Law Enforcement Digests Flashcards
Are no-knock allowed under the WA constitution?
No, even on a compromised approach
Do offices have to physically knock before entering on a warrant?
No, if there are exigent circumstances and police presence was likely known. In this case, suspect saw officers outside ready to enter on the warrant and ran into the house. The police announced on a loud spekaer that they had a warrant. This satisified the knock and announce requirement because of the exigent circumstances.
How much time must officers give after announcing on a warrant before they can enter?
A reasonable amount of time which is dependent on the court based on the circumstances.
What does a court use to evaluate the reasonableness of a waiting period before entering on a warrant?
- Reduction of violence to both occupants and police arising from an unannounced entry.
- Prevention of unnecessary property damage.
- Protection of an occupants right to privacy.
What do officers need to announce to the occupents of a house before entering on a warrant?
- Inform occupents of their (police) presence,
- their identity
- their purpose for being there
- Demand admittance
How does the court evaluate “staleness” of a warrant?
Totality of the circumstances, including amount of time between warrant’s issuance, nature and scope of the suspected criminal activity, and property to be seized.
What does CR rule 2.3 state about how long a search warrant is valid for?
10 days
When is a statement “non-testimonial”?
When made during a police investigation under circumstances indicating that the primary purpose of the interrogation is to stop an ongoing emergency.
When is a statement “testimonial?”
When there is not an ongoing emergency and the purpose of the investigation is to determine past events.
What is the “confrontation clause” of the Constitution?
Bars admission of testimonial statements of a witness who does not appear at trial.
In State V Ellis, why were the victim’s statements to police thrown out?
Because she did not appear at trial and her statements were testomonial.
Can the police review digital evidence handed to them by a private party?
Yes. The police did not search for the evidence, it was handed to them.
What does WA Constitution, Article 1 Sectoin 7 state?
No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Under WA constitution, who has the burden to prove that his “private affairs” were disturbed?
The defendant
When is a frisk allowed?
- An officer can point to specific and articulable facts,
- that create an objectively reasonable belief that the suspect,
- is armed and presently dangerous.
Failure of any of the three above make the frisk unlawful.
When does a protective frisk not violate a defendan’ts rights?
- The initial stop is legitimate
- A reasonable safety concern exists to justify the frisk
- The scope of the frisk is limited to the protective purpose
In State V Charles, officers responded to Starbucks for a sleeper. The officer saw a the tip of a metal utensal in the suspects pocket and pulled it out, finding drug residue on it. Was this a lawful frisk?
No. The officer did not do a frisk. He conducted an illegal search by removing the item from the pocket. He should have felt the outside of the pocket first.
What is the “3-prong emergency aid test” for warrantless searches in a community-caretaking role?
- Officer subjectivly believed that an emergency existed required immediate aid, and
- a reasonable person in the same situation would also believe aid was needed, and
- there was a reasonable basis to associate the need for assistance with the place searched.
What is the court’s defintion of “private affairs?”
Privacy interests that citizen of this state have held, and should be entitled to hold, safe from government trespass without a warrant.
Do individuals have a privacy interest in text converstations with known contacts?
Yes
When can consent provide “authority of law” for a search?
- Consent was voluntary
- The person giving consent had authority to do so
- The search did not exceed the scope of the consent
In State V York, where the officer conducted a Terry stop on a vehicle parked the wrong way, engine and lights, and when officers arrive a male exited a parked car and tried to get into the running vehicle, was the Terry Stop valid?
Yes. Totality of the circumstances known to the officer at the time of the stop were reasonable for the Terry. The officers training and experience and knowledge of the area both come into play.
