Flashcards in Lombos - Search & Seizure - Miscellaneous Deck (36):
367) Border Patrol agents may stop travelers at the border, or near the border at its "functional equivalent," without _____ _____ or reasonable suspicion.
368) Border Patrol agents may operate roving patrols anywhere but need "_______ _______" of criminal activity before they may make a lawful detention.
369) The Functional Guidelines for Sobriety Checkpoints are: Supervisory Level Decisions, _____ Formula, Safety Precautions, Reasonable ______, Time and Duration, Indicia of Roadblock, Length and Nature of _______, and Advanced Publicity.
370) AIRPORT SEARCHES - Routine metal-detector searches of passengers and X-ray searches of their carry-on and checked luggage- Even though such searches are not supported by "_______ _____" or even "______ _________," they nevertheless typically have been found lawful ("reasonable") because of the strong interest in preserving public safety and preventing hijacking, balanced against the limited nature of the intrusion.
371) Sniffing Is Not a Search- Normally, the use of a dog is such a limited and non-intrusive olfactory investigation that it does not constitute a "_______."
372) Provides Probable Cause Only - It is important to realize that even a "reliable" dog's positive reaction to a suitcase or other object only provides probable _______ to search but not, by itself, justification for a warrantless search.
373) Probation/Parole/PRCS- PRCS applies to prisoners whose current offenses are non-violent, non-serious, and non-PC § 290 (called __ or "Non/Non/Non").
374)If an adult or juvenile is on _______ probation, you may search that person and any property under his or her control without any particularized suspicion and without first contacting the probation officer.
375) It is necessary for the probationer to be physically present when a search is conducted. True or False?
376) Under California case law, you do not need to contact the suspect’s probation officer before conducting a search, as long as the condition permits a search "by any law enforcement officer" or "any peace officer" True or False?
377) The only limitations to a valid probation search, of either adults or juveniles, are that you may not undertake a probation search for purposes of ______ or for "arbitrary and capricious" reasons and you may not conduct the search in an unreasonable manner; for adult probationers, you may not exceed the scope of the search condition.
378) A parolee need not be present during the search of his property or premises. He may, in fact, be in custody. [returned to prison on parole hold [in jail on new crime].) The search condition remains in effect until either (1) parole is formally revoked______ in a due process hearing or (2) the parolee is ______ from parole
379) To rely on a parole search condition as authority for a search of a parolee's residence, officers must have had prior _______of the defendant's parole status.
380) With regard to searching a _____ or probationer's residence, the "knock and notice" requirements apply, although they may be excused entirely or only substantially complied with, depending on the circumstances.
381) Because you have the power to enter the residence of a parolee or a probationer (who has a search condition) and conduct a search--even if the parolee or probationer is not at home--at least one court has ruled that you may also enter, on the strength of the search condition, for the purpose of making an arrest , assuming, of course, that you have probable cause to arrest: True or False?
382) Protective Sweeps - Although not permitted without articulable justification, a Buie____ protective sweep may properly precede a probation search. With "specific and articulable facts" justifying a cursory inspection of the residence, officers may sweep even a nonprobationer’s quarters.
383) Although an inmate certainly does not lose all of his civil rights upon being incarcerated, a prisoner has no reasonable expectation of privacy in his ______ ______.
384) You may search the person and inventory the effects of a prisoner who is to be _____ into jail to prevent the introduction of contraband and weapons and to account for and safeguard the personal property (money, valuables, etc.) taken from the prisoner
385) Telephone Calls - All arrestees have the right to _________ completed phone calls immediately upon being booked and, unless impossible, within ________ hours after being arrested (Note: If the arrestee is identified as a custodial parent with the responsibility for a minor child, he or she is entitled to _________ additional local calls for the purpose of arranging child care.)
386) Bail Collection Arrestees- Section 40304.5 was added to the Vehicle Code, requiring a ________- hour delay before booking certain arrestees. It applies only if :
- the person taken into custody has fewer than _________ (i.e., one or two) outstanding warrants, AND - the warrant(s) issued for failure to appear ("FTA") on either (1) a parking citation or (2) a traffic infraction.
