T-4 4th Amendmend 07-09-14

Question 0

EPO 9

identify when an arrest involving a felony requires the use of a warrant.

Answer 0

When you have to go inside someone REP to arrest them (need warrant if at home)(Arrest Warrant can go inside house to arrest)
if you move can use the same warrant for new address.
-does not have to be in ur presence for felony, can do so if another LEO call you and say you got warrant.
MISd-must be iin your presence

Question 1

EPO 8

Identify the limitations of an arrest warrant

Answer 1

Fed warrant cop authorized to make arrest, dont have to b the person who got the warrant, good until withdrawn by issuing court.

• public, good,
• Home, consent, exigent circumstance, SW, reasonable consent to believe hes inside, hot pursit

Question 2

EPO 10

Identify when an arrest involving a misdemeanor requires the use of a warrant

Answer 2

FLE Officer -not unless it occur in your presence, (McDonalds and u smelled a burning weed, no one there can you arrest no) (Store owner play tape of someone shoplifting, cant arrest, can do Terry Stop to get name and address of suspect but, the owner can apply for arrest warrant

Question 3

EPO 11.
Identify the conditions under which and officer may force to execute a warrant (search or arrest) according to the provisions of Title 18 USC 3109

Answer 3

• Knock let them know ur there and announce tell them you are and you have a warrant the Police by FLO when serving search warrant or arrest warrants,
• Demand entry
• wait reasonable amount of time, if they dont open its a refusal, here foot steps refusal, then you can use force to enter (if they know ur there u dont have to knock and announce) (Officer on scene makes call if doing no knock)

Question 4

11 b

18 USC 3109

Answer 4

knock, announce authority, purpose SW, Demand for entry

-

Question 5

EPO 12

Identify those officials who have the authority to issue Federal Search Warrants

Answer 5

Fed Judge (Fed Magistrate–(main guy)or District Judge)
US Circuit Court of Appeals Judge
Supreme Court Justice
State Judge (get permission) go thru AUSA- court is recorded State court of record if Fed judge is unavailable
(limited by Geography)
terrorism -national wide fed judge only
telephonic- fed judge only

Question 6

EPO 13 
Identify the components of an affidavit for a search warrant 
PC to search
What
where
When

Answer 6

-crime occured
-Evidence of a crime is present
cannot be stale( last Super Bowl 5lbs of weeds and smoking while packaging Tony tells on us and took some to cops and told the them P got the rest in his house, can u get Search Warrant= NO (stale) Must have facts of the case
-Must describe the place to be searched

Question 7

EPO 13 B
(Outbuilding and vehicles on the property) include in SW

14 days to serve warrant is the longest to give, can limit for fewer days

Answer 7

Establishing a NEXUS-connect place to be searched to items to be seized, fact that suspect live in place may not be sufficient
-Stale INFO must have PC that evidence is still there when SW is conducted-info have shelf-life
-Anticipatory SW-there is PC triggering event will occur and once evidence will be in place to be searched, SW is not executed unless and until triggering event has occurred
-PARTICULARITY-place to be searched, person or place to be seized
Any cop can use description to spot place to be searched with Reasonable certainty/minor errors, Tain VS Beige=ok

Question 8

EPO 14
page 361-4
Telephonic Search Warrant Only done by Fed Judge

Answer 8

Call judge on phone, he records it and tell you what to write, you keep a evidence log and the list and recorder will be saved as the warrant,
-still tell judge your PC filed in Clerk office with your evidence inventory
ONLY A FED JUDGE CAN DO THIS WARRANT -
-IMPENDING EXIGENCY=have PC (gambling staked out moving van comes to take everything call judge for Telephonic SW)
dont need a SW =no time exigent circumstance 1/2 hour less

Question 9

EPO 14 B

Missouri vs McNeely -drunk driver refused to give blood or breath LEO may obtain a non consensual and warrantless blood sample from drunk driver under the exigent circumstance, Sup Ct didnt allow it to be exigency situation

Answer 9

I there is time to get traditional SW, LEO required to do so, it takes hours or days to get a SW
-Failure to do so will result in depression of evidence seized on defective exigency grounds

Question 10

EPO 15
Identify the legal requirement for executing a search warrant, e.g. authority to executing; time of entry; method of entry; locations on a premises which may be searched; duration of the search; and inventory.(post a list of items taken from the house, plain view seizure on separate sheet of paper
-Return list taken back to the judge provide copy of inventory

