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Flashcards in LRB Deck (41)
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1
Q

How many telphone calls does a prisoner get upon entering a custody facility?

A

3

2
Q

**A search warrant for a location that will be served at a future date is called?

A

Anticipatory

or Contingent

3
Q

**Does “Stop right there” constitute a detention?

A

Yes

4
Q

The element of____ that is, the relationship between your information and obtaining the search warrant, is always crucial to the concept of probable cause.

A

TIME

5
Q

Penal Code section 1534 states that the search warrant shall be executed and returned within ___ days from issuance

A

10 days

6
Q

Dog alerts on trunk during a traffic stop. Ok to search without a warrant?

A

YES

7
Q

when can a driver leave a traffic stop?

A

When reason for the stop is done or the officer finished citation or warning.

8
Q

juvenile runaway from a placement home is a runaway or escapee?

A

Escapee.

9
Q

A strip search should only be conducted by…

A

a person of the same sex.

exeptions: Physicians or licensed medical personnel.

10
Q

What are the 3 exceptions to the general rule of bringing the witness to the suspect?

A

1) probable cause to arrest.
2) consent
3) impracticability

11
Q

If adverse judicial proceedings have been initiated, the suspect has the right to an attorney at a physical lineup. However, a suspect Does or Does Not have a right to an attorney at a showup or a photographic lineup??

A

Does Not have a right to an attorney.

Section 8.9 Lineups and Showups

12
Q

Juveniles under what age are considered incapable of criminal intent?

A

14

13
Q

An officer at the door of the apartment sees marijuana in Plainview on a table inside of the apartment. Can the officer go in and seize the marijuana?

A

The officer should not seize the marijuana and get a search warrant.

14
Q

Several hours have passed after an officer took a domestic violence report. The officer returns and sees the suspect standing in an open garage. Can the office or go in and arrest the suspect without a warrant?

A

No. The officer should go obtain a search work or get consent to enter.

15
Q

If an officer on patrol in uniform asked a subject to step over to his car and answer questions is that considered consensual?

A

Yes that is considered a consensual encounter.

16
Q

If a K9 is summoned to the traffic stop and alerts for narcotics on a vehicle do you need a warrant to get into the car?

A

No warrant is necessary.

17
Q

Can you search an adult or juvenile and their property without reasonable suspicion when they are on probation?

A

Yes

18
Q

What is a knock and talk?

A

A knock and talk is a consensual encounter that occurs at the doorway.

19
Q

True or false? It was illegal for police without consent, exigent circumstances, or a warrant to go past a receptionist and into the locked office of an attorney to arrest him for selling cocaine.

A

True that it was illegal

20
Q

A vehicle is seen at 0300 hours with two subjects inside the car, and one subject standing outside the car in a residential neighborhood where burglaries have been occurring. When the officer spotlights the car, one subject ran and two ducked down inside the car. The officer caught the person-lawful detention under the

A

Totality of circumstances….. Legal source book 2.10c

21
Q

Misdemeanor arrest not in your presence is good for all of the following except:
A) battery on school grounds
B) possession of firearm on person or in vehicle
C) battery on an on-duty EMT
D) a 62 year old victim whose blood relative assaulted the 62 year old

A

D-62 year old victim whose blood relative assaulted the 62 year old

22
Q

Search warrant at location for weapons where the subject who resides at the residence is a known gang member, and the search warrant also included gang paraphernalia; it is lawful or unlawful for officers to keep four occupants handcuffed during the two hour search of the location

A

Lawful…. Legal source 6.24c

23
Q

Officers were interrogating a minor in a grocery store. The minor’s parents arrived to the store and advised the officer’s partner that they wanted to speak with the minor and see him. The officers have:

A

No obligation to notify the juvenile he can contact his parents, even if the parents are present

24
Q

Ables was the front seat passenger of the vehicle. Inside the vehicle $763 was located in the glove compartment; cocaine was located in the rear passenger armrest. Do officers have probable cause to arrest all 3 subjects in the vehicle?

A

Yes, probable cause to arrest all 3 passengers in vehicle

25
Q

During a protective sweep you observe a gun in Plainview, officers leave the location. Do you need a warrant to reenter?

A

Yes, you need a warrant to reenter

26
Q

What do you need to force entry on a search warrant?

A

Need refusal

27
Q

One-on-one confrontation between a suspect and a witness is?

A

Automatically suggestive

28
Q

you observe a container on the front passenger floorboard nobody claims it the container is ___ and you can recover it to determine the owner

A

abandoned

29
Q

subject is given a confession in public. What do you do?

A

do not stop him to mirandize him or make an arrest

30
Q

Suspect States he is on searchable probation, is he good to search?

A

Yes

31
Q

When does a knock and talk become non consensual or a detention?

A

When the officer demandsthe

door to be opened.

32
Q

a knock and talk is a consensual encounter that takes place at the ____of a home

A

Doorway

33
Q

A true knock and talk is a situation where you knock _____ on the door at a _____ hour.

A

politely

reasonable

34
Q

Does a knock and talk require reasonable suspicion?

A

No.

If it appears that someone is awake and about inside and the officer does it without any type of badgering or compulsion

35
Q

True or False

Police entered an apartment lawfully under the exigent circumstances doctrine. While making a protective sweep inside, a gun was seen. they left and directed another officer to pick it up later. The subsequent reentry required a warrant.

A

True

CPOLS 3.10b

36
Q

In regards to Thermal Imaging, does it constitute an unreasonable and illegal search?

A

Yes, illegal search

CPOLS 3.8d

37
Q

In regards to Over Flights, federal law is clear that persons on the ground have no privacy from warrantless aerial observations made from aircraft flying in a physically nonintrusive manner in publicly navigable airspace, typically ______ feet or more above ground

A

1000 feet

CPOLS 3.8

38
Q

It is not a ______ for you to conduct surveillance of private premises or to follow people who leave the premises as long as the observations are made from a place you have the right to be.

A

Search

CPOLS 3.7

39
Q

In regards to informants, information could be used only if the affidavit showed 1. that the informant spoke from personal knowledge (known as the basis of knowledge test) and 2. that the informant was reliable known as the veracity test. These requirements are known as the __________test.

A

Two pronged test

CPOLS 6.5

40
Q

If the witness has failed to identify anyone, or seems uncertain, is it legal for you to question the witness further if you believe that he or she has actually recognized someone in the lineup?

A

Yes it is legal.

CPOLS 8.4

41
Q

Is it legal to modify a photograph, such as by adding a mustache, to help confirm an identification which a witness has already made but which was something less positive?

A

Yes it is legal. However do not make any such modification until after the witness has made at least a tentative selection.

CPOLS 8.4