LSB:Search and Siezure PERSONS Flashcards Preview

POINT OF VIEW > LSB:Search and Siezure PERSONS > Flashcards

Flashcards in LSB:Search and Siezure PERSONS Deck (103):
1

During a consensual contact, can an officer ask for identification?

YES.Questions regarding identity and a request for identification are allowed during a consensual contact. ["a police officer is free to ask a person for identification



2

Does shining a spotlight on a person turn the contact into a detention?

NO Shining a spotlight on someone and asking him to remove his hands from his pockets does not convert a consensual encounter into a detention

3

Does asking someone to the step to the side to talk still a consensual encounter?

Merely asking if the person will step to the side and talk to you is a consensual encounter.

4

Is the following a consensual contact: Officer approached a man near a dumpster in an alley known for dope-dealing, asked if they could talk, then proceeded to obtain general information (name, DOB, prior arrest history), started filling out a field identification card, and even ran a records check, making small talk until the results came back--an arrest warrant was outstanding. A search incident to the suspect's arrest produced heroin?

HELD: It was only a consensual encounter, not a detention (which would have been illegal for lack of reasonable suspicion), up to the point of formal arrest because up to that point the person was free to terminate the encounter.

5

CONSENSUAL OR NOT?: if you pull up by a parked car and leave it room to drive away, direct your highbeams , and white spotlight into the passenger compartment?



CONSENSUAL

6

Define reasonable suspicion

For an investigative stop or detention to be valid, you must have "reasonable suspicion" that: (1) criminal activity may be afoot and (2) the person you are about to detain is connected with that possible criminal activity


7

Does Subjective intentions invalidate reasonable suspicion?

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 "subjective intentions" are irrelevant in determining whether a detention or an arrest was justified


8

If you mistakenly rely on the wrong law to detain a suspect, but another law exists that make his actions illegal, does that invalidate the contact or arrest?

even if you rely on the wrong statute in detaining a suspect, your actions are not unlawful if the suspect's actions were prohibited under a different statute


9

Case: An anonymous tip of a drug dealer led an officer to contacting the person. When the person placed his hands into his bulky clothing where there was a large lump, the officer grabbed the subject's wrist and removed the subject's hand revealing a bindle of dope......was the dope suppressed?




NO; The court upheld the officer's actions because either (1) they were necessary to ensure his safety or (2) the man's movement provided a basis, as of that moment, to detain him and check for weapons.

10

When does a detention occur?

A "detention" occurs whenever a reasonable--and innocent--person would believe he or she is not free to leave or otherwise disregard the police and go about his busine



11

Can officers detain subjects leaving from a probationer's house when the probationer has a clause that prohibits him from associated with others on probation and parole for the purpose of determining if the departing subjects are on probation or parole?

YES, officers arriving at premises to conduct a probation search properly detained a departing couple to see if they were ex-felons, in violation of the probationer's "non-association" clause

12

When there is a warrant exists for a registered owner, an officer can stop a vehicle based on what further information?

You may also legally detain a vehicle, even though the driver's identity is unknown, when you know an arrest warrant exists for the registered owner, as long as the driver "could" be the registered owner




13

Can a tree-shaped air freshener be a basis for a lawful car stop?

the appellate court held that a tree-shaped air freshener was the basis for a lawful stop because the officer testified to the precise dimensions of the air freshener and explained how its proximity to the driver's face actually obstructed his view through the windshield of distant objects, such as cars or pedestrians


14

Could a parking violation justify a detention?

YES; The Ninth Circuit has held that even a parking violation justifies a detention if the officer has authority to enforce parking infraction

15

Would it be lawful to stop a car in a private lot to remind the driver to turn on the headlights before entering the roadway?

lawful to stop a car being driven at night without lights in a private parking lot simply to remind the driver to turn on his headlights before entering public street

16

What is the difference between a ruse and a pretext stop?

A ruse is where officers lack any legal basis for a stop. If an officer's justification for a car stop is no more than a ruse--i.e., the officers fabricate the factual basis for the stop--evidence obtained as a result of the stop will be suppressed




17

Can an officer stop a vehicle to verify if a temporary operating permit is valid?

