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LASD Patrol > Search and Seizure > Flashcards

Search and Seizure Flashcards

1
Q

When is the use of a K-9 sniff around a home considered a search under the 4th amendment?

A

When the dog physically intrudes on the protected areas of the property (curtilage or inside); (LSB, ch. 5/VI)

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2
Q

Is it a “search” to use a K-9 to sniff a warehouse from a public street?

A

No (LSB, ch. 5/VI)

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3
Q

Is it a “search” to use K-9 to sniff around a vehicle on a public street?

A

No

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4
Q

Is it a “search” for a K-9 to sniff a storage locker from the public area of a storage facility?

A

No

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5
Q

Can a peace officer detain or seize an object in order to have a dog sniff it?

A

Yes as long as there is RS that the object contains drugs (LSB, ch. 5/VI)

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6
Q

True or false: the Ninth Circuit has held that using a K-9 to sniff a student at a public school is sufficiently intrusive to constitute a “search” under the 4th amendment?

A

True (LSB, ch. 5/VI)

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7
Q

What level of suspicion is provided when a police dog makes a “hit”?

A

Probable Cause to search

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8
Q

Is a search warrant needed to search a closed personal container inside an operable vehicle if probable cause exists?

A

No (‘automobile exception’)

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9
Q

If an adult or juvenile is on searchable probation, what authority does a peace officer have regarding searches?

A

He may search the person and any property under his control without any particularized suspicion AND without first contacting the probation officer (LSB, ch. 5/VII)

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10
Q

Does a probationer need to be present in order to search his belongings?

A

No, as long as he has search conditions

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11
Q

Is a PO required to contact the probation officer prior to searching a probationer?

A

No

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12
Q

Is it lawful to search areas jointly controlled by a probationer and his roommate even if the roommate is not on probation?

A

Yes, even if you intend to search for incriminating evidence on the roommate

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13
Q

Is it necessary for a parolee to be present in order to search his property or belongings?

A

No

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14
Q

Is a PO allowed to enter the residence of a parolee or probationer with search conditions in order to make an arrest?

A

Yes, as long as there is PC to arrest

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15
Q

During a probation search of a residence, peace officers may briefly detain others present in the residence for what purpose?

A

• to ascertain identity
• relationship to the probationer
• relationship to the probationer’s residence

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16
Q

During a probation or parole search of a residence, what areas are subject to search if the offender has cotenants?

A

Any areas that are shared can be searched, but areas controlled exclusively by a cotenant cannot be searched

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17
Q

In determining whether a particular object is within the scope of a search condition, what standard of proof is used?

A

Reasonable Suspicion

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18
Q

Must peace officers have prior knowledge of a probationer’s search conditions in order for the search to be lawful?

A

Yes

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19
Q

In order to search a parolee’s residence, must a peace officer have prior knowledge of the offender’s parole status?

A

Yes

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20
Q

If a probation search of a residence is conducted and an illegal firearm is found in the kitchen that turns out to belong to a cotenant, is the search lawful?

A

Yes, ‘area jointly controlled’

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21
Q

In conducting a probation search of a residence, how does a peace officer determine whether a particular object is “searchable”?

A

If there is reason to believe the object is under the control of the person subject to the search condition

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22
Q

True or false: PRCS offenders are subject to the same automatic search conditions as parolees?

A

True

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23
Q

If a passenger in a vehicle is a parolee or probationer with search conditions, are the passenger compartment and any containers subject to search even if they don’t belong to the offender?

A

Yes

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24
Q

Who monitors PRCS offenders?

A

County Probation Department

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25
Q

Are PRCS offenders on probation?

A

No, they are only monitored by the probation department

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26
Q

What are the three “N’s” required for an offender to qualify for PRCS?

A

Non-violent, non-serious,
non-P. C. 290

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27
Q

How is a peace officer to determine whether someone is on parole or PRCS?

A

They must have an “objectively reasonable belief”

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28
Q

Where can a peace officer find the search terms for mandatory supervision, probation, parole and PRCS?

