND NOTICEKNOCK AND NOTICE

The purpose of knock and notice is to protect the privacy of The purpose of knock and notice is to protect the privacy of persons in their home and to minimize the possibility of a violent persons in their home and to minimize the possibility of a violent confrontation in the house between peace officers and private confrontation in the house between peace officers and private citizens, and provide time for the subject to respond to the officers' citizens, and provide time for the subject to respond to the officers' request for entry. request for entry.

Knock or alert the people inside of your presenceKnock or alert the people inside of your presenceIdentify yourself as a peace officerIdentify yourself as a peace officerState your purpose and authorityState your purpose and authorityDemand entryDemand entryWait a reasonable period of time before entering to enable the Wait a reasonable period of time before entering to enable the occupant to respond, and occupant to respond, and If necessary, forcibly enter the premises.If necessary, forcibly enter the premises.

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Before entering a private dwelling to execute a Before entering a private dwelling to execute a search warrant, officers must comply with the search warrant, officers must comply with the requirements of knock and notice before forcing requirements of knock and notice before forcing entry and peace officers must be refused entry and peace officers must be refused admittance.admittance.

Refusal may be based onRefusal may be based on

a verbal statement, a verbal statement, suspect conduct, orsuspect conduct, orthe passage of a the passage of a reasonable amountreasonable amount of time of time

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Inner DoorsInner Doors – no legal requirement to – no legal requirement to comply with knock and notice…comply with knock and notice…

……but tactically, it may be appropriate.but tactically, it may be appropriate.

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If the knock and notice requirements are met, including If the knock and notice requirements are met, including refusal, refusal, peace officers may legally break in or force entry peace officers may legally break in or force entry into premises to execute a search warrantinto premises to execute a search warrant. (P.C. 1531). (P.C. 1531)

The law allows peace officers to enter private property The law allows peace officers to enter private property unannounced if they can demonstrate that compliance unannounced if they can demonstrate that compliance with the knock and notice requirements would be futile, with the knock and notice requirements would be futile, or that compliance could result in:or that compliance could result in:

harm to the officers or other individuals (e.g., harm to the officers or other individuals (e.g., hostages), orhostages), orthe destruction of evidencethe destruction of evidence

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RUSE ENTRYRUSE ENTRY - Peace officers may use a false - Peace officers may use a false identity or ruse to obtain consent to enter as long identity or ruse to obtain consent to enter as long as they already have a judicially-authorized right as they already have a judicially-authorized right to enter, (i.e., a search warrant).to enter, (i.e., a search warrant).

Example:Example:

Officers with a warrant set off firecrackers to Officers with a warrant set off firecrackers to simulate gunfire, then asked the occupants inside simulate gunfire, then asked the occupants inside the fortress-like house to come outside to check the fortress-like house to come outside to check their vehicles for damage. Once the barricades to their vehicles for damage. Once the barricades to the home were down, the officers announced their the home were down, the officers announced their identity and authority to conduct a search.identity and authority to conduct a search.

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PRESENTING THE SEARCH WARRANT - PRESENTING THE SEARCH WARRANT - if the if the occupant is present, peace officers occupant is present, peace officers shouldshould show show the occupant the original warrant and give the the occupant the original warrant and give the occupant a copy.occupant a copy.

If no one is home, a copy of the warrant may be left If no one is home, a copy of the warrant may be left in a conspicuous place.in a conspicuous place.

The officer should leave behind a detailed list of The officer should leave behind a detailed list of the property taken, whether anyone is home or not.the property taken, whether anyone is home or not.

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SEARCH AND SEIZURESEARCH AND SEIZUREDetaining persons on the premisesDetaining persons on the premises

Peace officers may detain and pat down persons who Peace officers may detain and pat down persons who are present and have demonstrated a connection with are present and have demonstrated a connection with the premises...the premises...

if already inside the premisesif already inside the premises

has a key to enter the premises freely, orhas a key to enter the premises freely, or

enters the premises without knockingenters the premises without knocking

Someone’s mere arrival, by itself, at premises where a Someone’s mere arrival, by itself, at premises where a search is being conducted does not provide enough search is being conducted does not provide enough connection to justify a detention, let alone a pat down.connection to justify a detention, let alone a pat down.

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SEARCH AND SEIZURESEARCH AND SEIZURESearching ContainersSearching Containers

When a warrant authorizes a general search When a warrant authorizes a general search of a residence, vehicle, or person, it of a residence, vehicle, or person, it automatically authorizes the search of any automatically authorizes the search of any thing, place, or container where the object thing, place, or container where the object of the search might be located.of the search might be located.

If the warrant was for a specific container, If the warrant was for a specific container, that container would have to be described that container would have to be described as completely as possible in the warrant.as completely as possible in the warrant.

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SEARCH AND SEIZURESEARCH AND SEIZURENexus RuleNexus Rule

Officers may seize items not listed in the warrant when:Officers may seize items not listed in the warrant when:

the items are discovered while the officers are the items are discovered while the officers are conducting a lawful search for the listed or similar conducting a lawful search for the listed or similar evidence, evidence, ANDAND

they have probable cause to believe the item is they have probable cause to believe the item is contraband, evidence of criminal behavior, or would contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the otherwise aid in the apprehension or conviction of the criminal. criminal.

Nexus Nexus means a reasonable connection or link between means a reasonable connection or link between two or more items.two or more items.

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SEARCH AND SEIZURESEARCH AND SEIZURENexus RuleNexus Rule

NOTE:NOTE: When officers, in the course of a bona fide When officers, in the course of a bona fide effort to execute a valid search warrant, discover effort to execute a valid search warrant, discover articles which, although not included in the warrant, articles which, although not included in the warrant, are reasonably identifiable as contraband, they may are reasonably identifiable as contraband, they may seize them whether they are initially in plain sight or seize them whether they are initially in plain sight or come into plain sight subsequently as a result of the come into plain sight subsequently as a result of the officers' efforts. officers' efforts.

If an area is searched or an item is seized that is If an area is searched or an item is seized that is beyond the scope of the warrant, the evidence may be beyond the scope of the warrant, the evidence may be excluded later at trial.excluded later at trial.

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SEARCH AND SEIZURESEARCH AND SEIZUREPlain View ObservationsPlain View Observations

In a constitutional sense, when an officer sees an item in plain view, In a constitutional sense, when an officer sees an item in plain view, from a place the officer has a lawful right to be, from a place the officer has a lawful right to be, no search has taken no search has taken placeplace. .

The owner or possessor obviously has no reasonable expectation of The owner or possessor obviously has no reasonable expectation of privacy for items which are in plain view. privacy for items which are in plain view.

Without an expectation of privacy, the owner or possessor has no Without an expectation of privacy, the owner or possessor has no Fourth Amendment protection.Fourth Amendment protection.

Officers may use all of their senses, not just sight, to obtain probable Officers may use all of their senses, not just sight, to obtain probable cause. cause.

Plain view can also include items they can smell, hear, touch from a Plain view can also include items they can smell, hear, touch from a lawful position.lawful position.

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SEARCH AND SEIZURESEARCH AND SEIZUREPlain View SeizuresPlain View Seizures

““NONSEARCHES” - Requirements for SeizureNONSEARCHES” - Requirements for Seizure

If officers observe seizable evidence from a position where If officers observe seizable evidence from a position where they have a lawful right to be, they may seize the evidence they have a lawful right to be, they may seize the evidence without a search warrant, if the evidence itself is also in a without a search warrant, if the evidence itself is also in a place where the officer has a lawful right to go.place where the officer has a lawful right to go.

The officer may lawfully seize evidence or contraband in The officer may lawfully seize evidence or contraband in plain sight if the officer has...plain sight if the officer has...

probable cause, probable cause, a lawful right to be in the location, a lawful right to be in the location, andandlawful access to the itemlawful access to the item

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SEARCH AND SEIZURESEARCH AND SEIZUREAs a general rule, if an officer is in a As a general rule, if an officer is in a “public access” area“public access” area, , that is, an area over which the public or some members of that is, an area over which the public or some members of the public have been expressly or impliedly invited, the public have been expressly or impliedly invited, that is that is an area where the officer has a lawful right to bean area where the officer has a lawful right to be..

A sidewalk, pathway, common entrance or similar passageway offers an implied permission to the public, including a police officer, to enter the property and observations from these areas would be lawful.

If a person exposes his activities to public view, he does not expect privacy, and observation of these activities by a police officer would obviously be lawful (e.g., selling drugs openly in a park).

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SEARCH AND SEIZURESEARCH AND SEIZURESimply because an officer can see an object in plain view Simply because an officer can see an object in plain view from a lawful location, does not automatically mean the from a lawful location, does not automatically mean the officer may legally enter private property without a warrant officer may legally enter private property without a warrant to seize it,to seize it, even if the object is obviously contraband or even if the object is obviously contraband or evidence of a crimeevidence of a crime..

Lawful access to private property is commonly obtained Lawful access to private property is commonly obtained when the Officer’s entry is based on:when the Officer’s entry is based on:

ConsentConsentExigent circumstances - evidence will be destroyedExigent circumstances - evidence will be destroyedLawfully entered the area for some other purpose (e.g., to Lawfully entered the area for some other purpose (e.g., to conduct a parole or probation search, etc.)conduct a parole or probation search, etc.)

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SEARCH AND SEIZURESEARCH AND SEIZUREWarrantless Searches – Case Law Warrantless Searches – Case Law

ExceptionsExceptionsThe Fourth Amendment does not prohibit all searches -- only The Fourth Amendment does not prohibit all searches -- only those that are unreasonable. those that are unreasonable.

The courts have identified the following The courts have identified the following exceptionsexceptions to to warrant searches and seizures as reasonable and, therefore, warrant searches and seizures as reasonable and, therefore, legal.legal.

Cursory / Frisks, Cursory / Frisks, Consent searches, Consent searches, Searches pursuant to exigent circumstances,Searches pursuant to exigent circumstances,Searches pursuant to custodial arrest, Searches pursuant to custodial arrest, andandProbation/Parole searches.Probation/Parole searches.

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SEARCH AND SEIZURESEARCH AND SEIZUREWarrantless SearchesWarrantless Searches

A “A “CUSORY OR FRISKCUSORY OR FRISK" is a strictly limited search for possible " is a strictly limited search for possible weapons onlyweapons only of the outer clothing of the person who has been of the outer clothing of the person who has been lawfully detained. lawfully detained.

It is not a search for contraband or other evidence.It is not a search for contraband or other evidence.

The basis for any frisk is to prevent danger to the officer from an The basis for any frisk is to prevent danger to the officer from an unexpected assault. unexpected assault.

the person must be the person must be lawfully detainedlawfully detained for an investigative for an investigative purpose, purpose, andand

the searching officer must be able to articulate specific facts the searching officer must be able to articulate specific facts caused them to reasonably believe, in light of the officer's caused them to reasonably believe, in light of the officer's experience, the person is dangerous or may be carrying a experience, the person is dangerous or may be carrying a weapon. weapon.

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SEARCH AND SEIZURESEARCH AND SEIZUREScope of the frisk

An officer may conduct a cursory search, not only of the An officer may conduct a cursory search, not only of the individual's outer clothing, but of any area (including a individual's outer clothing, but of any area (including a vehicle) from which the individual might easily procure vehicle) from which the individual might easily procure weapons, if the officer weapons, if the officer reasonably suspectsreasonably suspects that a weapon that a weapon is located there. is located there.