NO: a lawful stop requires reasonable suspicion that the particular permit is invalid; it is therefore critical that you include in your report all of the circumstances that make you suspect that a permit is invalid

18

Can a vehicle detention be based solely on an anonymous tip?

a vehicle detention cannot be based solely on an anonymous tip and you must have some basis for believing that the tip is worthy of belief.


19

Can "innocent" facts be enough to conduct a vehicle detention?

Corroboration of seemingly "innocent" facts may suffice, at least when they involve predicting future behavior.

20

Why is an anonymous tip of a possible drunk or reckless driver justification for a bried investigatory stop??

if the car is still being driven on a public roadway, the grave risks to public safety justify a brief investigatory stop

21

Will a mistake of law be a cause for the suppression of evidence? Is there an exception?

an officer's "mistake of law" will never result in the suppression of evidence if, objectively, reasonable suspicion exists to justify the detention despite the misunderstanding. "[A]n officer's reliance on the wrong statute does not render his actions unlawful if there is a right statute that applies to the defendant's conduct."

22

When does the "community caretaking rule" apply as a justification for a valid stop?

Applying this exception, an officer can stop a vehicle to ensure the safety of its occupants if the objective facts provide a reasonable basis for believing that a person in the vehicle is ill or injured----------------- encompasses the "emergency aid" doctrine, must be objetively reasonable

23

What is the "key" to maintaining a "reasonable" amount of time in detaining someone?

The key is simply whether or not "the police diligently pursued a means of investigation reasonably designed to confirm or dispel their suspicions quickly.

24

During a traffic stop; when is it allowable to ask the driver about matters unrelated to the stop?

questioning the driver on matters unrelated to the reason for the traffic stop is allowed as long as the questioning does not unduly prolong the detention


25

When is an officer justified in prolonging a stop/detention?

(1) you have obtained the detainee's valid consent for a continuation of the detention, for instance, while you search his vehicle; or (2) you have developed reasonable suspicion about some other or different offense, then you are permitted to extend the detention, i.e., you may take a reasonable amount of additional time to check out this possible other crime as well
Further; "An officer may broaden his or her line of questioning if he or she notices additional suspicious factors."





26

Which constitution governs the suppression of evidence?

FEDERAL CONSTITUTION

27

In which cases does an officer have authority to order the passengers out of a vehicle?

In all cases, you have the right to order the driver to get out of the vehicle. You do not need any particular reason, such as danger or suspicion of a crime

28

May an officer order the driver out of the vehicle even if he has decided not to cite the person?

You may order the driver to step out of his vehicle even though you have already (previously) decided to release him with just a warning but no citation. it is always reasonable to order passengers out for the sake of your safety in every traffic stop


29

If the driver does not have the required document on his or her person but indicates where it is located inside the vehicle, may you search the vehicle?



you may retrieve it yourself if the driver has no objection, or if doing so is reasonably necessary for your safety

30

May you look through a woman's purse for identification?

YES -lawful to look in woman's purse for her ID.

31

If a driver fails to produce identification or registration, may you conduct a search of the vehicle for such documentation?

in any vehicle detention situation where the driver, upon your request, "fails to produce" the necessary documentation, you have the right to conduct a limited search for the driver's license or identification and/or the vehicle registration. Furthermore, this search--which must be carried out before you issue the citation--is not restricted to "traditional repositories," such as a glove compartment or a sun visor, but rather may include any area within the vehicle where such documentation reasonably may be expected to be found.