A

In the Supervised Release File (SRF)

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29
Q

Can peace officers search electronic devices, such as a cell phone, of parolees and PRCS offenders?

A

Yes

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30
Q

Can peace officers search the electronic devices of probationers?

A

Yes, as long as they are an authorized possessor of the device AND the search conditions are unambiguous regarding electronic devices

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31
Q

If a private person makes an arrest and a peace officer believes there are insufficient grounds for the arrest, can he simply release the suspect without even a notice to appear?

A

Yes

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32
Q

If a private person searches a container of another person and finds contraband, can a peace officer then reopen the container without a warrant?

A

Yes, but they cannot go beyond what was apparent from the private search

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33
Q

True or false: an unreasonable search must be intentional, and not merely an accident?

A

True (LSB, ch. 2/I. A.)

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34
Q

If a peace officer ILLEGALLY detains a person and during that detention the person attacks the officer, is the person immune from prosecution?

A

No, he’s not immune from any crime committed during the detention
(LSB, ch. 2/I. B.)

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35
Q

Does an OWNER of a car almost always have a reasonable expectation of privacy in the car?

A

Yes

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36
Q

Can a thief object to a seizure or search of stolen goods or a stolen car?

A

No (LSB, ch. 2/I)

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37
Q

A nonconsensual search of a person requires what?

A

Probable Cause

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38
Q

In order to detain a person for officer safety reasons, does there also need to be suspicion of criminal activity?

A

No

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39
Q

Normally a search of a person in not permitted unless…?

A

1) consent;
2) parole, probation, PRCS, mandatory supervision;
3) pat down for weapons;
4) probable cause

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40
Q

In California, is a detainee required to identify himself to a peace officer?

A

No

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41
Q

According to the courts, can a detainee be arrested simply for refusing to identify himself?

A

No

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42
Q

When can a suspect be charged with 148 P. C. for refusing to identify himself?

A

Felony suspect being booked AT THE JAIL

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43
Q

Why is it not advisable to handcuff detainees as a matter of routine procedure?

A

Because the handcuffs could create a de facto arrest not based on probable cause

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44
Q

What kinds of situations are proper for handcuffing suspects without necessarily creating a de facto arrest?

A

High risk situations

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45
Q

Does detaining a suspect at gunpoint necessarily create a de facto arrest?

A

No, not if it is reasonable for the situation

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46
Q

If a detention turns into a de facto arrest, what would make the seizure lawful?

A

As long as probable cause objectively exists prior to the arrest

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47
Q

What are the exceptions to not transporting a suspect during a field identification show up?

A

• when PC exists to arrest
• voluntary consent of suspect to transport
• victim cannot be moved
• when no other practical alternative exists (e. g., no other officers available)
(LSB, ch. 2/III. F.)

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48
Q

If a detainee is on searchable probation, parole or PRCS, can he be searched without any suspicion of criminal activity?

A

Yes

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49
Q

What relevant factors have historically been used to uphold a pat-down for weapons?

A

• nature of the crime being investigated
• bulge in the detainee’s clothing
• movement toward a place where a weapon could be concealed
• knowledge that a detainee was previously found to be armed
(LSB, ch. 2/III. J.)

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50
Q

Is aggression a legitimate reason for conducting a pat-down?

A

Yes

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51
Q

True or false: the justification for a pat-down is based on a reasonable belief that the suspect is armed and dangerous?

A

False, armed OR dangerous

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52
Q

Does “flight” alone constitute RS for a detention?

A

No

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53
Q

If someone denies a connection to an item, do they have any interest in privacy of the object?

A

No, it can be searched

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54
Q

In California, are peace officers required by statute to cite and release for minor VC infractions, except under specified conditions?

A

Yes

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55
Q

Can a peace officer arrest a suspect inside his home without a warrant?

A

Only if he has,
• exigent circumstances,
• consent,
• is on prole, searchable probation, PRCS, mandatory supervision

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56
Q

If a suspect is standing in the doorway of his residence, can he be arrested without a warrant?