Although the officer may have the right to pat down the Although the officer may have the right to pat down the suspect's outer clothing, suspect's outer clothing, the officer may not reach inside the officer may not reach inside the clothing of the suspect or search further unless they the clothing of the suspect or search further unless they have reason to believe that the pat-down has disclosed the have reason to believe that the pat-down has disclosed the presence of a weapon or contraband.presence of a weapon or contraband.

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If during the pat down for weapons, If during the pat down for weapons, contrabandcontraband becomes immediately apparent it may be seized becomes immediately apparent it may be seized (e.g., the officer feels a syringe). (e.g., the officer feels a syringe).

If during the pat-down an officer feels something If during the pat-down an officer feels something they suspect is contraband but is not immediately they suspect is contraband but is not immediately recognizable as such, recognizable as such, they may not manipulate the they may not manipulate the suspected area in order to develop additional suspected area in order to develop additional probable causeprobable cause. .

““The officer must move on…” The officer must move on…”

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If the stop and frisk or the scope of the frisk are If the stop and frisk or the scope of the frisk are unreasonable, any evidence obtained by the officer as a unreasonable, any evidence obtained by the officer as a result of these actions may be inadmissible in court.result of these actions may be inadmissible in court.

If an officer discovers a weapon or something that could If an officer discovers a weapon or something that could be used as a weapon, the officer has a right to seize it be used as a weapon, the officer has a right to seize it from the person.from the person.

The officer may hold the weapon or potential weapon The officer may hold the weapon or potential weapon until the detention is concluded. until the detention is concluded.

If there is no probable cause to make an arrest, then the If there is no probable cause to make an arrest, then the item must be returned to the subject.item must be returned to the subject.

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Contributing to the belief that the person may be carrying a Contributing to the belief that the person may be carrying a weapon:weapon:

Clothing - Bulge/heave coat in warm weatherClothing - Bulge/heave coat in warm weatherActions - Trying to hide somethingActions - Trying to hide somethingPrior KnowledgePrior KnowledgeReason for detention - investigate a serious, violent or armed Reason for detention - investigate a serious, violent or armed offenseoffenseCompanions - Can search if they revealed a weaponCompanions - Can search if they revealed a weaponLocation Location Time of Day - Amount of LightTime of Day - Amount of LightRatio - Bad vs. Good guysRatio - Bad vs. Good guys

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CONTAINERSCONTAINERS - if the officer comes across a container - if the officer comes across a container on the person during a cusory/frisk, the officer is on the person during a cusory/frisk, the officer is entitled to seize it and open it only if it is reasonable to entitled to seize it and open it only if it is reasonable to believe it believe it can be used as a weapon or that it might can be used as a weapon or that it might contain a weaponcontain a weapon..

IN GENERAL – common containers like cigarette IN GENERAL – common containers like cigarette packs and film containers are not searchable. packs and film containers are not searchable.

(DUH cuz they cannot reasonably contain a (DUH cuz they cannot reasonably contain a weapon…)weapon…)

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Detention alone does not give officers the Detention alone does not give officers the right to search (open) the container, unless right to search (open) the container, unless their knowledge and experience provide their knowledge and experience provide probable cause to believe that is contains probable cause to believe that is contains contraband contraband (i.e. they could easily feel that (i.e. they could easily feel that the object was small and resilient like a the object was small and resilient like a heroin-filled balloon)heroin-filled balloon), since with probable , since with probable cause they could make an arrest.cause they could make an arrest.

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TRANSPORTING PASSENGERS - nonarresteesTRANSPORTING PASSENGERS - nonarrestees

If you are not obligated to transport an individual, then the If you are not obligated to transport an individual, then the officer must tell the individual that:officer must tell the individual that:

they have the right to refuse the ride, they have the right to refuse the ride, and and if they accept the ride they may be subject to a cursory/frisk if they accept the ride they may be subject to a cursory/frisk search for weapons first. search for weapons first.

If the officer has a duty to transport a person (e.g., an officer If the officer has a duty to transport a person (e.g., an officer taking a hitchhiker off the freeway), the officer has the right to taking a hitchhiker off the freeway), the officer has the right to conduct a pat-down. conduct a pat-down.

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CONSENT SEARCHES CONSENT SEARCHES

For consent to be valid, the consent must be clear, For consent to be valid, the consent must be clear, specific, and unequivocal. specific, and unequivocal.

The consent must be:The consent must be:

free and voluntary, andfree and voluntary, and

obtained from a person with obtained from a person with authorityauthority to give that consent to give that consent

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CONSENT SEARCHES CONSENT SEARCHES

If officers have probable cause to search but If officers have probable cause to search but lack exigent circumstance to justify a lack exigent circumstance to justify a warrantless entry, they should always seek warrantless entry, they should always seek a warrant instead of seeking consent.a warrant instead of seeking consent.

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General issues regarding consentGeneral issues regarding consent

The voluntary consent is one that is freely given, The voluntary consent is one that is freely given, without threat or promise.without threat or promise.

A consent is involuntary if given in submission to an A consent is involuntary if given in submission to an unlawful assertion of authority, whether expressed or unlawful assertion of authority, whether expressed or implied, or following an unlawful arrest or detention.implied, or following an unlawful arrest or detention.

An officer cannot use coercive methods or otherwise An officer cannot use coercive methods or otherwise intimidate the person into giving consent, intimidate the person into giving consent, request request permission, not demand itpermission, not demand it..

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Scope of a consent searchScope of a consent search

Peace officers may search those places and things they Peace officers may search those places and things they reasonably believe the consenting person authorized them to reasonably believe the consenting person authorized them to search. search.

As long as the search remains within the scope given, officers As long as the search remains within the scope given, officers may seize any crime-related evidence which they discover.may seize any crime-related evidence which they discover.

If the consenting person expressly or implicitly restricted the If the consenting person expressly or implicitly restricted the search to certain places or things, officers must honor those search to certain places or things, officers must honor those restrictions.restrictions.

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Limitation on area of consentLimitation on area of consent

Officers must carefully observe any limitations placed Officers must carefully observe any limitations placed upon the consent. In other words, upon the consent. In other words, consent to search consent to search portions of a suspect's premises does not imply portions of a suspect's premises does not imply consent to search the entire premises.consent to search the entire premises.

If officers choose to ignore the withdrawal of consent, If officers choose to ignore the withdrawal of consent, any evidence that is subsequently seized will be any evidence that is subsequently seized will be inadmissible at trial unless it can be justified on other inadmissible at trial unless it can be justified on other grounds.grounds.

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Types of consentTypes of consent

EXPRESSED CONSENTEXPRESSED CONSENT is that which is directly given is that which is directly given either orally or in writing. It is a positive, direct, either orally or in writing. It is a positive, direct, unequivocal consent, requiring no inference or unequivocal consent, requiring no inference or implication to supply its meaning.implication to supply its meaning.

IMPLIED CONSENTIMPLIED CONSENT is manifested by signs, actions, or is manifested by signs, actions, or facts, which raise a presumption that the consent has facts, which raise a presumption that the consent has been given (nodding OK). This is the weakest form of been given (nodding OK). This is the weakest form of consent, and every effort should be made to obtain an consent, and every effort should be made to obtain an expressed consent.expressed consent.

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Consent can be withdrawn by:Consent can be withdrawn by:

Expressly doing so, orExpressly doing so, ormaking a statement or engaging in conduct that making a statement or engaging in conduct that reasonably indicates the the consent is being withdrawn.reasonably indicates the the consent is being withdrawn.

An officer can tell an occupant that he will seek a search An officer can tell an occupant that he will seek a search warrant if consent is not given provided the officer warrant if consent is not given provided the officer believes he could in fact seek and obtain one. believes he could in fact seek and obtain one.

Consent obtained as the result of any illegal act will be Consent obtained as the result of any illegal act will be held to be involuntary.held to be involuntary.

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As a general rule, As a general rule, a third person can give a valid consent to a third person can give a valid consent to search the area under their exclusive control or the areas search the area under their exclusive control or the areas that they share in common with the suspectthat they share in common with the suspect..

These rules apply to the following relationships:These rules apply to the following relationships:

Husband and WifeHusband and Wife

EXAMPLE: In a husband-wife relationship, either spouse EXAMPLE: In a husband-wife relationship, either spouse may give consent to search anywhere in the premises may give consent to search anywhere in the premises except those areas that are under the except those areas that are under the exclusive controlexclusive control of of the spouse. the spouse.

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Parent and ChildParent and Child

EXAMPLE: Parents can give permission to search a EXAMPLE: Parents can give permission to search a juvenile's room unless it is an area or item of exclusive juvenile's room unless it is an area or item of exclusive control. control.

Cohabitants (roommates)Cohabitants (roommates)

Other persons in control (visitors, babysitters, etc.)Other persons in control (visitors, babysitters, etc.)

A cohabitant cannot refuse the search of common A cohabitant cannot refuse the search of common areas.areas.

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The following are not persons who have a right of use The following are not persons who have a right of use or control so as to give consent.or control so as to give consent.

Landlord/Tenant, Motel Owner/BoarderLandlord/Tenant, Motel Owner/Boarder

Guests in an apartment/motel are protected under the Guests in an apartment/motel are protected under the fourth amendment when they rent, etc. fourth amendment when they rent, etc.

They are protected as if they were in their own home They are protected as if they were in their own home against unlawful intrusions by police officers.against unlawful intrusions by police officers.

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Withdrawal consentWithdrawal consent

The person giving consent has the right to The person giving consent has the right to withdraw or limit that consent at any time withdraw or limit that consent at any time during the search.during the search.

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SEARCHES / EXIGENT CIRCUMSTANCESSEARCHES / EXIGENT CIRCUMSTANCES

Under Under exigent (emergency) circumstancesexigent (emergency) circumstances, an officer , an officer may postpone compliance with the warrant may postpone compliance with the warrant requirement and enter an area that otherwise has a requirement and enter an area that otherwise has a reasonable expectation of privacy.reasonable expectation of privacy.

Once inside, peace officers may do whatever is Once inside, peace officers may do whatever is necessary to resolve the emergency - necessary to resolve the emergency - nothing morenothing more. .

When exigent circumstances exist, peace officers are When exigent circumstances exist, peace officers are not required to comply with knock and notice not required to comply with knock and notice procedures before entering.procedures before entering.

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An exigent circumstance is a situation requiring swift action where the following situations exist:

IMMINENT DANGER TO A PERSON’S LIFE or SAFETYIMMINENT DANGER TO A PERSON’S LIFE or SAFETY

Where a person is placing another person in imminent danger of life or great bodily injury (such as through a violent assault, child abuse, sick or injured person or domestic violence) or in medical emergencies where the victim may be incapacitated

SERIOUS DAMAGE TO PROPERTYSERIOUS DAMAGE TO PROPERTY

In burning buildings where chemical or gas leaks present a danger of explosion or burglaries

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TO PREVENT THE IMMINENT ESCAPE OF THE SUSPECT - TO PREVENT THE IMMINENT ESCAPE OF THE SUSPECT - HOT/FRESH PURSUITHOT/FRESH PURSUIT. .

An officer initiates an investigation shortly after a An officer initiates an investigation shortly after a dangerous crime has been committed and is in the dangerous crime has been committed and is in the continual investigation of the crimecontinual investigation of the crime

An officer is actually chasing a suspectAn officer is actually chasing a suspect

A suspect jumps out of a fleeing vehicle and runs into a A suspect jumps out of a fleeing vehicle and runs into a house. No warrant would be required to enter the househouse. No warrant would be required to enter the house

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Hot PursuitHot Pursuit - Officers attempt to - Officers attempt to DETAIN OR ARRESTDETAIN OR ARREST the the suspect in a public place, but the suspect flees inside a suspect in a public place, but the suspect flees inside a private area. private area.