32

What factors must be present for an Officer to conduct a vehicle search of a detainee's vehicle? And what is the scope of such search?

although you may not conduct a full search of a vehicle during a detention, you are entitled to conduct a limited, protective search of the passenger compartment in areas where a weapon could be placed or hidden if you believe, based on specific facts, that the suspect is dangerous and may gain immediate access to a weapon


33

Under what circumstances may an Officer conduct a "full" search of a detainee's vehicle?

be careful not to conduct a further, full search of the vehicle unless you have a valid consent or your suspicion rises to the level of "probable cause"--either to arrest or to believe that the object of your search is located in the vehicle



34

To what extent may an officer inspect a vehicle for a VIN?

you have the right to inspect the VIN. If the VIN is not visible from outside or not voluntarily disclosed by the driver, you may enter the vehicle to the extent necessary (such as removing papers from the dashboard) to read it.

35

What may an officer do to determine a driver's identity?

You are entitled, of course, to do what is necessary to determine the driver's identity.

36

When an officer observes a wallet on the front seat,is it proper to seize it and, after everyone denied owning it, to open it to determine ownership?


YES

37

Are Citations for "cite and release" traffic offenses "custodial arrests."?

NO

38

Does issuing a citation authorize an officer to search the vehicle?

issuing a citation will not justify searching the vehicle under the "incident-to-(a custodial)-arrest" exception to the warrant requirement, even where the officer has the power to make such an arrest.



39

INCIDENT TO "CUSTODIAL" ARREST: What is the rule for officers searching a vehicle ?

The rule for searching persons incident to a custodial arrest does not change just because the person is (or has just been) in a vehicle.
Briefly stated, you are allowed to conduct a search, including a search of any containers, incident to any kind of lawful custodial arrest, from murder to outstanding traffic warrants.




40

Pursuant to Arizona-vs-Grant decision; Officers may search a vehicle without a warrant, INCIDENT TO ARREST, under two circumstances....

Vehicle searches incident to arrest of a vehicle's occupant are now lawful if:
(1) an arrestee could gain access to the passenger compartment of the vehicle, or
(2) an officer would have reason to believe the evidence of the arrest offense could be found in the vehicle.






41

Searches of vehicles INCIDENT TO ARREST includes what?
-trunk
-nonarrested occupants

When the arrestee's access to the interior of the vehicle justifies the search, the scope of the search would still encompass "any containers found within the passenger compartment," including "closed or open glove compartments, consoles, or other receptacles located anywhere within the passenger compartment, as well as luggage, boxes, bags, clothing and the like."
*The search is limited to the "passenger compartment" and may not include the vehicle's trunk
*It would include containers in the passenger compartment "possessed by nonarrested occupants."






42

May officers search a vehicle as evidence of the offense if officers have a "reason to believe" evidence of the offense is in the vehicle?

YES; Officers now may search a vehicle if they would have reason to believe that evidence of the arrest offense could be found in the vehicle. "Reason to believe" in this context amounts to reasonable suspicion.
*All that is required is reasonable suspicion that evidence relating to the "crime of arrest" "might" be found in the vehicle.




43

GANT: Reason to Believe Test is?




The New "Reason to Believe" Test. Officers may still conduct a search incident to arrest when there is "reason to believe" that evidence related to the "'crime of arrest might be found in the vehicle

44

GANT: The "Automobile Exception."?

Any part of a vehicle (including the trunk and closed containers) may be searched if there is probable cause to believe that the vehicle contains evidence of criminal activity and the evidence may be located in the area searched



45

GANT: Vehicle "Pat Downs."

During a detention, it is lawful to conduct a limited search of the passenger compartment for weapons when the officer has reasonable suspicion that the detainee or another person on the scene is dangerous and may gain immediate access to a weapon


46

GANT: "Safety or Evidentiary Interests."

the Gant Court said that "there may be still other circumstances in which safety or evidentiary interests would justify a search." This provides a catchall for those circumstances not yet decided by case law.





47

Searches of vehicles: Safety and Evidentiary interests

Citing Buie (1990) 494 U.S. 325 (protective sweeps), the Gant Court said that "there may be still other circumstances in which safety or evidentiary interests would justify a search." (Gant (2009) 129 S.Ct. 1710, 1721.) This provides a catchall for those circumstances not yet decided by case law.

48

Vehicle Impound/Inventories:

Vehicles properly impounded pursuant to a departmental "standardized" policy may be inventoried. The policy need not be in writing , but officers may be asked at a suppression hearing to testify as to the policy directives.