A

Yes, a doorway is considered a “public place”

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57
Q

If a suspect is inside an area of a business or office that is not open to the public, can he be arrested without a warrant?

A

No, unless you have consent, EC, parole, etc.

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58
Q

If a suspect is inside ANOTHER PERSON’S home, can he be arrested without a warrant?

A

No

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59
Q

What are the types of exigent circumstances that allow a peace officer to enter someone’s home?

A

• imminent danger to life or property
• imminent escape of a suspect
• destruction of evidence

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60
Q

If contraband is seen by surprise inside a home from the doorway, can a peace officer make entry based on exigent circumstances?

A

Yes, because the contraband will most likely be destroyed by the occupants

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61
Q

Do “fresh pursuit” and “hot pursuit” apply to misdemeanors?

A

Generally no, only felonies

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62
Q

What additional factors are needed for a “hot pursuit” of a misdemeanor to be valid?

A

1) imminent harm to others,
2) threat to the officer,
3) destruction of evidence,
4) escape from the home
(LSB, ch. 2/V.)

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63
Q

True or false: consent to enter a home is valid as long as you do not misrepresent your purpose?

A

True

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64
Q

Does it invalidate an entry for an undercover cop to hide his identity as long as he obtains valid consent to enter the residence?

A

No, an undercover cop only needs valid consent to enter a home

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65
Q

A search incident to arrest requires what kind of arrest?

A

a custodial arrest

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66
Q

Can you search a suspect “incident to arrest” for an infraction or cite-and-release misdemeanor?

A

No, it must be custodial

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67
Q

Can a peace officer search a juvenile if he is only transporting him in his car for truancy?

A

Yes, “temporary custody”

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68
Q

Can police search a cell phone incident to arrest?

A

No

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69
Q

In order to search a cell phone without a warrant, what factors need to be in place?

A

• consent
• exigent circumstances
• parole, PRCS

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70
Q

Can a peace officer search a PROBATIONER’S cell phone?

A

Only if the search conditions clearly state it (and assuming he is authorized to possess the phone)

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71
Q

Can a parolee’s or probationer’s cell phone be searched if it is his sister’s phone, but she does not know he took her phone?

A

No, he must be an AUTHORIZED possessor

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72
Q

True or false: an anonymous tip that someone is carrying a firearm is sufficient under the “public safety exception” for a detention and pat-down for weapons?

A

False (LSB, ch. 2/VII.)

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73
Q

During an ILLEGAL arrest, can the arrestee give voluntary consent to search?

A

No, it will not be considered voluntary

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74
Q

If a DUI driver is unconscious, is a warrant generally required to draw his blood?

A

No

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75
Q

If a DUI driver has search conditions, is a warrant required to draw his blood?

A

No, as long as it is known prior to the search

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76
Q

If a suspect refuses to give consent to stomach pumping in a life threatening situation, is it proper to let the physician decide what to do?

A

Yes

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77
Q

Does taking fingernail scrapings of a suspect require a search warrant?

A

No (LSB, ch. 2/IX/B. 3.)

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78
Q

Is it permissible to hold down an uncooperative DUI suspect in order to obtain a blood sample?

A

Yes

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79
Q

When is it legal to remove evidence from a suspect’s mouth?

A

If PC exists to believe there is evidence in a suspect’s mouth, police may use reasonable force to remove it

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80
Q

What justification would be used to remove evidence from a suspect’s mouth?

A

• destruction of evidence
• potential safety threat to the suspect

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81
Q

How would a suspect’s safety be in danger by holding evidence in his mouth?

A

Choking hazard or ingestion of high doses of drugs

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82
Q

Is it legal to place a suspect in a choke hold in order to prevent him from swallowing evidence?

A

No, it’s too risky for his safety (breathing and blood flow)

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83
Q

Under what conditions can police exert minimal pressure on the neck in order to prevent a suspect from swallowing evidence?

