Flashcards in Lombo Legal Source Chapter 2 Deck (90)
215) A "_________" occurs when a government officer infringes upon an expectation of
privacy that society is prepared to consider reasonable.
216)A "___________" of property occurs when there is some meaningful interference
with an individual's possessory interest in that property. A "________" of a person occurs:
(1) when a peace officer physically applies force or (2) when a person voluntarily submits to a
peace officer's authority.
217) This infringement must be ___ ; private citizens cannot violate the Fourth Amendment. "
by the government or its agents
218)The "______________ rule" was created by the Supreme Court to encourage proper police conduct.
219) “_____________”-- which is more accurately viewed as a question of “privacy”--
means that a defendant wishing to suppress evidence must show that the illegal search or
seizure invaded his own personal, reasonable, and legitimate expectation of privacy.
220) In 1984, the United States Supreme Court created a "_______" _________ " exception to the exclusionary rule which, because of Proposition 8, California courts also follow. The exception has been limited almost exclusively to situations where the mistake was made by someone other than a police officer and mostly in situations involving a warrant .
221) Under our Constitution and system of law, warrantless searches and seizures are
222)When you deal with a member of the public, the law will classify it as either a "__________ __________", a "______", or an "_______." A ________ ________is the least intrusive of these.
223) A "__________ ________" is a contact between an officer and an individual
that is strictly voluntary . The key element is that the person remains totally ______ ___ ______ or not cooperate.
-free to leave
224) A "____ _____ _____" is a consensual encounter that takes place at the doorway of a home. Unlike a detention, a "______ _____ ______" does not implicate the Fourth Amendment.
A true _______ ______ ______ ----does not require any "_______ ______." A Persistent loud knocking, a demand to open the door, or any other coercive circumstance can easily turn a "______ _____ _____" consensual encounter into a detention or even into a "search", requiring a warrant or probable cause.
-knock and talk
-knock and talk
-knock and talk
-knock and talk
225) You may ask for permission to conduct a _____ during a consensual encounter.
However, you have no authority to conduct any kind of a search during a consensual encounter
unless, of course, the person gives you voluntary consent.
226) Indeed, even ordering a person (as opposed to requesting him) to keep his hands in sight or
to remove them from his pockets will not necessarily convert a consensual encounter into a
______, although it may.
227) A temporary detention or ______________ is an exertion of authority that is something less than a full-blown arrest but more substantial than a simple "__________ " or
" consensual encounter".
228) A "_______" occurs whenever a reasonable--and innocent--person would
believe he is not free to leave or otherwise disregard the police and go about his business.
229) In addition, before a "________" exists in the law, it is also necessary that the person
actually _________ to your assertion of authority.
230) "A person is not '_________' within the meaning of the Fourth Amendment unless he or
she is somehow physically _______ or voluntarily submits to a peace officer's authority."
231) For an investigative stop or detention to be valid, you must have "_________ _______" that: (1) criminal activity may be afoot and (2) the person you are about to detain is connected with that possible criminal activity.
232) To establish "reasonable suspicion" both the quality and quantity of the information you need is considerably less than the "________ _________" you need to arrest or search. "Reasonable suspicion" is a less demanding standard than probable cause and requires
a showing considerably less than preponderance of the evidence.
233) "reasonable suspicion" is evaluated based on objective facts. Your subjective thinking , i.e., the purpose behind your search or seizure (detention or arrest), should have no bearing on a
court's determination of the legality of your action. Your "_________ intentions" are irrelevant in determining whether a detention or an arrest was justified.
234) A detention can never be based solely on a hunch, rumor, intuition, instinct, or curiosity. Rather, you must have _________ facts justifying your suspicion and you must be
able to articulate these to a court. The court will then decide if these facts--based on the "totally of the circumstance" including your training and experience--were enough to
make your suspicion objectively reasonable.
235) Certain factors, such as "nighttime" and "high crime area" or "high narcotic area", _______ ______ suffice, alone, to justify a detention. However, they are important and relevant,
and in combination with one or more other suspicious factors may justify a reasonable suspicion.
236) Indeed, ______, that is "the practice of detaining a suspect based on a broad
set of criteria which casts suspicion upon an entire class of people without individualized
suspicion of the particular person being stopped" is specifically outlawed.
237) On the other hand, ______ or ethnicity is still a proper factor to consider if it is part of a
description of a specific suspect you are looking for.
238) If you approach someone or a group and one or more of them walks or runs away, and you
give chase, your act of chasing after the person does not constitute a detention. As the United
States Supreme Court has made clear, there is no "______" until you have actually physically stopped the person, or he stops on his own and submits to your ______.
239) The United States Supreme Court has declined to create a "________" rule regarding flight. That is, the court has refused to rule either (1) that flight alone will
always justify a detention, or (2) that flight alone can never _______ a detention.
240) Instead, both the US Supreme Court and the California Supreme Court have held that flight is merely one factor in the _______ ______ ______ _______ which a court will look at in determining whether reasonable suspicion existed. However, it is an important factor, because fleeing from police officers, as opposed to simply refusing to cooperate, is inherently suspicious and therefore "can be a key factor in determining whether in a
particular case the police have sufficient cause to detain."
totality of the circumstance
241) The legality of detentions based on a " _____ _____ _____" --meaning noncriminal factors about an individual, such as coming from Miami, looking nervous, using cash, not having
luggage, etc.--has traditionally caused difficulty for the courts. Courts have ruled, generally, that
such a profile will not automatically justify a ________ because, by itself, it does not rise to the
level of "reasonable suspicion."
drug courier profile
242) There are situations in which an anonymous tip, suitably corroborated, exhibits 'sufficient
indicia of reliability to provide ________ to make the investigatory stop.’"
243) Whether you are detaining someone (1) to investigate your reasonable suspicion or (2) to
issue a cite and release, the suspect has an obligation to stop. A suspect has no right to _______ a lawful detention. If the suspect doesn't stop, he has violated Penal Code section 148 (obstructing or delaying you in the performance of your duties), and you may use whatever physical force is necessary to make him stop. Similarly, if a
lawful detention (or arrest) has begun in a public place, a suspect may not defeat it by running inside; you have the right (under the exigency or "_______" doctrine) to follow him or her into the residence.