4th Amendment 2nd Part Flashcards by Fabian Sanchez

What 3 things do u need to arrest?

PC
Lawful Authority
Lawful Access

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What makes up lawful authority?

Statutory Law
Police Officer Authority
Citizen Arrest

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Where can you do a felony arrest warrant?

Public- anytime/anyplace

Home (REP)- suspect home- reasonable belief suspect is home

Someone else home- need S/W, Consent, or exigent circumstances

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What do you need for a warrantless misdemeanor arrest?

Has to be committed in the presence of the officer

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What can an officer do if they don’t witness the crime for a misdemeanor?

Need a warrant, consent, or exigent circumstances

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What do you need for an arrest warrant for a misdemeanor if in a public place?

Anytime, any place.

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What happens if suspect is in his home and you have a warrant for a misdemeanor arrest?

You need reasonable belief that the suspect is home.

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What happens if the suspect is at Rogers pad at the 1 8 6 and you have a warrant for a misdemeanor arrest?

You need a search warrant.

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What are some examples of refused admittance?

Verbals (HELLLL NAA)
Flight (Footsteps)
Gunfire….. Bang bang
Sounds of evidence being Destroyed

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What are four requirements of the knock and announce rule?

Knock
Announce
Who you are/Purpose
Demand Entry

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What are three things required before performing a search incident to an arrest?

Lawful Arrest
Contemporaneous
Clearly accessible

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Plain View allows officers to seize evidence when what three things are present?

Lawfully Present
Immediately apparent
Lawful Access

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What are two things you need to apply Mobile Conveyance Exception?

Readily Mobile

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An LEO can enter a house under exigent circumstances under what conditions?

Hot Pursuit
Destruction of evidence
Emergency scene

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What Judges can issue a telephonic warrant?

Federal Judge only

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What kind of Judges can issue Federal warrants?

Federal and State Judges (Court of Records)

Between what hours can you serve a search warrant?

0600-2200

What can you search for during a search warrant?

Whatever is listed on the warrant. Can also do plain view seizure.

Can you detain everyone in the house during a search warrant?

Yes.

Can you Terry Frisk everyone during a search warrant?

Only if you have reasonable suspicion that they are presently armed and dangerous

Can you search someone during a search warrant?

Yes IF you have it listed on the warrant or you have PC.

What is a protective sweep for?

A quick and limited search of a premises incident to an arrest conducted to protect safety of officers or others/

What is the purpose of search incident to arrest?

Weapons
Any Evidence of any crime
Means of escape

Can search incident to arrest get you into the truck?

No it never can.

For someone to give you consent to search something they must have..

Actual Authority | Apparent Authority

What is Attachment A in a search warrant?

Description of place to be searched

What is Attachment B in a search warrant

Description of things or persons to be seized

What is Attachment C in a search warrant?

Affidavit in support of search warrant

If the address is wrong on the warrant and it was a TYPO, can you still do the warrant based on the physical description?

Yes.

What must a federal arrest warrant contain?

Signature of Judge Name of Defendant The Offense Charge Command to Arrest

What is required for a felony arrest in a public place?

Any time, any place in public.

what is required for a felony arrest in the suspects home?

Reasonable belief that they are there.

What is required for a felony arrest in other REP locations? Example friends home

Search Warrant Consent Exigent Circumstance

What is 18 USC 3109?

Knock and Announce Statute

Under what conditions may an officer use force to execute a warrant (search or arrest) according to 18 USC 3109?

LEO may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, IF, after notice is authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.

How long do you have to execute a federal warrant if no specified time period was given in the warrant itself?

14 days from the date of issuance.

How long do you have to install a tracking warrant?

No longer then 10 calendar days from the date the warrant was issued.

What are the three justifications for allowing the inventory of a lawfully impounded property without first obtaining a warrant?

- LEO must protect the owner's property while it remains in gov custody - An inventory protects the LEO against claims or disputes over damaged, lost or stolen property - An inventory is necessary to protect the LEOs from potential dangers that the property may pose.

What does a LEO need to conduct a lawful inventory? Two requirements...

Lawful impoundment- Not a valid inventory if property is not lawfully in custody of the LEOs who perform the inventory. Standardized policy- Valid inventories can only be conducted if Gov agency has a standardized police.