Fresh PursuitFresh Pursuit - An officer initiates an investigation (no - An officer initiates an investigation (no physical chase/pursuit) shortly after a dangerous crime physical chase/pursuit) shortly after a dangerous crime has been committed and is in the continual investigation has been committed and is in the continual investigation of the crime and the suspects escape is imminent.of the crime and the suspects escape is imminent.

Case law has supported Case law has supported fresh pursuitfresh pursuit entries only when entries only when the suspect was wanted for a felony and was believed to the suspect was wanted for a felony and was believed to be armed and dangerous.be armed and dangerous.

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IMMINENT DESTRUCTION OR REMOVAL OF EVIDENCEIMMINENT DESTRUCTION OR REMOVAL OF EVIDENCE..

Where there are Where there are specific and articulablespecific and articulable facts that evidence facts that evidence will be destroyed or removed.will be destroyed or removed.

A mere suspicion that evidence will be destroyed does not A mere suspicion that evidence will be destroyed does not trigger exigent circumstances.trigger exigent circumstances.

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Peace officers may not use exigent circumstances as an Peace officers may not use exigent circumstances as an excuse for a warrantless entry if they have created the excuse for a warrantless entry if they have created the emergency unnecessarily by their own conduct.emergency unnecessarily by their own conduct.

Officers who are conducting a lawful search based on exigent Officers who are conducting a lawful search based on exigent circumstances may seize any item in circumstances may seize any item in plain viewplain view if there is if there is probable cause to believe the item is evidence of a crime.probable cause to believe the item is evidence of a crime.

After the emergency is secured, peace officers must vacate the After the emergency is secured, peace officers must vacate the premises within a reasonable amount of time and may not premises within a reasonable amount of time and may not reenter unless:reenter unless:

They obtain a search warrant, consent or the emergency is still They obtain a search warrant, consent or the emergency is still continuing.continuing.

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SEARCHES INCIDENT TO A LAWFUL ARREST SEARCHES INCIDENT TO A LAWFUL ARREST

A search incident to arrest may be conducted when:A search incident to arrest may be conducted when:

probable cause for a lawful arrest existsprobable cause for a lawful arrest existsthe suspect is taken into custody, the suspect is taken into custody, andandthe search is contemporaneous with the arrestthe search is contemporaneous with the arrest

The search is justified by the custodial nature of the arrest, The search is justified by the custodial nature of the arrest, not by the nature or circumstances of the crime that lead not by the nature or circumstances of the crime that lead to the arrest.to the arrest.

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SEARCHES INCIDENT TO A LAWFUL ARREST SEARCHES INCIDENT TO A LAWFUL ARREST

Custodial arrestCustodial arrest - is one in which a person will be - is one in which a person will be transported to another location or facility, such as a transported to another location or facility, such as a station, jail, or detox center, juvenile hall, or school.station, jail, or detox center, juvenile hall, or school.

A full search of the person, containers on the arrestee’s A full search of the person, containers on the arrestee’s person and the nearby physical area that was under the person and the nearby physical area that was under the immediate control of the arrestee. (immediate control of the arrestee. (within arm’s reachwithin arm’s reach))

A search incident to arrest is not permitted when the A search incident to arrest is not permitted when the suspect is merely cited and released.suspect is merely cited and released.

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In order for the search to be lawful, the arrest itself In order for the search to be lawful, the arrest itself must be legal.must be legal.

The search must be contemporaneous with the The search must be contemporaneous with the actual arrest. As a general rule, the search must take actual arrest. As a general rule, the search must take place at the same general time and same general place at the same general time and same general location as the arrest.location as the arrest.

The arrest must be custodial. Generally, the scope The arrest must be custodial. Generally, the scope of a search incident to an arrest is the ”of a search incident to an arrest is the ”ARMS ARMS REACH RULEREACH RULE” - area in which the arrestee may grab ” - area in which the arrestee may grab a weapon, obtaining any item that could be used as a weapon, obtaining any item that could be used as a weapon, or destroy evidence.a weapon, or destroy evidence.

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Searches incident to an arrest are not permissible when the Searches incident to an arrest are not permissible when the arrest will be disposed of by a mere citation unless probable arrest will be disposed of by a mere citation unless probable cause exists to believe a search will yield further evidence of cause exists to believe a search will yield further evidence of the crime.the crime.

"PROTECTIVE SWEEPS”"PROTECTIVE SWEEPS” are searches of spaces immediately are searches of spaces immediately adjoining the area of the arrest for additional suspects or adjoining the area of the arrest for additional suspects or victims (individuals only).victims (individuals only).

The entire premises where the suspect is arrested may be The entire premises where the suspect is arrested may be searched for additional suspects or victims when the officer searched for additional suspects or victims when the officer has reasonable cause to believe there are additional suspects has reasonable cause to believe there are additional suspects or victims.or victims.

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A person on probation can be searched under the following A person on probation can be searched under the following conditions:conditions:

When the officer has knowledge that the probationer has an When the officer has knowledge that the probationer has an existing search conditionexisting search conditionWhen the officer has knowledge as to the specific scope of When the officer has knowledge as to the specific scope of the search conditionthe search conditionAt the direction of a probation officerAt the direction of a probation officer

******Not all probationers have a "search condition" to their Not all probationers have a "search condition" to their probation. probation.

******Not all search conditions are the same.Not all search conditions are the same.

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A parole search is a search conducted in accordance with the A parole search is a search conducted in accordance with the parole conditions set forth by the provisions of 15 CCR 2511.parole conditions set forth by the provisions of 15 CCR 2511.

All parolees have the same standard search conditions.All parolees have the same standard search conditions.

Unlike probation searches, Unlike probation searches, parole searches require reasonable parole searches require reasonable suspicion of violation of the law or violation of his or her suspicion of violation of the law or violation of his or her conditions of paroleconditions of parole..

There must be a direct and close relationship between the There must be a direct and close relationship between the search and the parolee's involvement with a criminalsearch and the parolee's involvement with a criminal activity. activity.

It is recommended that the officer make some attempt to contact It is recommended that the officer make some attempt to contact the parole agent before conducting the search.the parole agent before conducting the search.

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Reasonable belief that the probationer has violated terms Reasonable belief that the probationer has violated terms of their probation is not necessary prior to the search. The of their probation is not necessary prior to the search. The only prerequisite for this type of search is that the officer only prerequisite for this type of search is that the officer must conduct the search for a legitimate law enforcement must conduct the search for a legitimate law enforcement purpose and purpose and not for the purpose of harassmentnot for the purpose of harassment..

(People v. Bravo 43 Cal. 3d 600 (1987)(People v. Bravo 43 Cal. 3d 600 (1987)

Verification of status and/or search conditions is Verification of status and/or search conditions is recommended. However, some cases have upheld a recommended. However, some cases have upheld a probation search where the officer was unaware of the probation search where the officer was unaware of the search condition. It is not necessary to procure the search condition. It is not necessary to procure the consent or permission of the probation officer.consent or permission of the probation officer.

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Knock and notice is required. Knock and notice is required.

Need not obtain consent of a joint occupant.Need not obtain consent of a joint occupant.

May search any rooms under probationer/parole search.May search any rooms under probationer/parole search.

It is not necessary for the probationer to be present at the time or place It is not necessary for the probationer to be present at the time or place of the probation search. of the probation search.

Personal property may be searched if officer reasonably believes it Personal property may be searched if officer reasonably believes it belongs to subject.belongs to subject.

Officers are not required to accept denials of ownership/occupancy.Officers are not required to accept denials of ownership/occupancy.

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SEARCH AND SEIZURESEARCH AND SEIZURESearches of VehiclesSearches of Vehicles

Special rules exist for the searches of vehicles due to:Special rules exist for the searches of vehicles due to:

Their increased mobility, and the reduced expectation Their increased mobility, and the reduced expectation of privacy…of privacy…

A search of a vehicle may be conducted if:A search of a vehicle may be conducted if:

The vehicle must have been lawfully stopped, or The vehicle must have been lawfully stopped, or otherwise be lawfully accessible, andotherwise be lawfully accessible, andThe officers must have enough facts, knowledge, The officers must have enough facts, knowledge, training, or experience to provide probable cause that training, or experience to provide probable cause that the item they are seeking will be found inside the the item they are seeking will be found inside the vehicle.vehicle.

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Vehicle searches with probable cause (Carroll Vehicle searches with probable cause (Carroll Doctrine) - Rationale for the rule: Doctrine) - Rationale for the rule:

The capacity of a motor vehicle to be moved quickly The capacity of a motor vehicle to be moved quickly to an unknown location or beyond the jurisdictional to an unknown location or beyond the jurisdictional reach of a law enforcement officer often makes it reach of a law enforcement officer often makes it impossible to obtain a warrant to search a vehicle.impossible to obtain a warrant to search a vehicle.

In many cases, if the officer takes the time to obtain In many cases, if the officer takes the time to obtain a search warrant, they the risk that contraband, fruits a search warrant, they the risk that contraband, fruits of a crime, instrumentality's of a crime, or other of a crime, instrumentality's of a crime, or other criminal evidence will be destroyed, removed, or criminal evidence will be destroyed, removed, or concealed in the meantime.concealed in the meantime.

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Exception applies not only to vehicles which are mobile, but also to Exception applies not only to vehicles which are mobile, but also to any vehicle which any vehicle which reasonably appears to be mobile, even if, in fact, reasonably appears to be mobile, even if, in fact, it is notit is not..

If you come across a vehicle parked in a place you have a right to If you come across a vehicle parked in a place you have a right to be, and observe, in plain view, a sawed-off shotgun, visible in the be, and observe, in plain view, a sawed-off shotgun, visible in the back seat, can you enter the vehicle to retrieve the vehicle? Yes or back seat, can you enter the vehicle to retrieve the vehicle? Yes or No – No – YesYes, the vehicle contains item(s) subject to seizure and when , the vehicle contains item(s) subject to seizure and when exigent circumstances prevent the officer from obtaining a warrant exigent circumstances prevent the officer from obtaining a warrant (mobility of the vehicle)(mobility of the vehicle)

If a vehicle is in a place which has a reasonable expectation of If a vehicle is in a place which has a reasonable expectation of privacy, such a garage, a privacy, such a garage, a warrantwarrant may be necessary to search may be necessary to search (enter) the property (garage).(enter) the property (garage).

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SEARCHES OF VEHICLES BASED UPON PROBABLE CAUSE

A general rule is that if an officer has probable cause to believe that a vehicle contains evidence or contraband, such that a magistrate would be justified in issuing a warrant, then the officer can conduct the search without a warrant.

The vehicle must have been lawfully stopped, or otherwise be lawfully accessible.

The scope of the search would be limited to those areas in the vehicle where it would reasonably be likely to find the evidence or contraband in question, i.e., passenger compartment, glove compartment, hood, trunk, closed personal containers, etc.

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CLOSED CONTAINERS

Officers are entitled to open and search any closed, personal container within the vehicle which might reasonably contain the item.

Example:Example:

Peace officers had sufficient probable cause to believe a suspect had stolen cash front an open cash register at a convenience store. The officers were justified in searching all areas of the suspect’s vehicle where the cash might reasonably be hidden. (i.e., the recesses of the car seats, the trunk, the pockets of a jacket on the back seat, etc.)

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Motor vehicle as defined by CVC 415 as a vehicle that is self-propelled.

A motor home is considered a mobile "vehicle" and may be searched as any other vehicle when it is being used on a highway.

A motor home parked in a public campground, hooked up to utilities and not readily able to be driven on a public road, is considered a residenceresidence rather than a motor vehicle, a warrant will be required to search it.

