California Legal Source Notebook

Question 0

Before doing a probation or parole search Officers should check for search conditions of his parole or probation.

Answer 0

True

Question 1

If a juvi or adult is on searchable probation, you may search any property under his control without any suspicion and without contacting the probation Officer.

Answer 1

True

Question 2

Is evidence found during a suspicion less probationers search admissible in court?

Answer 2

YES

Question 3

Can you enter a third persons residence to arrest a suspect who is visiting there who is on parole or probation without a warrant.

Answer 3

No, entry may bring up civil right violations to the 3rd persons right to privacy.

Question 4

How long do probation search conditions remain in effect.

Answer 4

Until probation is formally revoked.

Question 5

What conditions validate a consent search;

Answer 5

Voluntary
Obtained by a person of authority or apparent authority
Search becomes invalid if it exceeds the scope(limits) of the consent.

Question 6

Should you ask for consent to search even if you have a warrant

Answer 6

Yes because if later during court the warrant is declared defective evidence obtained in the search will still be valid because of the consent.

Question 7

What are the two circumstance now required to validate the search of a vehicle incidental to arrest.

Answer 7

An arrestee could gain access to the passenger compartment or
It would be reasonable to believe evidence relevant to the arrest would be found in the vehicle.

Question 8

What hours may a search warrant be served …. Unless

Answer 8

7am to 10 pm unless judge authorizes night times

Question 9

What is the time limit for a warrant to be served and returned

Answer 9

10 days

Question 10

4th Amendment

Answer 10

Reasonable Expectation to Privacy
The right of people to be secure in their house, papers effects against unreasonable search and seizures and shall not be violated but upon warrant supported by probable cause and supported by oath of affirmation

Question 11

What consitutes a search?

Answer 11

When a govt. Officials infringes upon an expectation of privacy..

Question 12

Consensual encounter voluntary and person remains free to leave.

T or F

Answer 12

True

Question 13

Definition of a Detention

Answer 13

Person would believe he is not free to leave.

Question 14

What does a person have to do for a detention exist…

Answer 14

Submit to assertion of authority

Question 15

What are the two ways a person seized under the Fourth Amendment

Answer 15

Physically restrained

Submit to peace officers authority

Question 16

In cases of warrantless arrest of adults there must be judicial determination of probable cause not more than _____ hours after suspect is arrested.

Answer 16

48 hours

Question 17

In cases of warrantless arrest of juveniles there must be judicial determination of probable cause not more than _____ hours after suspect is arrested.

Answer 17

72 Hours

Question 18

How many phone calls is someone placed under arrest allowed to make and with in how long?

Answer 18

3 calls within 3 hours no charge

Question 19

If the arrestee is a custodial parent how many additional calls do they get?

Answer 19

2 additional total 5

Question 20

6th Amendment

Answer 20

Right to Counsel

Question 21

Ramey warrant- an arrest warrant made before a criminal complaint is filed, once arrested a criminal complaint must be filed.
T or F

Answer 21

True

Question 22

3 circumstance when u can enter an area where a person has a reasonable expectation to privacy?

Answer 22

Warrant
Emergency/exigent circumstances
Valid consent

Question 23

If u see marijuana growing in a fenced backyard can you make entry?

Answer 23

No, not without a warrant

Question 24

A traffic stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop. True Or false

Answer 24

True

Question 25

5th Amendment

Answer 25

A person shall not be compelled in any criminal case to be a witness against himself.

Question 26

Sixth Amendment

Answer 26

Right to counsel

Question 27

Both __________ and _________ must exist at the same time to mirandize a suspect

Answer 27

Custody and interrogation

Question 28

Establishing "standing

Answer 28

1) whether the defendant has a property or possessory interest in the thing seized or the place searched; (2) whether he has the right to exclude others from that place; (3) whether he has exhibited a subjective expectation that it would remain free from governmental invasion; (4) whether he took normal precautions to maintain his privacy; and (5) whether he was legitimately on the premises I.E. a person who has rented a room with a stolen credit card lacks standing to contest entry by police, including compliance with knock and notice a person who is merely present in a hotel room that is rented to another lacks standing to question the validity of the police entry Standing also would be lacking for a short term (2-1/2 hour) visitor to an apartment or for a mere "visitor" to a home who is there with the host's permission, even though he may have relatively full use of the premises during his visit

Question 29

Define search

Answer 29

A "search" occurs when a government officer infringes upon an expectation of privacy that society considers reasonable. (Jacobsen (1984) 466 U.S. 109, 113.)

Question 30

True or false A "consensual encounter" is a contact between an officer and an individual that is strictly voluntary

Answer 30

True

Question 31

During a consensual encounter the person must remains totally free to leave or not cooperate True or false

Answer 31

True

Question 32

T or F Activating your emergency lights (red and blue) as you pull up by a parked car constitutes a detention (assuming the person feels he is not free to leave

Answer 32

True

Question 33

T or F if you pull up by a parked car and leave it room to drive away, there is no detention, even if you direct your highbeams and white spotlight into the passenger compartment.

Answer 33

True

Question 34

T Or F | spotlighting person on the street while "rushing at him" and asking questions regarding "legal status" is a detention.)

Answer 34

True

Question 35

T or False by giving orders, demanding answers, displaying a weapon, using a harsh tone, telling him to stop doing X or to move to some other location, etc.--the contact will be viewed as a detention and it will be illegal unless supported by "reasonable suspicion

Answer 35

True