A

As long as the pressure does not choke or otherwise impare the suspect’s breathing

84
Q

If an item containing DNA has been abandoned, is a warrant required to test the item for DNA for identification purposes?

A

No

85
Q

Is a warrant required to test a PAS device for DNA after the suspect uses the PAS device and leaves DNA behind on the device?

A

No

86
Q

If you are following a vehicle and the vehicle voluntarily pulls over without you activating the red light, is that vehicle detained?

A

No (LSB, ch. 4/II)

87
Q

If police shine a white light into a moving vehicle, then follow it without activating a red light or siren, and the vehicle pulls over voluntarily, is the vehicle detained?

A

No (LSB, ch. 4/II)

88
Q

Does a parking violation justify a detention of a vehicle?

A

Yes

89
Q

During a traffic stop, who is considered detained?

A

All occupants (driver and passengers)

90
Q

What are the exceptions that allow a vehicle to be searched during a DETENTION only?

A

• pat-down for weapons
• search for registration
• parole, PRCS, probation

91
Q

If a passenger is a parolee, what areas of the car can be searched?

A

Passenger compartment including any containers

92
Q

If a passenger is a probationer with search conditions, what areas of the car can be searched?

A

Passenger compartment including any containers

93
Q

Can a vehicle be searched incident to a cite-and-release arrest?

A

No

94
Q

True or false: a vehicle can be searched incident to arrest even if the suspect no longer has access to the passenger compartment of the vehicle?

A

False, if he doesn’t have access, this reason cannot be used

95
Q

When can police search a vehicle for evidence, incident to arrest?

A

When it is reasonable to believe that evidence of the crime could be found in the vehicle

96
Q

If an arrestee has access to the passenger compartment of a vehicle, can a container possessed by a non-arrested person be searched?

A

Yes (LSB, ch. 4/III. B.)

97
Q

Can luggage and clothing be searched in the passenger compartment of a vehicle when an arrestee has access to the interior of the vehicle?

A

Yes

98
Q

If an arrestee has access to the interior of a vehicle, can the closed glove compartment be searched?

A

Yes

99
Q

If a passenger of a vehicle is arrested for public intoxication, can the passenger compartment be searched incident to a custodial arrest?

A

Yes, for evidence relating to the crime (LSB, ch. 4/III. B.)

100
Q

If a vehicle is searched incident to arrest, must the search take place at the location?

A

Yes

101
Q

If a driver denies having vehicle registration, can police search the vehicle for the documents?

A

Yes, in places where it can reasonably alt be found

102
Q

Can a search of a vehicle incident to arrest occur before the actual arrest?

A

Yes, provided there is PC to arrest at the time of the search

103
Q

Does PC—the automobile exception—apply to bicycles and motorcycles?

A

Yes

104
Q

If a vehicle reasonably appears to be mobile even though it isn’t, will probable cause (the automobile exception) still be valid for a search?

A

Yes

105
Q

Does the automobile exception of probable cause apply to houseboats and motor homes?

A

Yes

106
Q

Does probable cause allow police to search a van?

A

Yes

107
Q

If a motor home is at a campground or overnight facility, does probable cause allow police to search it?

A

No, a warrant is needed

108
Q

If a house boat is in public waters and obviously mobile, does probable cause allow police to search it?

A

Yes

109
Q

Does the smell of burnt marijuana alone provide PC to search a vehicle during a traffic stop?

A

No (LSB, ch. 4/IV. G.)

110
Q

Is a driver allowed to possess marijuana on his person while driving?

A

Only if it is carried in a receptacle where the seal is not broken (unopened receptacle)

111
Q

Is a driver allowed to carry loose cannabis flower on his person while driving?

A

No, must be in a closed container

112
Q

Is a closed plastic baggie of marijuana in a vehicle considered a closed container?

A

Yes

113
Q

If a driver admits to having recently used marijuana, can the vehicle be searched?

A

Yes, driver cannot drive impaired

114
Q

What is 28.5 grams of marijuana equal to?