Answer 10

14 days one FED cop got to be on the scene when doing a Fed S. Warrant

• you can get SW for what you can investigate
• 6AM to 10PM to complete the search for SW unless your SW say so
• have a reasonable amount of time to search
• can answer the phone and run a ruse

Question 11

EPO 15 B
page 364-365 (suspect have no right to an attorney during search)
1 Who can execute a Fed SW only LEO and those necessary to assist ie. CSI, EOD, state, local, private citizens when needed, vi tim computer expert, commo expert, etc, not family and friends, media, groupies
(SW authorizes search of all outbuilding and containers big enough to contain smallest item on warrant)
-Evidence found by LEO by exceeding scope of SW will be suppressed

Answer 11

2 When may a FED SW be executed-during daylight hours 6am -10pm mag can allow execute outside those hours if danger is present, SW expire until all listed items are found, search may continue=its up to LEO when search is over no longer than 14 DAYS AFTHER ISSUANCE
3 WHEN USING FORCE EX A SW
4 present warrant bf beginning the search
Leave a copy of SW when leaving the resident (do not have to show them the warrant in the beginning if you don’t want to)
5 Answering phones?
LEO can answer the phone assume role and use convo s evidence against susp and caller without violating Miranda rule
6 Temp seizure of handguns? can temp seized and secure during execution of warrant
(car on the premises curtilage belongs to or is under control of premises owner or criminal visitor may be searched under premises SW) not cars on the street off the property that = Carroll Doctrine

Question 12

EPO 15C
CONTAINERS-searching containers found on premises
-size-scoped by size of SMALLEST item on warrant
-ownership-split of authority-some courts focus on the connection between premises and containers owner
-other courts focus proximity between container and its owner

Answer 12

page 371
-POAGUE CONTAINERS not capable of containing object to be searched for and seized (i.e too small) generally retain REP and require separate warrant or exception (can search other containers belonging to my wife and guest, or criminal visitors will be searched.
-casual visitors or commercial visitors will not be searched
EXCEPTIONS
-VOLUNTARY CONSENT
-Destructions of property only when necessary

Question 13

EPO 16
Identify the scope and purpose of a protective sweep
Frisking the premises for ambushers
-Two Kinds of Protective Sweeps (B)

Answer 13

-(B) Automatic Protective Sweep-(No suspicion required to sweep area imm adjoining site of arrest) AW or SW Warrant Sweeps -can search for a person in people size places, bf you conduct a Search Warrant
-Basic Sweeps-knock and announce SW can look for people if near the person who is being arrested
(B)-Extended Protective Sweep- (RS that others are present required to sweep entire premise) where you believe a person may be
-If you see evidence of a crime can use Plain View and get conviction-if a unlawful area-cannot use against a person

Question 14

EPo 16b
A quick, limited and cursory visual exam of spaces big enough to hide ambushers
-Arrest War executed inside home or premises
-Authority to do detailed search of entire premises for items sought pursuant to SW grants (subsumes) protective sweep authority

Answer 14

Scope-Quick minutes, not hours, visual exam, but items found in plain view and within scope of protective sweep are admissible
3 requirement to do protective sweep of entire premises
1 R/S area to be swept harbors another who poses danger
2 sweep confined to visual exam places a person could be located
3sweeps last no longer than necessary to dispel danger

Question 15

EPO 17
Identify circumstances in which persons on the premises may or may not be searched for evidence or frisked during the execution of a premises warrant (Michigan Vs Summers)

Answer 15

Everyone on premiss is a Terry Stop dont have automatic right to frisk them, that includes checking their waist band, can handcuff the people if reasonable, if you think armed and dangerous =Frisk

• people in or on premises may be detained, inside outside, trying to enter premises
• if person is not suspect no right to search

Question 16

EPO 17 B
Muehler V. mena -dragged out of her bed pulled in garage, BC the character of the person investigated (page 369-370)
Frisk-RS presently armed and dangerous
-Search/ consent / PC+EC Evidence removal

Answer 16

detaining people off premises, not ok to grab 1block from the house and bring them back to place searched
(Premises Warrant Does not by itself justify Frisk or Search of Persons on premises) Each person have its own REP
-although premises SW does not justify frisk or search of person including suspect on premises, such person may be frisked or searched if another basis for the frisk or search develops

Question 17

18

Answer 17

A

Question 18

EPO 18

ID circumstance in which evidence may be seized under the PLAN VIEW Seizure DOCTRINE