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PLAIN VIEW SEIZURESPLAIN VIEW SEIZURES

To seize evidence from a vehicle, peace officers must recognize the item as being crime-related or have probable cause to believe that it is.

officers must have probable cause to believe the item is crime-related, be in a lawful location to observe the item, andandHAVE LAWFUL ACCESS TO THE ITEMHAVE LAWFUL ACCESS TO THE ITEM.

The area that can be observed from outside a vehicle carries such a low expectation of privacy that officers may enter the vehicle to seize the property - Use of Flashlight is OK.

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PROTECTIVE SEARCHESPROTECTIVE SEARCHES (like a cusory/frisk search) is a limited warrantless search of the passenger compartment of a vehicle for weapons.

The vehicle to be searched, must have been lawfully detained.

Officers must reasonable believe, based on specific facts, that there may be a weapon, or item that could be used as a weapon, inside the vehicle.

*Plain view and container searches apply to protective searches.

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Officers may search:

Only for weapons or potential weapons, In the passenger compartment of the vehicle,Where the occupant(s) of the vehicle would have reasonable access to the weapon or item that could be used as a weapon

Once the searching officer determines there are no weapons or potential weapons within the passenger compartment, the search must end.

***If you find a weapon, you can continue for additional weapons.

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SEARCHES OF VEHICLES PURSUANT TO CONSENT

The rules for searching a vehicle based on consent are the same as any other consent search.

The consent must be knowingly, intelligently, and voluntarily given and the officer must comply with the scope (limitations) of the consent.

***Should get a signed consent-to-search form, or verbally inform the individuals in authority that they have a right to refuse consent.

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CLOSED CONTAINERS:CLOSED CONTAINERS: establishing ownership of an object within a vehicle is important since individuals who disclaim ownership may lack AUTHORITY to grant permission to search it.

Individuals who deny ownership may also lack standing in court.

Peace officers should always ask if a container in a vehicle belongs to the person granting permission and include in their report.

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SEARCHES INCIDENT TO CUSTODIAL ARREST

A search may be conducted of the area within that person's A search may be conducted of the area within that person's reach.reach.

This area includes the entire "passenger" compartment of the vehicle and any container therein (even if that container belongs to someone else in the vehicle who was not arrested).

This search is based on the custodial nature of the arrest, not on the specific charge that the person was arrested for.

The trunk of the vehicle may not be searched as incident to the The trunk of the vehicle may not be searched as incident to the arrest of an occupant of the vehicle.arrest of an occupant of the vehicle.

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The arrest must be custodial, meaning the arrestee will be transported to another location or facility, such as a station, jail, or detox center, juvenile hall, or school.

An arrest is not custodial, and therefore no An arrest is not custodial, and therefore no search is allowed, if the arrestee is merely search is allowed, if the arrestee is merely cited and releasedcited and released..

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SEARCHING THE TRUNKSEARCHING THE TRUNK

This does not include searching the trunk of the car since the trunk is not within the arrestee's immediate control and access.

The trunk may be searched if you can develop independent probable cause that it contains evidence or contraband.

Example:

During a custodial arrest an officer finds ammunition in the passenger compartment, but no gun. Since it is probable that a gun could be stored in the trunk, a search of the trunk would be justified.

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Proximity to the vehicle:

The person may be considered an occupant of the vehicle if…

The officers reasonably believe the arrestee was an occupant shortly before the arrest, or

There was something else indicating a close association between the vehicle and the arrestee at the time of arrest.

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INSTRUMENTALITY SEARCHESINSTRUMENTALITY SEARCHES

A vehicle may generally be deemed an instrumentality of a crime if:

the crime was committed inside the vehicle, orthe crime was committed inside the vehicle, orthe vehicle was the means by which the crime was the vehicle was the means by which the crime was committed (e.g., hit and run)committed (e.g., hit and run)

A vehicle is not an instrumentality merely because it is used during the commission of a crime.

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VEHICLE INVENTORIESVEHICLE INVENTORIES

An inventory is a procedure an officer uses to account for and protect the personal property of a person in a vehicle after the vehicle has been impounded or stored and protect government agencies from false claims of loss.

An inventory is not a search for evidence or contraband.An inventory is not a search for evidence or contraband.

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In order to conduct an inventory:

The vehicle must be in the lawful custody of law enforcement (e.g. impounded to stored pursuant to a specific statute, removed at the request of the driver, etc.)

The officer must conduct the inventory pursuant to their agency policy.

If during the course of an inventory the officer discovers evidence or contraband, it may be seized.

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Scope of search, may include, but not limited to:

Under the seatsGlove compartments, Consoles, The trunk, andClosed containers.

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SEARCH AND SEIZURESEARCH AND SEIZUREWarrant body searchesWarrant body searches

Peace officers must show PROBABLE CAUSE PROBABLE CAUSE PLUS PLUS to search in order to obtain a warrant allowing bodily intrusion searches.

In addition, the courts also require that the more intense, unusual, prolonged, uncomfortable, unsafe, or undignified the procedure contemplated, the greater the showing for the procedure’s necessity must be.

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SEARCH AND SEIZURESEARCH AND SEIZUREWarrantless Body SearchesWarrantless Body Searches

Officers may seize evidence from a suspect’s body without a warrant if they have valid express or implied consent and:

probable cause to arrest, probable cause to arrest, plusplusprobable cause to search, probable cause to search, plusplusexigent circumstances, exigent circumstances, andanda need that outweighs the intrusiveness a need that outweighs the intrusiveness

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By obtaining a driver’s license in California, a person has given implied consent for chemical (blood, breath, or urine) without a warrant.

VC 23612 states that persons have given implied consent if they:

have a California driver’s license, andandare lawfully arrested for a motor vehicle violation, andandare reasonably suspected by the arresting officer of being under the influence of drugs or alcohol.

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The existence of exigent circumstances may depend on the stability of the evidence being obtained.

Evidence is considered to be either stable evidence or evanescent evidence.

STABLESTABLE - will not change over time (Blood typing/DNA)

EVANESCENTEVANESCENT - will change or be lost over time…DUI tests, scrapings from under a suspect’s fingernails

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Example:

Blood to test for drugs or alcohol was taken from a sniper who was acting “crazy” when police caught him in the act.

No warrant was required since the evidence was evanescent and was relevant to the suspect’s mental state at the time of the offense.

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SEARCH AND SEIZURESEARCH AND SEIZUREUse of Reasonable ForceUse of Reasonable Force

Officers may not use brutal or excessive force to recover evidence. No bodily intrusion is permissible if the force necessary to do it would shock the conscience.

Officers may use only that degree of force that is necessary to overcome the suspect’s resistance and recover the evidence.

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SEARCH AND SEIZURESEARCH AND SEIZUREUse of Reasonable Force to prevent Use of Reasonable Force to prevent

SwallowingSwallowing

While physical force may be applied to the neck area, choking is choking is expressly prohibitedexpressly prohibited by the courts.

Choking has been defined as the impermissible use of force applied to the neck area, which could result in unconsciousness or prevents an individual from breathing.

The seizure of evidence through choking is a violation of the suspect's Fourth Amendment rights, and the evidence seized could be inadmissible.

It makes no difference how little or how long the officer chokes the suspect. In other words, no “Choke holds” may be used, because they are too dangerous.

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Documentation

The manner in which an officer accurately describes their conduct in arrest reports, as well as in the courtroom, may significantly affect the admissibility of any evidence recovered through the application of physical force.

"Choking""Choking" should not be used as a generic term to describe all applications of force to the neck area, particularly when the hold was designed to prevent swallowing, and yet allow the suspect to breathe.

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***REMEMBER:

Officers are permitted to exert minimal pressure on Officers are permitted to exert minimal pressure on the neck area to prevent swallowing. the neck area to prevent swallowing.

Such pressure may not prevent breathing or substantially impair the flow the flow of blood to the suspect’s head.

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Example:

In People v. Larkins 52 Cal. App. 3d 514 (1975), a police officer asked a female suspect her name, he noted that she had difficulty speaking and observed balloons normally used to contain heroin inside her mouth. He reached inside her mouth and retrieved the evidence before she could swallow it. The extracted evidence was held admissible.

Police officers may forcibly remove an object from a Police officers may forcibly remove an object from a suspect's hand or clenched fist. suspect's hand or clenched fist.

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SEARCH AND SEIZURESEARCH AND SEIZURESWALLOWED EVIDENCE/INDUCE TO VOMITSWALLOWED EVIDENCE/INDUCE TO VOMIT

Two options if a suspect swallows evidence or contraband:

–Detain the suspect under controlled conditions and wait until the evidence naturally passes through the suspect’s system, oror

–Have a physician pump the suspect’s stomach or administer an emetic to induce vomiting.

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SEARCH AND SEIZURESEARCH AND SEIZURESWALLOWED EVIDENCE/INDUCE TO VOMITSWALLOWED EVIDENCE/INDUCE TO VOMIT

An emetic is a substance used to induce vomiting or a suspect can have their stomach pumped in a medically approved manner under any of the following conditions:

The consent of the suspect, orThe consent of the suspect, or If ordered by the physician based upon the physician’s If ordered by the physician based upon the physician’s judgment of medical necessity (e.g., to prevent serious judgment of medical necessity (e.g., to prevent serious injury or deathinjury or deathWarrant permitting the searchWarrant permitting the search

NOTE:NOTE: A peace officer cannot request or order a doctor to administer an emetic or pump a stomach.

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SEARCH AND SEIZURESEARCH AND SEIZUREBLOOD SAMPLESBLOOD SAMPLES

The procedures for obtaining BLOOD SAMPLES are:

Obtain the suspect's Obtain the suspect's consent consent when possible when possible

Obtain the blood sample in a Obtain the blood sample in a medically approved medically approved manner by trained medical personnelmanner by trained medical personnel

If a person refuses to voluntarily supply a blood If a person refuses to voluntarily supply a blood sample, the only way the sample can be forcibly sample, the only way the sample can be forcibly obtained is if the person is under obtained is if the person is under arrest or if probable arrest or if probable cause to arrest exists, and the evidence is dissipatingcause to arrest exists, and the evidence is dissipating

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SEARCH AND SEIZURESEARCH AND SEIZUREBLOOD SAMPLESBLOOD SAMPLES

Obtain a search warrant if time is not a factor (e.g., if the Obtain a search warrant if time is not a factor (e.g., if the purpose of the sample is to obtain the suspect's blood type)purpose of the sample is to obtain the suspect's blood type)

The only time that a warrantless blood draw is justified is when The only time that a warrantless blood draw is justified is when the evidence is of a dissipating nature (i.e., alcohol or drugs in the the evidence is of a dissipating nature (i.e., alcohol or drugs in the blood). Otherwise, a warrant would be requiredblood). Otherwise, a warrant would be required

Use only reasonable force to obtain an involuntary blood sampleUse only reasonable force to obtain an involuntary blood sample

Take blood samples without consent from incapacitated Take blood samples without consent from incapacitated persons (e.g., incoherent, unconscious) when needed for a persons (e.g., incoherent, unconscious) when needed for a legitimate law enforcement purposelegitimate law enforcement purpose

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SEARCH AND SEIZURESEARCH AND SEIZUREFINGERPRINT EVIDENCEFINGERPRINT EVIDENCE

The legal requirements governing the involuntary collection of FINGERPRINT evidence from an arrestee are:

When a person has been placed under arrest, an arrestee has no When a person has been placed under arrest, an arrestee has no legal right to refuse fingerprintinglegal right to refuse fingerprinting

An officer may use reasonable force to obtain fingerprint evidence from an arrested person.