A

1 ounce

115
Q

How much concentrated cannabis is LEGAL to posses by persons 21 and older?

A

8 grams

116
Q

How many marijuana plants can be possessed by persons 21 and older?

A

6

117
Q

Is it lawful to possess marijuana plants in a home that are visible from a public place?

A

No, they must be out of view

118
Q

How many marijuana plants are allowed per residence?

A

6

119
Q

If evidence in a vehicle is going to be destroyed, is it legal to seize it?

A

Yes, exigent circumstances—destruction of evidence

120
Q

If police see criminal evidence in a vehicle, can they enter the vehicle to retrieve it?

A

Yes

121
Q

Is it considered a “search” to use a K-9 to sniff around a vehicle?

A

No

122
Q

Is there a reasonable expectation of privacy in a VIN?

A

No

123
Q

Can a stolen vehicle be searched?

A

Yes, it is evidence of a crime

124
Q

If all occupants of a vehicle deny ownership of a container, can the container be searched?

A

Yes

125
Q

Can a victim of a stolen vehicle give consent to search the vehicle when it is recovered?

A

Yes

126
Q

Can a car in which a kidnap victim was kidnapped be searched?

A

Yes, instrumentality of the crime

127
Q

Is a condominium garage, accessible to the public, protected under the 4th amendment?

A

No

128
Q

Does the interior hallway outside of an apartment of a high-rise apartment building (not open to the public and secured) have an expectation to privacy by law enforcement?

A

No, even if the police commit a trespass

129
Q

Is it proper for police to access a private driveway?

A

Yes, a driveway has no expectation of privacy

130
Q

Is a residential carport structure, not used by multiple dwellings, protected by the 4th amendment?

A

Yes

131
Q

Does a chain link fence around a front yard automatically exclude a police search?

A

No

132
Q

In the shared back yard of a multi-unit apartment complex, do apartment dwellers have a reasonable expectation of privacy?

A

No (LSB, ch. 3/II. C. 4.)

133
Q

Is every entrance into a back yard automatically illegal?

A

No

134
Q

Is a front porch necessarily within the curtilage of a home?

A

Yes

135
Q

True or false: in order to qualify as “open fields” of a property, the area must be open and similar to a field?

A

False, they don’t have to be open or real fields

136
Q

What are “open fields” of a property?

A

Areas beyond the curtilage of a home

137
Q

Can police trespass onto “open fields” of a property in order to observe illegal activity within the curtilage of the home?

A

Yes

138
Q

True or false: curtilage applies to the area immediately surrounding any building or structure?

A

False, only structures being used as homes or occupied dwellings

139
Q

If a private citizen searches an item and finds contraband, can the police also search the item?

A

Yes, as long as it doesn’t exceed the scope of intrusion made by the private citizen

140
Q

Can a private citizen search an item at the request of police?

A

No, they cannot work on behalf of the police; the search will be unlawful

141
Q

If contraband is seen during a protective sweep of a residence, can police re-enter the residence after completing the sweep, without a warrant, in order to seize the contraband?

A

Yes, as long as they don’t wait too long

142
Q

If police discover evidence in plain view during a protective sweep and after the sweep different officers or a coroner enter to seize the evidence, is the seizure lawful?

A

Yes, as long as they don’t wait too long

143
Q

Can police enter a residence without a warrant in order to help an injured animal, such as a dog?

A

Yes (LSB, ch. 3/IV. A. 2)

144
Q

Does a warrant allow police to detain other people on the premises during execution of the warrant?

A

Yes

145
Q

Does the reply, “do what you want” when asking for consent to search count as express consent?

A

Yes (LSB, ch. 3/VI. A. 3.)

146
Q

Can hand gestures be a valid indication of implied consent to search?

A

Yes (LSB, ch. 3/VI. A. 3.)

147
Q

Will silence in response to a request to search or enter a residence be valid?