Answer 18

is a warrantless tool not a search tool. Cant go into places you dont already have a lawful right to go
-If you got to mess with it=not plain view (neighbor house to look at guy back yard, you see weed in a field, cant use Plain view tool, got to go get a warrant)

Question 21

EPO 19 Carroll B
LEO may move vehicle for convenience or safety
may delay search for convenience or safety
-Unless PC to search would dissipate
-even if there was time to get a SW
-SIA only give u passenger compartment, Carroll the whole vehicle

Answer 21

No exigency is required to search under Carroll Doctrine
-tip from reliable informant
-lawful stop+plain view observation
weapon+felony record
20 cartons of pseudoephherdrine on back seat
-Lawful stop +smell or Marijuana or GIN
(So Long as container is suff large to contain item for which PC to Search)

Question 22

EPO 18 B
ID CIRCUM IN WHICH EVIDENCE MAY BE SIEZED UNDER PLAIN VIEW DOCTRINE
-Right to Be= Lawful position of observation
right to See=

-Right to Reach =Lawful Access
—-PC item is Plainly + nature of item is obviously incriminating
Incrimination
-Plain view seizure doctrine allow LEO to seize evidence whether LEO expected to find it or not

Answer 22

i. e. Search Warrant for stolen golf clubs
- LEO sees stolen mail through open window
- Plain view seizure DOES NOT WORK for LEO who have no right to be in a house bc they have no warrant, consent
- PC by itself is not justifiable for a search

Question 22

EPO 19
ID fact situations where warrantless searches are allowed regarding motor vehicles MOBILE Conveyance or Carroll Doctrine
-consent
-Inventor
-Inspection
-Search Incident to arrest (NO PC NEEDED 1-4)

Answer 22

CARROLL DOCTRINE

• mobile conveyance
• Consent pg 381-87
• Inventory pg 387-90
• Reasonable belief that evidence of the crime of arrest is in pass compartment (entire compartment locked and not(some circuits), but not trunk)

-Basis of Search Determines Scope of Search

Question 22

EPO 19 Carroll Doctrine
(Carroll was a bootlegger stopped on a dirt road)
=cars, trucks, ship, plans, most motor homes, most train compartments (don’t have to show it was occupied, even if broken down at the shop)

Answer 22

EC + PC that it maintains contraband or evidence= good search
-entire vehicle including trunk and containers locked or unlicked if they are capable of containing the items sought
-Reduced REP exigency no longer required, may search even if there is no SW
CAN WAIT TO NEXT DAY TO SEARCH CAR=EXCEPTION TO CARROLL

Question 23

EPO 19
has to be mobile conveyance, anything that moves,
-readily mobile, boat, car, truck, horse
-need PC same to get a warrant
Evidence of a crime in the vehicle, (must be in a public place)
can seize and search-dont have to be contemporaneous dont have to be immediately searched can tow to impound and then search (can search areas depend on PC can normally do passenger compartment and trunk has to return to subject in a reasonable amount of time

Answer 23

Mobile Conveyance =Carroll Doctrine

(the tip say trunk, start in the trunk) look in trunk find 2 bricks, you can now search the rest of the vehicle where other bricks may be)

Question 24

EPO 19
EXAM Question 
Nat Park crime to 
-poss alcohol
-consumption of alcohol  
u see them with binocloras

Answer 24

they leave and put the bottle into a cooler, is it MC = no no people came back and put it in a vehicle, = now you have mobile conveyance
-another basis needed to search the rest of this vehicle in this case

Question 25

EPO 20 B
Exigent circumstances-Evidence discovered in plain veiw during exigent entry can be seized and is admissible
-
-examples, hot pursuit(serious crime a felony), destruction of evidence, Emergency scene-shots fired
-if you run into a house LEO can run in after them

Answer 25

Extent of entry and scope of search strictly circumscribed by the exigencies which justify its initiation pg 377-378
-when the emergency is over, the exigency ends, (secure and get a SW)
CAR ON BLOCKS= NO MOBILE CONVEYANCE

Question 26

EPO 20
PG 377
ID FACT SITUATION WHERE WARRANTLESS SEARCHEs are allowed during EXIGENT CIRCUMSTANCE, eg, hot pursuits, destruction or removal of evidence, and emergency scenes

Answer 26

exigent=emergency
EC+PC to enter =Good search
-EC must have belief PC that exigent circumstance exists
-PC Must have reasonable belief probable cause that exigent circumstance exist, ie evidence is being destroyed inside or entry justified
examples, evidence will be destroyed, moved, or concealed, suspects will escape, harm will occur, LEO will be hurt during time required to get warrant