Fingerprints taken by force are often smeared or incomplete and are seldom useful

Refusal could result in contempt-of-court charges

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SEARCH AND SEIZURESEARCH AND SEIZUREHANDWRITING / VOICE EXEMPLARSHANDWRITING / VOICE EXEMPLARS

The legal principles governing the involuntary collection of a HANDWRITING EXEMPLAR / VOICE EVIDENCE from a suspect are:

A suspect has no legal right to refuse to provide a handwriting exemplar / voice evidence.

A court order may be issued to compel the suspect to provide an exemplar resulting in contempt-of-court.

Exemplars of the defendant's handwriting obtained by law enforcement are admissible.

Physical force is impractical for obtaining a handwriting exemplar.

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SEARCH AND SEIZURESEARCH AND SEIZUREFIELD SHOWUPFIELD SHOWUP

A FIELD SHOWUPFIELD SHOWUP is a viewing of a suspect by a victim and/or witness to a crime that commonly occurs in the field shortly after a crime has been committed. Suspect does not have a right to an attorney to be present.

For the showup to be legal, the suspect must not be moved unless:

The suspect is under arrest, or

The suspect clearly and voluntarily consents to being moved, or

It is impossible or impractical to bring the victim/witness to the suspect's location

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Officers must protect against is doing anything that would be "impermissibly suggestive""impermissibly suggestive"..

In order to insure fairness in the identification procedure, officers should:

Always tell the witness or victim:

to keep an open mindthat the person who committed a crime may or may not be among those presentnot to talk to other witnesses or victims about the identification

109


NeverNever tell the witness or victim:

that you caught (or think you caught) the person who committed the crimethat the victim's property was found in the suspect's possessionthat the suspect made incriminating statementsthe person to be observed is a “suspect” (don’t use the work “suspect” at all).

110


Sometimes it is necessary to restrain, handcuff or place the suspect into a police vehicle for your safety, based on specific facts. This does not necessarily taint the identification procedures.

After the detention of the suspect, the circumstances may require that a pat-down be conducted.

Officers should not conduct a "full" searchshould not conduct a "full" search unless

the suspect is placed under arrest or

the suspect consents to the full search.

111

SEARCH AND SEIZURESEARCH AND SEIZUREPhotographic Spread/LineupPhotographic Spread/Lineup

A PHOTOGRAPHIC SPREAD/LINEUPPHOTOGRAPHIC SPREAD/LINEUP is an identification procedure in which the victim/witness to a crime is asked to look at a number of photographs in an attempt to identify a suspect. No right to have an attorney present.

Use most recent photos of suspect that is availableSimilar characteristics of the persons (sex, race, etc.)If possible, use at least six photosat least six photos in the spread (recommendation only, not a requirement)Use different photo spread for each suspect

112

SEARCH AND SEIZURESEARCH AND SEIZURECUSTODIAL/PHYSICAL LINEUPCUSTODIAL/PHYSICAL LINEUP

A CUSTODIAL/PHYSICAL LINEUPCUSTODIAL/PHYSICAL LINEUP is an identification procedure in which a victim/witness to a crime is asked to look at a number of individuals, within a custodial environment, one of which is the suspect - attorney CAN BE present only as a silent observer.

Conducted any time after a crime has been committedConducted any time after a crime has been committed

Takes place within a controlled environment of a law enforcement Takes place within a controlled environment of a law enforcement facility, use at least 6 participants, if possiblefacility, use at least 6 participants, if possible

Choose participants of the same race, sex, and with similar Choose participants of the same race, sex, and with similar characteristics, including distinctive clothing or particular characteristics, including distinctive clothing or particular characteristics.characteristics.

113

SEARCH AND SEIZURESEARCH AND SEIZURESurveillanceSurveillance

It is not a search for peace officers to conduct It is not a search for peace officers to conduct surveillance of private premises or to follow surveillance of private premises or to follow people who leave the premises, as long as the people who leave the premises, as long as the observations are made from a place where the observations are made from a place where the officer has a right to be. officer has a right to be.

Videotaping a suspect’s activities is a form of Videotaping a suspect’s activities is a form of surveillance.surveillance.

114

SEARCH AND SEIZURESEARCH AND SEIZURESensory AidsSensory Aids

If officers are in a place where they have a lawful right to be, and if they use a device that is non-intrusive to aid or enhance their observations, their observations of items or area in plain view are lawful, despite the enhancement.

115


FLASHLIGHTS OR NIGHT VISION DEVICES -FLASHLIGHTS OR NIGHT VISION DEVICES - is permissible under the plain view doctrine.

This means that if an officer is standing in a place where he has a lawful right to be, his observation of that which is in plain sight is lawful regardless of whether the illumination permitting the observation is natural light, artificial light or light from a flashlight held by the officer viewing the object.

116


BINOCULARS - BINOCULARS - may be used to enhance what can already be seen with the naked eye from a lawful observation point.

Binoculars may not be used to violate a reasonable expectation of privacy.

117


DOGS - DOGS - The California State Courts do not view the use of contraband-sniffing dogs as intrusive.

If a specially trained dog reacts positively to the item, this normally provides the officer with probable cause to search or seize the article, although a search warrant may be required in some circumstances.

NOTE: If the container is in the possession of the suspect, probable cause to believe contraband is inside justifies arrest of the suspect, and the container can then be searched incident to arrest.

118

SEARCH AND SEIZURESEARCH AND SEIZUREAbandoned PropertyAbandoned Property

If an item has clearly been abandoned by the owner, the owner has relinquished any expectation of privacy over the item.

Abandoned property is not protected under the Fourth Amendment and may be seized without a warrant because it no longer carries with it any reasonable expectation of privacy.

Example:Example: Trash that has been placed in a position for pick-up outside the curtilage of the house is considered to have been abandoned.

"Curtilage""Curtilage" refers to that portion of a person's property which is used for normal living activity.

119


Good LUCK!

120

Search and Seizure

SAMPLE QUESTIONS

121

Sample QuestionsSample QuestionsAn officer gave a woman a speeding citation. At a later date a detective used a copy of the citation to make a hand writing comparison on a fraudulent check.

Was using the signature for comparison lawful?

Yes

122

Sample QuestionsSample QuestionsIf a citizen gives officers consent to search a vehicle owned by that person, consent to search all containers, even locked ones, within the vehicle is necessarily implied.

True or False

False

123

Sample QuestionsSample QuestionsOfficers are called to a residence during a neighborhood block party on a complaint of loud noise and rowdy behavior. Although the party is in the front yard, the front door of the residence is open and one of the the officers enters. From the entry area, the officer can view into the family room and is able to see several potted marijuana plants growing under artificial light.

May the officer make a legal plain view seizure in this situation?

Yes or No

No

124

Sample QuestionsSample Questions

Officers go to a felony suspects home, they find the suspects roommate home but not the suspect. The police request permission of the roommate to search the suspects separate bedroom.

The roommate gave her consent.

Was the search legal?

No

125

Sample QuestionsSample QuestionsAfter being arrested for drunk driving, Brown, refused to take a chemical test to determine his blood alcohol level. The officer told Brown that the blood would be taken forcibly. Brown became frantic because he would faint at the sight of a needle. The officer took Brown to a hospital, handcuffed him to a chair, and had a nurse withdraw the blood, Brown fainted.

Was the blood sample legally obtained?

Yes

126

Sample QuestionsSample QuestionsAn officer stopped a driver for a traffic citation. Standing by the drivers side of the vehicle, the officer saw a sawed-off shotgun and a box of handgun ammunition on the back seat. The officer searched the interior of the vehicle but was unable to find a handgun. He then searched the trunk of the car.

Was the search of the trunk legal?

Yes

127

Sample QuestionsSample QuestionsBrookins was caught in the act of burglarizing a jewelry store. The arresting officer saw Brookins swallow a diamond ring. He took Brookins to the hospital and persuadedpersuaded a doctor to give Brookins something to induce Brookins to vomit and to recover the ring.

Is making Brookins vomit legal under these circumstances?

No

128

Sample QuestionsSample QuestionsAt a DUI checkpoint, Smith is arrested for driving under the influence. One officer believes Smith was a suspect he saw running from a burglary committed earlier in the day. The officer obtained Smiths prints at the checkpoint. Smith objected, stating he had to be formally booked into jail before his prints could be legally obtained.

Are they legally obtained?

Yes

129

Sample QuestionsSample QuestionsAt a warehouse at 2am, a burglar alarm goes off, officers drive into the alley behind the warehouse and see a man trying to hide behind a trash dumpster behind the warehouse. The officers stop the man and see a bulge in his jacket pocket. One of the officers searched the man’s outer clothing and found a small crowbar and a wire cutter.

The search was a:

consent searchpat downplain view searchsearch incident to an arrest

Pat down

130

Sample QuestionsSample QuestionsIn a forgery arrest, the officer believed Carillo, the suspect was deliberately altering his handwriting when providing a handwriting sample. Officer Smith used a pain compliance hold on Carillo until he agreed to provide a genuine sample. Carillo complied because of the intense pain he experienced.

Was the sample legally obtained?

No

131

Sample QuestionsSample QuestionsOn a 911 call of a medical emergency in a motel room, officers arrive with the firemen and paramedics. Once inside the room the officers discover a large amount of narcotics on top of a dresser. The injured occupant was treated, then arrested for possession of narcotics.

This was:

a plain view observationa probable cause searchan emergency searchan exigent search

a plain view observation

132

Sample QuestionsSample QuestionsSmith reported her purse was stolen. Officers detained a possible suspect. While transporting Smith to the field show-up, the officers told her the suspect was holding her purse when he was detained.

Is that proper?

No

133

Sample QuestionsSample QuestionsCan the number of days required (10) to serve a search warrant be extended by virtue of holidays?

Yes or No

No

134

Sample QuestionsSample QuestionsWhen on patrol on a residential street, an officer saw a stolen car parked in a driveway behind a locked gate.

Did the officer’s observation constitute a search?

Yes or No

No – it was an observation

135

Sample QuestionsSample QuestionsWhen executing a search warrant with nighttime service authorization, officer’s approached the suspects darkened residence at 1 a.m. rang the doorbell, knocked and shouted “Police, We have a warrant, Open up” and made an immediate entry in to the house.

Did officer’s comply with the knock and notice requirement?

Yes or No

No

136

Sample QuestionsSample QuestionsListen!Listen!

A search warrant is a written order signed by a magistrate directing a peace officer to take a specified individual into immediate custody.

True or False

False

137

Sample QuestionsSample QuestionsIf a suspect refuses to give a handwriting sample as requested, it may be commented on at trial as a sign of guilt.

True or False

True

138

Sample QuestionsSample QuestionsOfficers receive information that Smith, age 18, was selling drugs. Smith lived at home with his parents. Officers asked Smith’s parents if they could search a locked footlocker that was located in Smith’s bedroom. Smith’s parents gave their consent.

The footlocker was searched and drugs were found.

Was the search legal?

No

139

Sample QuestionsSample QuestionsAn officer arrested White at her home for an outstanding warrant. He knew she was on probation for embezzlement, but did not know the terms and conditions of her probation. The officer conducted a probation search before transporting her to jail, finding narcotics in her medicine cabinet. At the jail the officer contacted the probation department and learned the only condition on her probation were to make restitution to the victims, have no checking accounts and obey all laws.

Was this a valid search?

No

140

Sample QuestionsSample QuestionsThree men commit an armed robbery of a grocery store. They fled in their car. The car was stopped by officers, the stolen money was found in the front sear. The three men were arrested, but no guns were found in the passenger compartment of the car. The trunk was searched and the guns were found.