A

No, all suspects have the right to remain silent

148
Q

If two people share a container or area of a residence and one consents to a search of the shared property, can police search it?

A

Yes

149
Q

True or false: spouses can consent to a search of the other spouse’s property in any case?

A

False, only if they have joint access or use of item or area

150
Q

If a minor refuses to give consent to search but the parent gives consent, is the search lawful?

A

Yes

151
Q

Can a parent give consent to search the property of their minor child if the parent denies any claim or ownership to the property?

A

No

152
Q

Can a roommate who has moved out but is still within the rental period and is returning to gather her belongings give consent to search shared areas?

A

Yes

153
Q

Can a host consent to a search of a room where a guest is staying?

A

Yes, as long as the guest is not paying

154
Q

Can a motel employee enter a room on behalf of police to search for contraband?

A

No, they cannot work as an agent of law enforcement

155
Q

Can police openly request permission from a real estate agent to search a resident’s property?

A

No because they lack consent from the home owner

156
Q

If a police officer does not disclose his identity and enters a home through a real estate agent on a ruse of buying the home, is the search valid?

A

Yes, the owner has given consent to examine the property by prospective buyers

157
Q

Can an impartial military base commander authorize a civilian peace officer to search barracks?

A

Yes, as long as they are under his control and upon a showing of probable cause

158
Q

If one person gives a locked briefcase to another person for temporary keeping, does the person holding the briefcase have authority to consent to a search of it?

A

No, unless he has the key or some other form of access

159
Q

If a suspect is arrested holding a bag, can the bag be searched?

A

Yes, incident to arrest

160
Q

If a suspect is arrested inside his home, what areas can be searched incident to arrest?

A

Areas within “lunging” distance

161
Q

When must a search incident to arrest be undertaken?

A

Just before, during or immediately after the arrest

162
Q

If a suspect is arrested inside his home and he asks to go into another part of the home, can police lawfully seize any contraband in plain view?

A

Yes because the suspect ASKED to be moved to the other part of the residence

163
Q

When arresting a suspect inside his home, can police broaden the “plain view” area by moving a suspect into another room?

A

No, not if the suspect doesn’t request to be moved

164
Q

True or false: evidence seized in compliance with the federal constitution is admissible in state court even if state law was violated in seizing the evidence?

A

True

165
Q

If a suspect at a restaurant leaves his jacket on a chair upon fleeing the restaurant, can police search it?

A

Yes, abandonment

166
Q

True or false: due to the danger of drunk drivers, the courts have approved traffic stops based only on contemporaneous, anonymous reports of suspected drunk driving?

A

True (LSB, ch. 17/I. B.)

167
Q

Can a police officer, without scientific qualifications, translate the HGN test into a specific BAC level?

A

No, not a specific level

168
Q

Can a police officer, without any scientific qualifications, use the HGN test to form a conclusion about whether a driver is under the influence?

A

Yes

169
Q

Can a police officer, without any scientific qualifications, testify in court about his use of the HGN test?

A

Yes, he just can’t translate it into a specific BAC level

170
Q

Is it illegal to drive a vehicle while ADDICTED to any drug if the driver is currently participating in an approved narcotic treatment program?

A

No, It’s only illegal if they are not receiving treatment

171
Q

True or false: 23152 V. C. applies to any place a vehicle can be driven?

A

True, not just public highways

172
Q

True or false: only a general degree of intoxication is required to be proven in order to show probable cause for DUI?

A

True, it is not required to prove a specific degree of intoxication

173
Q

Can a DUI occur on an electric motor board?

A

Yes

174
Q

Can a DUI occur on a skateboard?

A

No

175
Q

Can a DUI occur on a horse-drawn vehicle?

A

Yes

176
Q

Under what circumstances can police arrest for DUI not committed in their presence?

A

• traffic accident
• vehicle obstructing roadway
• will not be apprehended unless immediately arrested
• may cause injury or damage to property unless immediately arrested
• destruction of evidence

177
Q

Is a warrant required for a DUI breath test?