49

Parole and Probation Searches:vehicle search guidelines

If an officer knows that a person connected to the vehicle is on parole or on searchable probation, the vehicle may be searched pursuant to the parolee's or probationer's search condition.



50

Search for License/Registration Documents: vehicle search guidelines

If a driver stopped for a traffic violation denies having a driver's license or vehicle registration, officers may, prior to issuing a citation, enter the vehicle and conduct a limited search of the areas where such documentation "reasonably may be expected to be found."





51

Define the The "Contemporaneous" Requirement

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






52

Does Belton, and now Gant, apply to "recent occupants" of a vehicle under the appropriate circumstances?

YES Belton, and now Gant, applies to "recent occupants" of a vehicle under the appropriate circumstances

53

What parts of a vehicle may be searched, a vehicle that is being used on a thoroughfare, when an officer has probable cause?



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 probable cause to believe the object you are looking for may be located in that portion of the vehicle

54

Does the "automobile exception" apply to vehicles that are immobile?

The "automobile exception" applies not only to any vehicle that is readily mobile, but also to any vehicle that REASONABLY APPEARS MOBILE, even if in fact it is not



55

Closed containers: what is the guideline for searching closed containers being searched inside of a vehicle?

if you have probable cause to believe that "X" is located somewhere inside the vehicle, then you are entitled not only to look inside any portion of the vehicle (trunk, glove compartment, hood, etc.), but also inside any closed, personal container which might reasonably contain "X."
*This is true even where the container or other object belongs to an unsuspected passenger




56

Vehicle searches: Do you need probable cause for a particular container of a passenger?





NO; you do not need to have independent probable cause relating to that particular container or object, nor any basis for believing that the passenger was involved in wrongdoing, that the driver and passenger were cooperating, or that the driver had an opportunity to conceal the item in the passenger's belongings
* 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 concealing the object of the search

57

Vehicle searches; containers:
Can sight, smell, touch, shape, and/or design provide probable cause to search a container?

YES; Some containers will provide their own probable cause by revealing their contents through sight, smell, or touch; and you may also consider the container's shape, design, and the manner in which it is being carried.
*Courts will examine all the factors very closely to determine whether you in fact had probable cause to believe the container held the object you were looking for.






58

Scenario:
During a vehicle stop, the suspect tries to hide a paper bag which the officer feared might contain a weapon. O feels the bag from the outside to see if it contained a weapon, and feels what he believes, based on his experience, to be numerous quarter bags of heroin. Is it therefore legal for him to open the bag and seize the contents?







YES

59

If an Officer, has probable cause to look in the passenger compartment for additional alcoholic beverages ONLY, is the O entitled to open a grocery bag which he first lifted off the seat and could tell by its very light weight that it did not contain any bottles or cans of beer or other beverage?










NO; *Courts will examine all the factors very closely to determine whether you in fact had probable cause to believe the container held the object you were looking for.--Due to the light weight, size and shape of the bag it is not reasonable to believe it could contain alcoholic beverages.

60

RE: GANT DECISION: WHAT IS THE
The New "Reason to Believe" Test.

Officers may still conduct a search incident to arrest when there is "reason to believe" that evidence related to the "'crime of arrest might be found in the vehicle.'"

61

The "Automobile Exception."

Any part of a vehicle (including the trunk and closed containers) may be searched if there is probable cause to believe that the vehicle contains evidence of criminal activity and the evidence may be located in the area searched.

62

Vehicle "Pat Downs."

During a detention, it is lawful to conduct a limited search of the passenger compartment for weapons when the officer has reasonable suspicion that the detainee or another person on the scene is dangerous and may gain immediate access to a weapon

63

"Safety or Evidentiary Interests."

the Gant Court said that "there may be still other circumstances in which safety or evidentiary interests would justify a search." This provides a catchall for those circumstances not yet decided by case law

64

Vehicle Impound/Inventories.