Is this a:

a probable cause search

a search incident to an arrest

an emergency search

a probable cause search

141

Sample QuestionsSample QuestionsA person was detained while walking down the street. He was arrested for being under the influence of a controlled substance. The officer asked the suspect to supply a blood sample, the suspect refused. The officer strapped the suspect into a chair and had a licensed medical technician draw blood.

Is this a proper act?

No - Not driving

142

Sample QuestionsSample QuestionsStanding by the door of a vehicle that had been stopped for a traffic violation, the officer saw a partially concealed empty shoulder holster under the drivers jacket. The officer ordered the driver out of the vehicle and conducted a pat down on the driver. The officer then searched the passenger compartment for a weapon.

Was the search of the car appropriate?

Yes

143

Sample QuestionsSample QuestionsBrookins was detained by officers after they had reasonable suspicion he sexually assaulted Smith. The officer immediately determined that Brookins had an outstanding warrant and arrested him. They then transported Brookins to Smith’s location where she identified Brookins as the man that had assaulted her.

Was this a lawful show-up?

Yes

144

Sample QuestionsSample QuestionsUpon contacting a driver for a traffic violation, officers smelled a chemical odor associated with illegal drugs coming from inside of the car. They searched the car. They didn’t find anything, so they then searched the trunk without the drivers consent and found the chemicals used in the manufacturing of drugs.

Is the search of the trunk lawful?

Yes

145

Sample QuestionsSample QuestionsOfficers have a search warrant for a home to look for evidence of narcotic sales. The officers made a lawful entry and conducted the search in the occupants presence. A half hour after the officers arrived, the occupant fell to the floor unconscious. His family told the officers that he had swallowed several balloons of narcotics when they had arrived. They took him to a hospital and told the medical staff what had happened. A nurse administered a medication to induce Smith to vomit.

Is this a lawful act?

Yes

146

Sample QuestionsSample QuestionsOfficers respond to a report of child abuse. When they arrive at an apartment house, officers heard what sounded like a child screaming inside the apartment. They knocked on the door and had no response. The officers forced entry and found cocaine on the coffee table, which they seized.

Was this a legal seizure?

Yes

147

Sample QuestionsSample QuestionsDuring a traffic stop and computer check, it showed Smith, a probationer with a search condition. Officers ordered Smith from his car, searched him, and found cocaine in his pocket.

Was this search lawful?

Yes

148

Sample QuestionsSample QuestionsGreen was arrested for providing counterfeit driver’s licenses to undocumented persons. DMV investigators asked Green for a writing sample, but Green refused. Green was right-handed. The officers applied an arm bar to her left arm until she completed a writing sample.

Was this a legal act?

No

149


Officers receive a radio call of a window smashed burglary. VCR’s and TV’s were taken from a store. A general description of the suspects and their car was broadcast. Officers stopped suspects matching that description. The officers searched the car and found stolen watches in the glove compartment.

Was this search legal?

No

150

Sample QuestionsSample QuestionsOfficers detained Adams because his car fit the description of a vehicle used in a robbery. The officer told Adams that he would have to wait for an hour while arrangements were made to bring the store clerk to the site to make a possible identification. When Adams complained about the length of time he had to wait, the officer offered to take him to the clerk at the store, Adams agreed. At the store the clerk identified Adams as the thief.

Is this a legal show-up?

Yes

151

Sample QuestionsSample QuestionsWhile making a vehicular manslaughter arrest, the suspect refused to submit to a blood sample being drawn. The officers applied a carotid hold on him, rendering him unconscious. The blood was then taken by a nurse.

Was this sample lawfully taken?

No

152

Sample QuestionsSample QuestionsAn employer requests that officers check on the welfare of an employee who has not reported to work for several days. The employee was known to be in poor health. Officers received no response at the employee’s apartment. They used a pass key provided by the manager to enter. No one was in the apartment. While looking for the employee in the apartment, the officers found cocaine on a mirror on a night stand next to a bed in the employee’s bedroom.

This would be classified as what type of search?

probable cause searchimplied consent searchexpress consent searchexigent search (emergency)

Exigent search

153

Sample QuestionsSample QuestionsOfficers went to Smith’s house with no warrant and without consent or permission. They entered the house and searched it. They found a six-year-old girl home alone.

Is this act legal?

No

154

Sample QuestionsSample QuestionsDuring a traffic stop, officers see a briefcase on the front seat between the driver and passenger with no one else in the car. Officers asked for permission to search the briefcase. The driver said the briefcase belonged to the passenger. The passenger gave permission. The officer searched the briefcase. It later turned out the briefcase belonged to the driver.

Is this search legal?

Yes

155

Sample QuestionsSample QuestionsA traffic collision occurred with several fatalities. The driver of the vehicle causing the accident seemed to have been driving under the influence. The driver was unconscious at the hospital and the officer asked the nurse to draw a blood sample, which she did.

Is this a lawful act?

Yes

156

Sample QuestionsSample QuestionsWhile patrolling the city streets, an officer saw Lee injecting herself using a syringe. The officer stopped and asked if she was diabetic or had medical problems. She failed to answer, so the officer seized the syringe.

This is classified as what?

consent search

plain view seizure

probable cause

exigent search (emergency)

Plain view seizure

157

Sample QuestionsSample QuestionsBrown was arrested at a residence on an arrest warrant. Brown asked if she could remove something from a suitcase in a closed in the bedroom. One of the officers went into the bedroom with her where she opened the suitcase and removed an address book. Brown closed the suitcase and put it back in the closet. The officer took the suitcase and searched it at the jail, finding narcotics inside.

Is this legal?

No

158

Sample QuestionsSample QuestionsThe officers arrest a person for 647(f) P.C. At the jail the guy refuses to be fingerprinted and violently resists all efforts by the booking officer to fingerprint him. The booking officer decided to put him in a cell until he was sober. An hour later the guy passed out in the cell because of his intoxication.

While he was unconscious, the officer obtained his fingerprints.

Is this legal?

Yes

159

Sample QuestionsSample QuestionsDuring a traffic stop and computer check, outstanding warrants were given for the driver. Verifying the warrant the officer arrested the driver, placing him in the back of the patrol vehicle. The officer then searched the inside of the persons car, finding several bags of drugs in the glove compartment.

What type of search is this?

consent search

search incident to an arrest

probable cause

exigent search (emergency)

Search incident to an arrest

160

Sample QuestionsSample QuestionsAn officer conducted a traffic stop. The passenger wasn’t wearing a seatbelt and was arrested for a warrant. The officer searched the passenger compartment.

Is this legal?

Yes - Incident to an arrest

161

Sample QuestionsSample QuestionsOfficers served a night-time search warrant. They knocked, announced they were the police and waited 15 seconds with no answer. They repeated this process and then entered.

Because it was a night-time search, is knock and notice waived?

No

162

Sample QuestionsSample QuestionsA known drug suspect is working is his garage. The garage gate is open and an officer enters to question him about drug activity in the area.

Did the officer violate the suspects reasonable expectation of privacy?

No

163

Sample QuestionsSample QuestionsAn officer is patting down a suspect and comes across a baggy he reasonablyreasonably believes contains drugs.

Is he allowed to take it?

No – must be immediately recognizable

164

Sample QuestionsSample QuestionsWhile booking a suspect in jail for sales of narcotics, an officer finds drugs on the suspect’s person. The officer reasonably believes he is selling narcotics.

Can the officer obtain a search warrant of the suspects residence?

Yes

165

Sample QuestionsSample QuestionsAn officer cited and released a man for

jaywalking.

Can the officer search him?

No

166

Sample QuestionsSample QuestionsWhile responding to a domestic violence call, officer see blood on a door and a female answers the door with a bruised and swollen face. She tells the officers that the man inside was responsible for the injuries. She does not want them to enter. The officers enter the house.

Was the entry by the officers legal?

Yes

167

Sample QuestionsSample QuestionsA man suspects his neighbor is dealing drugs. The neighbor leaves his residence and the man breaks into his neighbors house to seize the drugs. He then contacts police with the evidence.

Has the man violated his neighbors fourth amendment rights?

No

168

Sample QuestionsSample QuestionsThe driver is arrested from a vehicle for possession of heroin. Two female occupants are asked to step out of the car. One female leaves her purse in the back seat.

Can the officer search the purse?

Yes

169

Sample QuestionsSample QuestionsOfficers go to a searchable probationer’s house to conduct a search (no warrant) but he’s not home and the roommate tell the officers they cannot enter.

Does the probationer need to be home before the officers search?

No

170

Sample QuestionsSample QuestionsOfficers receive information that there may be a large amount of marijuana in a garage. They take a police dog, which alerts them at the garage door.

Can they put an officer in the front to prohibit entry into the garage while waiting for a warrant?

Yes - if the evidence is likely to be destroyed or removed before getting a search warrant

171

Sample QuestionsSample QuestionsA search warrant is good for 10 calendar

days?

Yes or No

Yes

172

Sample QuestionsSample QuestionsOfficers respond to a burglary call, and upon arriving at the house, they find a rear broken window and footsteps leading away from the residence.

Can the officer enter because there is an exigency due to possible injuries to a victim or possible suspects inside the residence?

Yes

173

Sample QuestionsSample QuestionsDuring a physical line-up at a station, does the suspect have a right to have his lawyer present?

Yes or No

Yes

174


An officer stops a vehicle and asks the driver if he can search his vehicle for weapons. The driver says “sure”. While searching the interior compartment, the officer finds marijuana residue in the dashboard ashtray.

Can the officer legally search that portion of the vehicle?

No – can a weapon be in an ashtray?

175

Sample QuestionsSample QuestionsAn officer stops a man suspected of driving a stolen vehicle. The man presents registration and I.D. under his name. The man’s I.D. comes back clean.

Can the officers search the drivers vehicle?

No

176

Sample QuestionsSample QuestionsA woman is contacted by police at her residence concerning a search warrant of her roommate of the property. The woman's roommate was not home. The officers located closed cardboard boxes inside the rear garage with the roommates name on them.

Can the woman give consent to the officers to search the boxes?

NoNo

177

Sample QuestionsSample QuestionsA man has a warrant and is going to be arrested. The officers conduct an inventory search of the suspects vehicle. While searching the trunk, the officer finds marijuana inside a spare tire that was forced open by the officer.

Is this search legal?

No

178

Sample QuestionsSample QuestionsAn officer believed he may have a suspect responsible for a burglary. He has the victim to go to the station and look at 3 photos of suspects. One of the photos included in the lineup is two years old.

Can this photo lineup be used?

No

179

Sample QuestionsSample QuestionsAn officer receives a broadcast of a vehicle involved in a robbery. The officer sees a vehicle matching the description and pulls it over.

Can the officer search the vehicle?

Yes

180

Sample QuestionsSample QuestionsCan a “choke hold” be considered reasonable force when preventing a suspect from swallowing narcotics?

Yes or No

No

181

Sample QuestionsSample QuestionsA man refuses to provide a handwriting exemplar.

Can the officer obtain a warrant compelling the suspect to provide a sample?

Yes or No

Yes

182

Sample QuestionsSample QuestionsA man swallowed 3 balloons of heroin.

Can the officer use emetics to induce vomiting?

Yes or No

No

183

Sample QuestionsSample QuestionsIs the taking of blood from a person considered too intrusive?

Yes or No

No

184


Smith enters a motel room to buy narcotics from Wilson who is the renter. Officers go to the front door and provide a search warrant.

Does Smith have standing?

No

185

Sample QuestionsSample QuestionsAn officer is conducting a field show-up. He has a victim and a witness to take to the show-up in the same car.

Should the officer interview both the victim and witness together?