Question 27

EPO 21
ID the requirement and scope of a SEARCH INCIDENT TO ARREST
rational-officer protection, evidence preservation and escape prevention

Answer 27

PC to arrest is required
PC to search NOT required
scope of search
-Arestee Person, clothing, carried items complete detailed search (empty pockets)
-wingspan or lunging area
-passenger compartment (time sensitive) SIA
Area within general, residence, vehicle.
contemporanous kno

Question 28

EPO 21 B
requirement for SIA
1 Probable Cause
2 Lawful custodial arrest
3 search contemporaneous with arrest near is place, near in time, sufficiently contemporaneous will turn on Totality of Circumstance
4 Search area is currently accessible, at least in some measure, by arrestee

Answer 28

includes wallets, briefcases,
-Area within arrestees immediate control (if you arrest in a bedroom, that room is in the lunging area) can then sweep person size areas in that room

Question 29

EPO 21 c
Search Incident Arrest vehicle pg 350-351
-If arrested and out of the car, can search if close to the vehicle
-CELL PHONE

Answer 29

Arrestee can still access passenger compartment or

• Reasonable belief that evidence of the crime of arrest is in the entire passenger compartment, containers locked or unlocked dont matter who owns the items (BUT NOT IN THE TRUCK) UNLESS U HAVE REP purse, consoles, etc
• May not search cell phone unless u have a SW

Question 31

US citizens covered in other country under (Mexican doctor taken from Mexico for killing a Ice agent, and taken to US Boarder)

Answer 31

4th amendment applies (Does not Apply bc he is not a US citizen)

Question 32

EPO 22
ID circumstances where a suspects consent to search is voluntary
-If living with someone else, that person can give consent if it appear they own the place pg 381
-consent have to be voluntary
-consent my be inferred from a suspects words or actions (ask to search house, he open the door and move to the side)

Answer 32

-PC not required
-consent must be voluntary
-Extent of search limited by scope of consent
must be given by someone with actual or apparent authority over the place to be searched

Question 33

4th Amend only applies to

Answer 33

Government or people who works for the government all employees, or if we ask french to work on our behalf and search, if we participated it would be 4th amend apply

Question 34

EPO 23
ID the circumstance in which a 3rd party has actual or apparent authority to grant consent to search a suspects property
–LEO knowledge of differing ownership or control of container in homes matters

Answer 34

-Actual Authority-consent must be given by owner or person in control
-Roommates common areas only, Roommate A cannot consent to search of area in which only Roommate B has access and control
-Drivers of loaned cars-(owner of car can give consent to search even if not there)
Husb and wife husb arrested taken off, wife can give consent

Question 35

EPO 24

ID the requirements allowing an INVENTORY OF LAWFUL IMPOUND personal property pg 387-90

Answer 35

Locate and protect owners property
-Implication of lawful inventory
1. got impounded property lawfully
2 conducted inventory IAW standard agency policy; and
3 Policy and inventory extended no further than necessary to meet justifications

Question 36

EPO 22 B

• involuntariness examples, consent involuntary when LEO misled 66 yr old grandmother of accused into thinking they had a SW
• today is the day im searching vehicles, get out the car
• Consenter can limit scope of search =time, place, manner, containers

Answer 36

• If LEO ask for consent to look for stolen diesel truck battery, Then Cop can only look in places likely to contain the battery.
• consent to search vehicle or room includes consent to search closed containers in the vehicle or room, unless and until consent is limited or withdrawn

Question 37

EPO 25

ID the circumstance when a inspection(admin searches) is permitted for real and personal property pg 390-95

Answer 37

a wide variety of GOV intrusions with a primary purpose other than finding criminal evidence
-Restaurant inspections
-Military readiness inspections
DONT NEED A WARRANT FOR THESE SEARCHES

Question 39

24 B

Answer 39

k

Question 41

25 B
IMPLICATIONS MST BE SPECIFIC STATUTORY OR REGULATORY AUTHORITY FOR INSPECTIONS
-Scoop of inspection does not exceed that authority
-Does not need PC or RS

Answer 41

BF entering protected area or beginning screening, person can generally chose to not enter and avoid gate inspection
-but aft beginning screening, person

Question 42

Arrest warrant and im visiting a friends house, u see me through the windown

Answer 42

You can arrest if you can talk out the house, owner must allow you to enter, or you can apply for warrant for the owner for harboring a fugitive of justice