Vehicles properly impounded pursuant to a departmental "standardized" policy may be inventoried. The policy need not be in writing, but officers may be asked at a suppression hearing to testify as to the policy directives.

65

Search for License/Registration Documents.

If a driver stopped for a traffic violation denies having a driver's license or vehicle registration, officers may, prior to issuing a citation, enter the vehicle and conduct a limited search of the areas where such documentation "reasonably may be expected to be found."

66

Will The "automobile exception" allow you to enter premises requiring a warrant--garage or even a large camping "tent" covering a car--to search the vehicle parked there?

NO

67

What is the premise for the automobile exception?

ask yourself whether you would have enough information to get a warrant if you went before a magistrate. If you honestly believe you could get a warrant (and the court agrees with you), then it is legal for you to go ahead and search that part of the vehicle, and anything in it, without a warrant

68

Does the Discovery of rock cocaine in the passenger compartment provided probable cause to search the vehicle's trunk?

YES

69

DOES Erratic driving, slurred speech, pinpointed pupils, and fresh puncture mark on arm provide probable cause to search passenger compartment for narcotics?

YES

70

Where suspect was under the influence of controlled substance, and a bindle of cocaine and heroin were found on his person, was there probable cause to search the trunk?

YES

71

Arrested in his automobile, a suspect believed to have committed an armed robbery an hour earlier, DOES THIE provide probable cause to search the entire car, including the trunk, for fruits of the crimes and instrumentalities used.

YES

72

Based in part on their expertise and prior drug related observations, officers approaching a stopped vehicle had probable cause to believe that the white substance in a zip-lock baggie which was tossed to the floorboards contained contraband. WAS IT legal for them to search the passenger compartment?

YES

73

if you have probable cause to believe that "X" is located somewhere inside the vehicle, then are you entitled to look inside any portion of the vehicle (trunk, glove compartment, hood, etc.),AND also inside any closed, personal container which might reasonably contain "X.??

YES

74

When finding evidence in the driver's side of a vehicle, does it provide clearance to search containers of unsuspecting passengers?

YES; This is true even where the container or other object belongs to an unsuspected passenger.

75

DO YOU need to have independent probable cause relating to that particular container or object, or any basis for believing that the passenger was involved in wrongdoing, that the driver and passenger were cooperating, or that the driver had an opportunity to conceal the item in the passenger's belongings in order to search an unsuspecting passenger's containers?

NO

76

Does a HOUSEBOAT apply to the automobile exception?

YES:
a houseboat also qualifies for warrantless searches under the probable cause, vehicle exception

77

Under the probable cause "automobile exception," IS IT necessary that the warrantless search of a vehicle take place on the roadside at the time of the stop? CAN you tow the car away and search it at a later time, "even after it has been impounded and is in police custody." ??

NO and YES

78

According to the Automobile Exception; if a conainer is found in the vehicle at the time the vehicle is confiscated, can the container be searched at a later time without a warrant?

YES; The same is true as to containers that are discovered in the vehicle at the time of the search. They may be confiscated and searched at a COMPLETELY DIFFERENT TIME AND LOCATION.

79

Can an officer sieze an item if he is unsure if the item is evidence?

NO:
In order to seize evidence from a vehicle, you must immediately RECOGNIZE THE EVIDENCE as crime-related or have PROBABLE CAUSE to believe that it is

80

What are the four areas of consideration within the doctrine of "CONSENT" that you should be very aware of?

(1) your right to ask, (2) voluntariness, (3) authority, and (4) scope.

81

While a detainee is under no obligation to answer unrelated questions,does the Constitution does prohibit law enforcement officers from asking.?

NO

82

Does a request for consent require reasonable suspicion?

NO

83

if you wait until after you have issued the citation or warning what requirement must be met to ensure "voluntariness" of consent?p

get the driver to sign a written consent form and/or verbally advising the driver that he is free to leave or not give consent.

84

IS it possible to get VOLUNTARY consent from a vehicle occupant or other person, to search a residence, EVEN WHERE they are detained, arrested, handcuffed, and/or not Mirandized?