No

186

Sample QuestionsSample QuestionsLandlords can consent to the search of a tenant’s property

When the tenant is behind in rentWhenever the tenant is absentWhen requested by an authorized police officerNone of the above

None of the above

187

Sample QuestionsSample QuestionsAbandoned property

Can be held as evidence only if it is contrabandCan be held as evidence only if directly connected to a crimeIs always open to police as evidenceIs never admissible in court

Is always open to police as evidence

188

Sample QuestionsSample QuestionsBoth search and arrest warrants must be based on

Informant’s tipsThe officer’s firsthand knowledgeProbable causeMere suspicion

Probable cause

189

Sample QuestionsSample QuestionsParticular descriptions of the place to be searched and the things to be searched for are required by the

First amendmentFifth amendmentTenth amendmentFourth amendment

Forth amendment

190

Sample QuestionsSample QuestionsThings that are illegally possessed and that cannot be lawfully owned are

ContrabandMere evidenceFruits of a crimeAll of the aboveNone of the above

Contraband

191

Sample QuestionsSample QuestionsReadily observable things an officer sees in a place the officer has a legal right to be that are not the product of a search and are not subject to exclusion from evidence defines

The abandoned-property ruleThe open-fields doctrineThe exclusionary ruleThe hot-pursuit rule

The open-fields doctrine

192

Sample QuestionsSample QuestionsIn determining probable cause for an arrest, police may use

Only admissible evidence

Inadmissible evidence

Fabricated evidence

Stale information

Inadmissible evidence

193

Sample QuestionsSample QuestionsA search warrant does not require…

Probable causeAn identified suspectAn affidavitCourt approval

An identified suspect

194

Sample QuestionsSample QuestionsAfter its issuance, a search warrant must be served within

Two daysTwo weeksTen daysFive days

Ten days

195

Sample QuestionsSample QuestionsNo warrant is required

To search a private residenceTo search the locked luggage in the trunk of a carIf valid consent is given to searchTo search a garage attached to a residence

If a valid consent is given to search

196

Sample QuestionsSample QuestionsSearch warrants

Are wholly statutoryAre always required for a legal searchCan be secured for any offenseCan be issued only by a police officer

Are wholly statutory

197

Sample QuestionsSample QuestionsEvidence that is dissipating is called

incandescent?

Yes or No

No - Evanescent

198


An officer stops a vehicle and is citing the driver. The officer observes a locked briefcase on the console and asks who the briefcase belongs to. The driver tells the officer the briefcase is his brothers and that he has the key.

Can the officer search the briefcase?

No - Yes, if he is arrested

199


While on the fourth floor of a building, officers see drugs on a table of an apartment across the street while using binoculars. A group of agents raid the apartment and seize the drugs.

Is this legal?

No

200

Sample Questions?Sample Questions?

An officer is walking through a parking lot and observes drugs on the back seat of a locked vehicle. The officer is using his flashlight to see through the tinted windows.

Can the officers seize the drugs?

No - Only if the car is open and accessible to the officer

201

Sample QuestionsSample QuestionsWhile preparing to serve a search warrant, officers look through a side window and observe multiple rifles and assault weapons on a kitchen table. They conduct a knock and notice. After a few seconds, they hear voices and noises and enter the residence.

Were the officers acting on exigent circumstances?

Did they have to apply the knock and notice rule before entering, based on these circumstances?

Yes - No

202

Sample QuestionsSample QuestionsDuring a consensual encounter, an officer sees a bulge in the man’s front pocket.

Can the officers legally search him?

No

203

Sample QuestionsSample QuestionsWhile an officer is driving a petty theft suspect to a field show-up, the suspect requests an attorney.

Does the attorney need to be present before the show-up?

No

204

Sample QuestionsSample QuestionsA suspect is asked to provide a handwriting exemplar and invokes his 5th amendment and refuses.

Is this legal on behalf of the suspect?

Yes

205

Sample QuestionsSample QuestionsA suspect swallowed six diamond rings believed to have been stolen in a jewelry store robbery. A doctor’s exam indicates they present no physical danger to the suspect. Officers should:

use an emetic to induce vomiting.seek a warrant to have the suspect’s stomach pumped.detain the suspect and wait for evidence to pass through the suspect’s system naturally.

detain the suspect and wait for evidence to pass through the suspect’s system naturally.

206

Sample QuestionsSample QuestionsWhat sources of information may be used to develop probable cause to search?

peace officer training and experiencecollective knowledge of several different officerscircumstantial evidenceall of the aboveonly a) and b)

All of the above

207

Sample QuestionsSample QuestionsIn order to obtain a legal search warrant, officers must show probable cause that the item they are searching for:

was used to commit a felony.is evidence that a felony has been committed.links a specific suspect to any crime.any of the aboveonly a) and b)

Only a) and b)

208


In developing information for a search warrant, information from a tested informant is presumed to be reliable if the informant has a good track record of providing reliable information.

True or False

False

209

Sample QuestionsSample QuestionsA renter who is in a motel gives consent to an officer to search his room for drugs. The officer found a briefcase in the closet.

Can the officer lawfully search the briefcase?

Yes

210

Sample QuestionsSample QuestionsOfficer’s arrest someone for driving under the influence. The suspect was driving a mobile home.

Can the officer legally search the living room area of the mobile home?

Yes - considered as a passenger compartment, if driving

211

Sample QuestionsSample QuestionsOfficers were transporting a suspect who had swallowed a bag of heroin to the hospital. They were talking about the heroin that had been going around, that if swallowed it could kill a person. Thinking the officers were talking the truth, the suspect asked for an emetic. He was given one.

Was this legal?

Yes

212

Sample QuestionsSample QuestionsSmith calls the police about Jones, who is known to have poor health and that he has not been to work in a week. Jones never misses work without calling first. There is not answer at Jones house. The officer opened his door and went inside where they did not find anyone.

What type of search was this?

Exigent circumstances

Fresh pursuit

Probable cause

Yes

213

Sample QuestionsSample QuestionsFive men were playing cards in front of a liquor store. Two were drunk. All persons were searched and one man had a gun.

Was this search legal?

No – no probable cause

214

Sample QuestionsSample QuestionsOfficer’s want to get a blood sample for DNA from a suspect.

Because blood samples are non-intrusive, do they need a warrant to remove it?

Yes or No

Yes

215

Sample QuestionsSample QuestionsOfficers’ in an adjoining room heard narcotics transactions by placing their unaided ear to the wall.

Is this a violation?

No

216

Sample QuestionsSample QuestionsAn officer is allowed to use reasonable force to legally obtain a blood sample from a suspect?

Yes or No

Yes

217


If a suspect swallows evidence can the officer choke the suspect for the evidence?

Yes or No

No

218

Sample QuestionsSample QuestionsA detective used a copy of a traffic citation to compare handwriting with a fraudulent check.

Was the use of the signature from the citation lawful?

Yes

219

Sample QuestionsSample QuestionsA guy is arrested as a suspect in an armed robbery. He refused to be fingerprinted fearing his rights would be violated. The arresting officer forcibly (reasonable force) obtained the fingerprints without a search warrant.

Is that lawful?

Yes

220

Sample QuestionsSample QuestionsIn order to frisk a stopped suspect, an officer must reasonably suspect that the suspect is

Under seventeenAbout to escapeArmedGuilty of a crime

Armed

221

Sample QuestionsSample QuestionsPolice may make a valid stop if they have

SuspicionReasonable suspicionA fast patrol carA valid search warrant

Reasonable suspicion

222

Sample QuestionsSample QuestionsThe immediate area surrounding a home and structures is called

CurtilageGroundsAttachmentsEasement

Curtilage

223

Sample QuestionsSample QuestionsWhen a victim or witness views the suspect in the field shortly after a crime has been committed...

Is that a:

field show up

consensual search

bad day

inconsistent

Field show up

224

Sample QuestionsSample QuestionsA peace officer saw a known parolee talking to a probationer in the area of a known crack house. The officer knew the probationer had a search condition as a term of probation. Without any additional information, the officer searched the probationer and discovered crack cocaine.

Is that lawful?

Yes - Probation search

225

Sample QuestionsSample QuestionsA driver was stopped for a traffic violation. The officer smelled a chemical odor, which he associated with PCP coming from inside of the car. The officer searched the inside of the car, but could not find the source of the odor. The officer then searched the trunk of the car without the drivers consent and found chemicals used in the manufacture of meth.

Is the trunk search lawful?

Yes

226

Sample QuestionsSample QuestionsOfficers saw Smith and Brookins on the sidewalk involved in a drug transaction. As the officer approached the men, Smith placed what appeared to be a heroin filled balloon in his mouth.

Would the use of force be lawful to prevent the loss or destruction of evidence in this situation?

Yes - Reasonable force can be used to hold his head down or immobilize the Adams apple

227

Sample QuestionsSample QuestionsOfficers discovered that the suspect who was wanted for a recent felony crime had returned to his motel room. The officers obtained the passkey from the manager and made entry into the room. The officers found that the suspect wasn’t there and asked the manager if they could search the room and the manager gave his permission. Officers found instrumentality's of the crime.

Valid or invalid?

Invalid

228

Sample QuestionsSample QuestionsAn officer lawfully detained Brookins, a known drug dealer, and conducted a pat-down search for weapons. When the officer felt a soft object, which he didn’t recognize in Brookins’ pocket, the officer removed it and found that it was a baggie of marijuana.

Valid or invalid?

Invalid - Must immediately be recognized as contraband

229

Sample QuestionsSample QuestionsAn officer arrested Smith for DUI. When smith refused to provide a breath or urine sample, the officer took smith to the jail ward doctor to obtain a blood sample. When Smith took a swing at the doctor, the officer restrained Smith to a chair so the doctor could get a sample.

Valid or Invalid?

Valid - Dissipating evidence - Reasonable Force

230

Sample QuestionsSample QuestionsOfficers observed “Snoopy”, a known gang member and suspected drug dealer, walking down the street one day carrying a backpack. Because the officers had never seen him with a backpack, they thought he might be carrying drugs, so they stopped him and searched him and the backpack. The backpack contained Cocaine.

Valid or Invalid?

Invalid - No Reasonable cause to detain

231

Sample QuestionsSample QuestionsSmith was arrested for battery. When the officer attempted to take his fingerprints, the man resisted and pulled his hand away. The officer got two additional officers who forced Smith to stand still while the officer took his fingerprints.

Lawful or Unlawful?

Lawful - No right to refuse

232

Sample QuestionsSample QuestionsCooper sees a uniformed officer walking towards him. Cooper decides to run. The officer ran after Cooper and caught him and searched him and found narcotics.

Was this a legal search and seizure?

No

233

Sample QuestionsSample QuestionsAfter being arrested, Castro swallowed a balloon filled with heroin. The officer took Castro to the hospital where the doctor decided that it was not life threatening. They decided to give him an emetic to retrieve the heroin.

Was this a legal search seizure?

No

234

Sample QuestionsSample QuestionsSmith was arrested on an arrest warrant. Smith asked if she could remove something from a suitcase in the closet of the bedroom. The officers went into the bedroom with Smith. She retrieved an address book from the briefcase. The officer took the briefcase and searched it at the jail, finding narcotics in it.

Was the search of the suitcase legal?

No

235

Sample QuestionsSample QuestionsWhile investigating narcotics sales, an officer recognized a known drug dealer, and lawfully detained the suspect. The officer was aware that the suspect was always combative with the police and sometimes carried some sort of weapon. The officer conducted a pat-down search for weapons. While conducting the search, the officer felt and immediately recognized heroin balloons in the suspects pockets.

Can the officer remove the contraband?

