Lombo Legal Source CHAPTER 4 - SEARCH AND SEIZURE – VEHICLES Flashcards Preview

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Flashcards in Lombo Legal Source CHAPTER 4 - SEARCH AND SEIZURE – VEHICLES Deck (53)
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337) A temporary "__________" or vehicle "stop" is a "limited seizure" of the driver, that
is, something less than a full arrest but more substantial than a simple "contact"or "consensual
encounter." A detention exists (1) when you assert authority over a person in a way that a
reasonable innocent person would feel compelled to submit to and (2) the person in fact submits.

detention

2

338) A detention is valid only if you have a "_______ _______" that: (1) something relating to crime has just happened (or is happening, or is about to happen); and (2) the vehicle or the person in the vehicle you are about to detain is connected with that activity.

Reasonable suspicion

3

339) A "nonjailable" cite-and-release traffic stop is a __________. "A traffic stop is
justified at its inception if based on at least reasonable suspicion that the driver has violated the
Vehicle Code or some other law.

detention

4

340) _________ Stops . If you have a "hunch" a vehicle or its occupants are involved, for
instance, in a felony (such as drug trafficking), but you do not have enough specific information to
make a valid detention for the felony, you may make a traffic stop and see what you can see as
long as: (1) you have a valid basis for the stop (an actual or suspected violation of the Vehicle
Code or other law) and (2) your actions are consistent with that basis.

pretext

5

341) A "mistake of ___________" is a misunderstanding of the terms or operation of a
controlling statute or local ordinance. A "mistake of law" is distinguishable from a "mistake of __________" by which an officer is mistaken only as to the facts presented.



Law
Fact

6

342) Length of Detention - A routine traffic stop "must be ______ and last no longer
than is necessary to effectuate the purpose of the stop." Typically, this means no longer than the
time it takes to perform the duties necessary to warn the driver or issue a citation. A detention
"justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is
prolonged beyond the time reasonably required to complete that mission."

temporary

7

343) The Supreme Court has held that in all traffic stops the driver and the
____________________ are seized and all persons in the car can therefore
challenge the constitutionality of the stop. Therefore, it is always reasonable to order
_____________ out for the sake of your safety in every traffic stop.
You may also order a ___________ to remain inside or get back into the vehicle.

The Supreme Court has held that in all traffic stops the driver and the
___passengers_________________ are seized and all persons in the car can therefore
challenge the constitutionality of the stop. Therefore, it is always reasonable to order
__passengers___________ out for the sake of your safety in every traffic stop.
You may also order a _passenger__________ to remain inside or get back into the vehicle.

8

344) Searches During Detentions- In general, you may not conduct a full search either of the vehicle or of its occupants during a traffic stop or investigative detention. This is because you only have "_______ ________" to detain and lack "_______ _______" to arrest or search. There are, however, three exceptions.

1. Limited Search of the Occupant(s) for _______
2. Limited Search of the Vehicle for License and ________
3. Limited Search of the Vehicle for ___________

reasonable suspicion
probable cause
weapons
registration
weapons

9

345) The United States Supreme Court has held that whenever you have made a lawful vehicle stop, you have the right to inspect the _______.

VIN

10

346) An "______" occurs when you take someone into custody, either by the use of physical restraints or by the arrestee's submission to your authority.

arrest

11

347) "____ ____ _____" traffic offenses are not included here because, even though the Vehicle Code (as drafted before “detentions” were permitted) uses the word “arrestee” to describe the person being cited, he is not normally taken into physical custody.

cite and release

12

348) Arizona v Grant- Vehicle searches incident to arrest of a vehicle’s occupant are lawful if: 1) an arrestee could gain access to the ________ compartment of the vehicle, or 2) it would be “reasonable to believe” that ______relevant to the arrest offense could be found in the vehicle.

passenger
evidence

13

349) The Gant decision identifies 4 alternative justifications for lawful vehicle searches: The New “Reason to _____” Test, the “automobile Exception, Vehicle “Patdowns”, and “Safety or ________ Interests”.

Believe
Evidentiary

14

350) Added to these justifications are additional bases for conducting a lawful search in California. They include: Consent, “Vehicle Impound/inventories, Parole and ______ Searches, and Searches for License/_______ Documents”

Probation
Registration

15

351) a search will be valid as incident to an arrest only if the search and arrest were carried out "_________." This means they must occur at the same location and at approximately the same time, although either may precede the other slightly.

contemporaneously

16

352) The “Automobile Exception”- You may conduct a warrantless search of any part of a vehicle that is being used on a public thoroughfare, or which is readily capable of such use, as long as you have _______ _____ to believe the object you are looking for may be located in that portion of the vehicle.

probable cause

17

353) Closed Containers- Under both federal and California law, this "probable cause" or "__________ exception" also applies to closed, personal containers inside, or attached to, a vehicle.

automobile

18

354) This is true even where the container or other object belongs to an unsuspected _________..

passenger

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355) Rather, the only limitations are (1) that you have probable cause to search that area of the vehicle, generally, and (2) that the container or object you plan to search is capable of _________ the object of the search.

concealing

20

356) Motor Homes - The "automobile exception" applies to a motor home as well, at least when it (1) is being used on the ________, or (2) is capable of such use and is found stationary in a place not regularly used for residential purposes.

highways

21

357) Contemporaneousness - Under the probable cause "________exception" it is not necessary that the warrantless search of a vehicle take place on the roadside at the time of the stop. Instead, you can tow the car away and search it at a later time, "even after it has been impounded and is in police custody." If the "police have probable cause to justify a warrantless seizure of an automobile on a public roadway, they may conduct either an immediate or a delayed search of the vehicle."

automobile

22

358) PLAIN VIEW- "Plain view" is not a "search." It is the observation of crime-related evidence from a place you have a _______ right to be.

Lawful

23

359) In order to seize evidence from a vehicle, you must _________ recognize the evidence as crime-related or have probable cause to believe that it is.

immediately

24

360) PLAIN SMELL - Just like "plain view," "plain smell" is also not a "________," and it too can provide probable cause for searching parts of cars and containers within cars.

search

25

361) CONSENT-There are at least four areas of consideration within the doctrine of "consent" that you should be very aware of: (1) your right to ask, (2) voluntariness, 3) _________, and (4) _______.

Authority
Scope

26

362) "________" involves the issue of whether the person giving you permission to search has the legal authority, or "apparent" authority, to do so.

authority

27

363) "_______" involves the problem of limitations, i.e., whether the consent was intended to encompass the area you searched.

scope

28

364) Vehicle Inventories - Vehicle inventories are supported by three rationales:
- protection of an owner's property while it is in police custody;
- protection of __________ against claims of lost, stolen, or vandalized property; and
- _________ safety.

police
officer

29

365) ABANDONMENT - A person who "_______" a vehicle loses his expectation of privacy in it. Therefore, at least in theory, you may search an abandoned vehicle. In practice, however, this theory is not used successfully very often. The courts are rather reluctant to rule that a person has abandoned his car.

abandons

30

366) EMERGENCY- The "emergency" exception exists for vehicles, just as it does for premises. Typically, the emergency or "_________" will take the form of "hot pursuit" of a dangerous or armed felon, where you are entering the vehicle to seize a gun or ascertain the suspect's identification.

Exigency