YES; it is possible to get a voluntary consent from a vehicle occupant or other person to search the person's residence, even where the person has been detained, arrested and handcuffed, and/or not Mirandized.

85

When should officers seek CONSENT? And WHY?

ALWAYS seek consent to search no matter what other authority you may have for your search. It can never hurt and it may validate an otherwise bad search.

86

WHen should officers ask about which containers belong to whom? WHY?

ALWAYS ask what containers in the vehicle belong to the occupants.:
*If the occupants deny ownership of any of the containers the containers are either abandoned or may be inventoried to determine ownership.

*If an occupant claims ownership, he has at least "tied himself" to the container's contents (then ask consent to search it).

87

Why can an officer search a stolen vehicle without a warrant or consent?

once you determine that the car is stolen, you can search it BECAUSE IT IS EVIDENCE or an "INSTRUMENTALITY" of the crime

88

Is there a different authorization for search between vehicles that are stolen and vehicles that are not stolen with evidence inside of them?

where the car itself constitutes evidence and/or needs scientific examination, as opposed to merely acting as a "container" of incriminating articles, you may seize it without a warrant and wait until later for an examination performed in accordance with sound scientific procedures

89

The Williams court explained that the statutory authority to impound set forth in Vehicle Code section 22651 "may constitute a standardized policy guiding officers' discretion" whether to impound following arrest, but that was only half the inquiry. In addition to standardized policy there must also be a "community caretaking" purpose for impoundment of the car in those circumstances. WHAT ARE THE CIRCUMSTANCES JUSTIFYING COMMUNITY CARETAKING

THe court considerations for "community caretaking" are: Would the car be stolen, broken into, or vandalized where it was parked? Was it blocking a driveway or crosswalk? Did it pose a hazard or impediment to other traffic? Would leaving it there result in its immediate and continued unlawful operation by an unlicensed driver

90

What 3 rationales support administrative vehicle INVENTORIES?

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

91

Does the emergency exception exist for vehicles?

YES

92

Probationary search conditions remain in effect until when?

Probation search conditions remain in effect until probation is formally revoked EVEN IF the probationer is in custody awaiting revocation proceedings

93

MAY you may search a probationer and any property under his or her control without any particularized suspicion and without first contacting the probation officer?




YES; IF SEARCH CONDITIONS PERMIT< you may search probationers and any property under his or her control without any particularized suspicion and without first contacting the probation officer

94

Is prior knowledge of probation status required before conducting a search?


YES;; prior knowledge of the condition was required

95

If a person tells you that s/he is on searchable probation, MAY YOU rely on that statement, even if it turns out to be incorrect?

YES; If a person tells you that s/he is on searchable probation, you may rely on that statement, even if it turns out to be incorrect

96

Is it necessary for a probationer to be present before an officer conducts a search pursuant to his probation conditions?


NO; it is NEVER necessary for the probationer to be physically present when a search is conducted.

97

You do not need a suspect's probation officer to be present before conducting search as long as what?


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," which most conditions do.

98

Does an officer require reasonable suspicion or reason before conducting a probation search?

NO; If someone is on searchable probation, California case law permits you to conduct a search for no reason, that is, without "reasonable suspicion" or any other amount of particularized suspicion, as long as the probation condition permits a search by any law enforcement officer

99

can a probatin search be for arbitrary and capricious reasons such as being "unrelated to rehabilitative, reformative, or legitimate law enforcement purposes?

NO

100


IS THERE a constitutional difference between probation and parole for purposes of the Fourth Amendment?

NO;The Ninth Circuit has consistently found no "constitutional difference between probation and parole for purposes of the Fourth Amendment."

101

WHICH state parolees are subject to a search condition?

ALL state parolees are subject to a search condition.

102

IS IT necessary that a parolee is present during the search of his property or premises?.

NO; It is not necessary that a parolee is present during the search of his property or premises.

103

Must Officers have prior knowledge of the defendant's parole status before conducting a search?

YES; officers must have prior knowledge of the defendant's parole status