387) You may not strip search an adult or juvenile arrested and held for an infraction or misdemeanor without a search warrant unless the offense involved ____________, Controlled substances or Violence______________.
388) “_____ _____” is defined as any search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia.
389) If you conduct a strip search or visual body cavity search, you may not __________ the person.
390) Wiretapping- Only certain designated officials (the Attorney General, the Chief Deputy Attorney General, the Chief Assistant for the Criminal Division, a district attorney may make an "application" with a supporting "affidavit", to the judge of the superior court for an "order" authorizing interception of wire, electronic pager, or electronic cellular telephone communications in certain designated narcotics offenses (namely, importation, possession for sale, transportation, manufacture, or sale of designated substances, including heroin, cocaine, PCP, methamphetamine, or their analogs [but not marijuana], where the quantity of the substance is over 10 gallons if a liquid, or over 3 pounds if a solid), as well as in cases of murder, solicitation of murder, aggravated kidnapping, terrorist activity, crimes relating to the possession or use of destructive devices, and an attempt to commit any listed offense or conspiracy to commit any of these offenses. There must also be _______ ________ to believe that particular communications concerning illegal activities will be obtained through the wiretap and that the tapped facilities are used or leased by the suspect. Furthermore, it must be demonstrated that "normal" investigative procedures have been tried and failed, are unlikely to succeed, or are too dangerous to utilize. The law also requires progress reports to the court, at least every ___ _______ days. Within _______ days of an order authorizing an interception, a report must be made to the Attorney General showing what persons, facilities, and places are to be intercepted and the action taken by the judge on each application. Authorization orders are limited to the period necessary and in no event longer than ________ days, but extensions may be obtained upon a showing of necessity.
391) A "___ ______" is a device which records the telephone numbers of outgoing calls made from rotary and touch-tone telephones.
392) A "____" is a device which identifies the telephones from which incoming calls are made.
393) "_______ _______" means any communication regarding which a participant would have a reasonable expectation of privacy.
394) There is an exception to the general statutory prohibition against electronic eavesdropping which permits most peace officers to legally listen in on and/or record many types of otherwise "confidential" conversations. Specifically, it is perfectly legal, under the statutes, to monitor, listen in on, or record an otherwise "confidential" conversation as long as:
- at least _______ party to the conversation has consented or agreed to the monitoring or recording; and
- the monitoring or recording is done by one of the types of law enforcement personnel listed in the statute.
395) You may not electronically eavesdrop or record certain types of "confidential" conversations unless all parties to the conversation agree. These include conversations between (1) a person who is in your physical custody or who is on law enforcement or other public agency property and (2) that person's ______, Religious _______ or physician.
396) Unaided Eavesdropping- You may legally eavesdrop on a conversation without the aid of a mechanical or electronic device as long as you hear it from a location where you have a lawful right to be. True or False?
397) BUSINESS RECORDS - Under California law, you need "_____ ______," i.e., a warrant or subpoena, in order to search someone's business records unless (1) exigent circumstances exist, (2) consent is obtained, or (3) the search is part of a valid inventory.
398) PRIVATE PERSONS- A private person may make an arrest for any misdemeanor or infraction committed in the person's ________ and for any felony as long as there is ______ _______ that the suspect committed it.
399) The officer’s responsibility : Once you have "received" the arrestee or otherwise taken custody of him, you have three options: (1) book the suspect into jail (this is the typical disposition for a felony); (2) ________ and release the suspect; or (3) simply ________ him, without issuing a notice to appear.
400) In all situations involving a private arrest, your duty is simply to _________ the arrestee and remove him or her from the scene.
401) The purpose of the Fourth Amendment is to prevent unreasonable searches and seizures by __________ personnel, not private persons. Therefore, evidence obtained as a result of searches and seizures by "private" persons will not normally be suppressed.