A

No

178
Q

Is a warrant required for a DUI blood test?

A

Yes

179
Q

Must a DUI suspect be mirandized before administering FSTs and questioning?

A

No

180
Q

True or false: possession, along with suspicious circumstances, will justify the inference that property was received with knowledge that it had been stolen?

A

True (LSB, ch. 13/II. E.)

181
Q

What are some factors showing that a person received stolen property?

A

• flight
• false statements as to how he acquired property
• use of false name and unable to establish existence of supposed seller
• sale of property under a false name and at an inadequate price
• sale of property with ID marks removed
• attempt to discard property

182
Q

What are the elements for Disturbing a Religious Meeting, 302 P. C.?

A

• Disturbing a religious assembly
• MISDEMEANOR

183
Q

What level of crime is Disturbing a Political Meeting, 18340 Elec. Code?

A

MISDEMEANOR

184
Q

Is it illegal to brandish an imitation firearm?

A

Yes, MISDEMEANOR

185
Q

True or false: as long as detentions of students on campus are not capricious, RS is not required?

A

True

186
Q

If no one is present at a residence and one co-tenant of equal authority previously gave consent to enter and search, is that legal?

A

Yes

187
Q

If three co-tenants are standing at the door and one of them gives consent to enter and search but the other two remain quiet, must deputies seek consent from the other two?

A

No, consent will be valid

188
Q

If an absent cohabitant gives consent to enter and search, but there are others present at the location, is the consent valid?

A

Yes, as long as those present do not object to the entry and search

189
Q

If an absent cohabitant has given consent to enter and search, but one who is actually present objects, can police enter?

A

No, the person present overrides the absent person

190
Q

If a husband and wife are at the door and the wife gives consent to enter but the husband expressly refuses, can police enter?

A

No

191
Q

If an adult cohabitant who is immediately present refuses consent to enter, can police enter a residence in order to prevent domestic violence?

A

Yes

192
Q

Can police enter a residence in order to keep the peace while one consenting occupant gathers their belongings and leaves to a place of safety?

A

Yes

193
Q

Is it lawful to enter a premises (against refusal) to determine whether violence or the threat of violence has just occurred or is about to occur?

A

Yes (LSB, ch. 6/C. 2.)

194
Q

Can police enter a residence (against refusal) if there is a reasonable belief that someone inside is in need of aid?

A

Yes

195
Q

If deputies have a reasonable belief that their safety is in jeopardy, can they enter a residence (against refusal) in order to protect themselves?

A

Yes (LSB, ch. 6/C. 2.)

196
Q

If police are waiting for a search warrant to be issued and, while waiting, there suddenly arises a threat that evidence will be destroyed, can police enter the residence even if someone refuses?

A

Yes, entry is lawful

197
Q

If there is a reasonable belief that a suspect will flee, can police enter a premises against an occupant’s refusal?

A

Yes

198
Q

If a building is in imminent danger of destruction, can police enter against an occupant’s refusal?

A

Yes

199
Q

If police knock and a visitor answers the door, does that visitor have authority to allow them to enter?

A

Yes, unless someone with more authority objects (LSB, ch. 6/C. 4.)

200
Q

True or false: police may assume without further inquiry that an adult person who answers the door of a residence in response to their knock also has the authority to let them enter?

A

True (LSB, ch. 6/C. 4.)

201
Q

Can a witness to a crime be lawfully detained if he has important information regarding a murder?

A

Only with his consent; otherwise probable cause is needed to arrest

202
Q

Are magistrates authorized by law to order a private person to arrest someone?

A

Yes, if the offense is committed in their presence (838 P. C.)

203
Q

Are magistrates authorized by law to verbally order a peace officer to arrest a person for a crime?

A

Yes when committed in their presence, 838 P. C.

204
Q

Can an order to show cause (OSC) also be a TRO?

A

Yes, if the judge has authorized it and the appropriate box on the form is checked

205
Q

Does a driveway have an expectation of privacy?

A

No

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