Yes

236

Sample QuestionsSample QuestionsOfficers served a valid search warrant at 1700 hours. The warrant was for stolen stereo equipment. When one of the officers picked up a stereo speaker, narcotics were visible on the floor. The officer seized the drugs.

Valid or Invalid?

Valid - Plain sight

237


A suspect swallowed several heroin balloons. The officer transported the suspect to the hospital and ordered the doctor to use an emetic to induct vomiting.

Based on this circumstance, was the use of emetics legal?

No

238


Going to a residence on an arrest warrant for a burglary suspect. The officers arrest the man, then they searched the house and found cocaine in the dresser drawer.

Was the cocaine legally found?

No

239


After being arrested, a description of a man came over the radio matching the person in the patrol car. On the way to jail, the officer took the man to the victims house for a field showup.

Was this a legal field showup?

Yes

240


After stopping a man for possession of drugs, the man appeared to have swallowed a bag of drugs. The officers put a choke hold on the man so he could not breath until he spit it out.

Was this legal?

No

241

Sample QuestionsSample QuestionsInvestigating a drive-by shooting, an officer sees a known gang member near the scene. The officer does a pat-down search for weapons.

Was this a legal search?

Yes

242


After arresting a suspect, the officers search the area within an arms reach of the suspect and they find pot.

Was this a legal search and seizure?

Yes

243


You detain Vargas on suspicion of a burglary call. He lets you know that he has to leave and they he cannot be late for an appointment.

Can he leave?

No

244

Sample QuestionsSample QuestionsAn officer uses binoculars from an unmarked car on the street to do surveillance on a known drug dealer’s home. They discover that the owner is dealing drugs from his house.

Do officers have enough probable cause to obtain a search warrant from a judge?

Yes

245


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247

Sample QuestionsSample QuestionsProbable cause to search an area for an object means that:

a) a reasonable person would strongly believe that the object sought is located in the place to be searched.b) an officer can search any area at any time.c) an officer has enough facts or information to provide a reasonable suspicion that the object sought is located in the place to be searched.d) an officer has enough facts or information to provide a fair probability, or a substantial chance, that the object sought is located in the place to be searched.

d)

248

Sample QuestionsSample QuestionsPeace officers attempting to serve a search warrant to search for stolen electronic equipment knocked on the front door, announced they were peace officers with a warrant to search the residence, and immediately forced entry when they heard no response.

Did the officers comply with knock and notice requirements?

No

249

Sample QuestionsSample QuestionsOfficers stopped a vehicle after the driver failed to stop at a red light. One officer approached the suspect’s vehicle to obtain license and registration information and encountered a strong smell of marijuana. The driver was ordered out of the car. The car was searched, and the butt of a marijuana joint was found in the ashtray, and a small quantity of marijuana in a plastic bag was found under the front seat.

Based on the information presented, was this a legal search?

Yes

250

Sample QuestionsSample QuestionsIn a field showup identification:

officers should transport the victim to the suspect.officers should transport the suspect to the victim.the suspect must be afforded the right to have an attorney present.only a) and c)only b) and c)

Officers should transport the victim to the suspect

251

Sample QuestionsSample QuestionsA suspect with a valid California driver’s license was arrested for driving recklessly. Officers suspected the person was driving under the influence of a controlled substance.

Is a warrant required to obtain a urine sample from the suspect?

Yes, since the test is considered to be bodily intrusiveNo, since consent is implied by possession of the licenseNo, since the test is not considered intrusive

No, since consent is implied by possession of the license

252

Sample QuestionsSample QuestionsOfficers on patrol are met in the street by a man who reports that he believes his neighbor is selling marijuana to the neighborhood children. Since this informant is not tested, officers decide to check out the situation before proceeding. Without a warrant, they knock on the neighbor’s door and identify themselves. The man looks out the front window rather than answering the door. Immediately after, officers hear a flurry of activity inside.

May officers enter at this time without consent and without a warrant based on exigent circumstances?

Yes or No

No

253

Sample QuestionsSample QuestionsOfficers bring a pair of female mugging victims to the precinct office to view a custodial lineup. They are told that the perpetrator of the crime has been arrested and that they need to pick him out from a group presented to them. They are led to a room shielded from view where they are presented with six potential suspects, all roughly fitting the description given of the mugger. The women confer and agree that the suspect is the person on the far left of the line-up.

Based on the information presented, the officer’s actions were:

Unbiased or Suggestive

Suggestive

254

Sample QuestionsSample QuestionsThe Fourth Amendment to the United States Constitution protects people against unreasonable searches and seizures by the government as well as by private citizens.

True or False

False – Government intrusion

255

Sample QuestionsSample QuestionsOfficers stopped a vehicle matching the description and license plate of one seen leaving the scene of an armed robbery of a convenience store. During a probable cause vehicle search, what areas of the car can be legally searched in this situation?

Passenger compartmentGlove compartmentTrunkAll of the aboveA and B only

All of the above

256

Sample QuestionsSample QuestionsSearching a neighborhood for a fleeing burglar, officers asked for and received consent to search a private residence for the suspect. Based on this consent, officers can legally:

search any room in the house.search any container or storage space, regardless of size.answer the phone, if they believe it may provide information on the search.all of the aboveonly a) and c)

Search any room in the house

257

Sample QuestionsSample QuestionsWhat is the minimum number of photographs that should be used in a photographic spread to prevent the identification procedure from being deemed impermissibly suggestive?

235710

5

258

Sample QuestionsSample QuestionsWhich of the following areas of a vehicle may not be searched incident to the custodial arrest of an occupant?

glove compartmenttrunkcontainers inside the passenger compartmentcontainers owned by vehicle occupants not arrested

trunk

259

Sample QuestionsSample QuestionsFor a search warrant to be issued, officers must show probable cause to search. This means that there must be:

a) an approximate certainty that the object to be searched for will be found in the specified location.b) a fair probability, based on all credible information, that the object to be searched for will be found in the specified location.c) a reasonable certainty, based on direct evidence only, that the object to be searched for will be found in the specified location.

a fair probability, based on all credible information, that the object to be searched for will be found in the specified location

260

Sample QuestionsSample QuestionsWhen seeking a warrant for a bodily intrusion search, officers should be aware that the Fifth Amendment protection against self incrimination protects not only what a person may say, but also any evidence physically contained on or in the person’s body itself.

True or False

False

261

Sample QuestionsSample QuestionsHow do Fourth Amendment protections afforded to a person placed on searchable probation compare with those of a person on parole?

They are both afforded the same Fourth Amendment protections as citizens never convicted of a crime.The protections against search and seizure for the probationer and the parolee are the same.The person on searchable probation has waived all expectations of privacy, while the parolee still has some reduced Fourth Amendment protections.The parolee has waived all expectations of privacy in return for reduced incarceration time, while the person on searchable probation still has some reduced Fourth Amendment protections.

The person on searchable probation has waived all expectations of privacy, while the parolee still has some reduced Fourth Amendment protections

262

Sample QuestionsSample QuestionsHow long do officers have to serve a search warrant?

ten days, beginning the day after the warrant is issuedten days, beginning the day after the warrant is issued but not including weekends or holidaysten days, beginning the day the warrant is issuedfive days, beginning the day after the warrant is issued and expiring on midnight of the fifth day

Ten days, beginning the day after the warrant is issued

263

Sample QuestionsSample QuestionsIf a court finds that an individual’s Fourth Amendment rights were violated by an officer, then the resulting evidence:

may be given less weight at trialmay be excluded from trial as a penalty for the officer’s actions.may only be admitted if probable cause can be shown that the evidence is directly linked to a crime.

may be excluded from trial as a penalty for the officer’s actions

264

Sample QuestionsSample QuestionsWhat may an officer look for during a protective search of a vehicle?

contrabandinstrumentalities of a crimeweapons or potential weaponsany evidence of a crimeall of the above

Weapons or potential weapons

265

Sample QuestionsSample QuestionsUnder what circumstances may officers secure an area while they are waiting for a search warrant to be issued?

a) any time initial entry to the premises is refused by the occupantsb) if a suspect has been arrested within the location to be searchedc) if the suspect has been arrested at another location and officers reasonably believe the suspect’s companions will destroy evidence at the location to be searchedd) all of the abovee) only b) and c)

Only b) and c)

266

Sample QuestionsSample QuestionsWhich of the following statement(s) is (are) true?

a) Because blood samples are considered minimally intrusive, they may be taken from an unconscious DUI suspect.b) Exigent circumstances often exist in relation to blood samples since evidence is frequently evanescent.c) Affidavits for blood sample warrants need only show probable cause and that the blood will be drawn by trained medical personnel with accepted procedures.d) All of the above are true.e) Only b) and c) are true.

All of the above are true

267

Sample QuestionsSample QuestionsDuring the middle of the day on an urban street, an officer on foot patrol noticed two individuals glancing around nervously in front of a municipal building. Concerned with the recent rise in vandalism in the area, the officer asked them what they were doing in the area and conducted patdown/frisks of each man.

Given the circumstances, was this warrantless search legal?

Yes or No

No

268

Sample QuestionsSample QuestionsA vehicle may be seized and searched without a warrant as an instrumentality of a crime if:

a) a crime was committed inside the vehicle.b) the vehicle was the means of committing the crime (e.g., hit and run).c) the vehicle was used during the commission of a crime.d) only a) and b)e) only b) and c)

Only a) and b)

269

Sample QuestionsSample QuestionsAn officer sees a suspect swallow a condom filled with a substance the officer believes is cocaine, the officer may:

a) apply minimal pressure on the suspect’s neck to prevent swallowing if department policy permits.b) apply a choke hold to prevent swallowing.c) not, generally, attempt any action to prevent the suspect from swallowing; the officer must wait for the evidence to pass naturally.

Apply minimal pressure on the suspect’s neck to prevent swallowing if department policy permits

270

Sample QuestionsSample QuestionsWhich of the given situations offers the highest expectation of privacy?

a) a living room with open curtains facing the streetb) an open field areac) a family’s garbage, which is stored in a can next to a side door to their housed) a three-foot tall wall surrounding a front yard with an opening for the walkway to the front door

a family’s garbage, which is stored in a can next to a side door to their house

271

Sample QuestionsSample QuestionsOfficers enter an antique shop during normal business hours and notice an antique vase fitting the description of a one-of-a-kind heirloom stolen from a residence the week before. Officers seize the vase as evidence.

Constitutionally speaking, what type of search has taken place?

a) warrant searchb) warrantless searchc) consent searchd) no search has taken place

No search has taken place

272

Sample QuestionsSample QuestionsThe nexus rule permits officers to:

a) search a person currently on probation, with the knowledge of the probation officer, without a warrant in order to assure that the terms of probation are complied with.b) force entry to a residence under exigent circumstances to prevent harm to a person or loss of evidence.c) seize items not listed in a warrant if discovered during a lawful search for the listed evidence, if they have probable cause to believe the item is evidence of criminal behavior.

c)

273

Sample QuestionsSample QuestionsThe express purpose of conducting a vehicle inventory is to:

a) take note of personal property to protect it and prevent false claims of loss.b) search for evidence of a crime or contraband.c) search for weapons or any dangerous item.d) all of the above

take note of personal property to protect it and prevent false claims of loss

274

Sample QuestionsSample QuestionsTo obtain fingerprint samples from a man who has been arrested, officers:

a) must have the suspect’s consent since the suspect has a legal right to refuse to provide information to the authorities.b) may use reasonable force.

May use reasonable force

275

Sample QuestionsSample QuestionsA dinner guest answers the door to a residence while homeowners are barbecuing in the backyard and grants an officer permission to enter the home and walk through to the back to see the owners.

Does the guest have apparent authority to give consent to this entry?

Yes or No

No

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