DP353, DP322, DM452, DP703, DP 708, DP520, DP314 Flashcards
Examples of federal jurisdiction of FBI 6
Aircraft crimes fugitives enviromental violations narcotics trafficking health care fraud telemarketing violations DP353
DEA threshold amounts
100 plants or 500 lbs weed coke - 2.2 pounds or 1 kilo crack - 50 gr unless with gun or gang 5 grams 100 gr meth or heroin DP353
firearms that are exceptions
weapons anufactured prior to 1898 or replicas of antiques
DP353
When contact ATF within 24 hours?
ex-felon possession firearm
dope and firearm with threashold amounts
DP353
Do we arrest for federal immigration laws?
NO, if no other law exists, FI and foward to INS
DP353
DP322 read again “search and seizure”
read again
Exigent circomstances
officer can’t create
no speculation must be able to specific and articulable facts
must have PC that contraband or evidence of serious crme will be found inside
DP322
If officer lacks PC or exigent circomstances..
Cant use:
nonconsentual warrantless entry or
order occupants to come outside
DP322
Nevada supreme court 5 considerations for prevention of the distruction of evidence…
degree of urgency and amount of time to get warrant
RS contraband about to be removed
danger to guarding officers
info that possessors of contraband know PD is on trail
destructibility
DP322
Destructibility of contraband
“that efforts to dispose of narcotics and to escape are characteristic behavior of persons engaged in the narcotics traffic”
DP322
When gaining consent who is the burden of proof on?
Government, must not be under duress or coercion
DP322
5 Factor of Consent:
threatened with custody show of force notified has right not to consent Miranda Told SW could be obtained DP322 Totality of circumstances
UC consent
Can use deceit to get in but not to search
DP322
person must know intent of entry
Emergency Doctrine 3
believe emergency and need of immediate assistance
not motivated by arrest and seizure
PC ish that emergency is in location to be searched
DP322
Special needs Doctrine 3
Protective orders officer can make entry with consent of victim party
Shall ask supervisor to see if entry should be made
Entry should not be made if cannot be peaceably
DP322
Where does the protective sweep extend to ?
Not necessarly the entire residence
Only areas adjoining
If beyond ajoining speces must have reason
More dificult to justify when non-violent crime (poss stolen property)
DP322
Requirments to Plain view 3
Lawfully at position where you can see it
plain view
immediately incriminating
DP322
Vehicle frisk for weapons, when?
IF officer has specific and articulable facts taht dangerous wepaon exists
DP322
Scope of PC vehicle search
May look in all unlocked containers, if locked may seize and get SW
Search to same extent judge would allow in a SW
DP322
Will not seize perpety if:
Owner - no permission, stolen, no knowldege, did not commit felony Conveyance is Value is $7500 or less value of property is less $2000 currency less than $500 DM452
179.121 - conveyance to be seized if:
used or intended for use during felony
DM452
453.301 - provided used or intended;
transprot or any manner facilitate the transportation
DM452
Some property that may be seized if directly or indirectly derived from commision of any felony: 6
Real property imporvement of real property tangible or intangible personal property Conveyance inlcuding aircraft or vessel money proceeds DM452
If an officer seizes a vehicle what must he do:
Seizure Notice form
pink copy to person
vehicle and all contents except valuables (evidence vault)
evidence tag to keys
leaves keys in drivers seat, does not lock doors
forwards copy to seizure detail
DM452
