Flashcards in Peace Officer Legal Source Book * Deck (39)
Where does if prohibit "unreasonable searches and seizures of the people, houses, and personal property?
What are 3 examples of Warrantless Searches and Seizures?
Consent searches, Emergency (exigent circumstance) and searches incident to an arrest
When does "detention" occur?
A detention 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
When can you detain someone?
Your detention must be supported by reasonable suspicion. You CAN NOT detain on a hunch.
During a detention, can you conduct a general, full search of the suspect?
NO, during a detention you have no authority to conduct a general, full search of a suspect. You may conduct a pat down for weapons, only on outer clothing, and only if you have specific facts which make you feel in danger.
Do you have to give Miranda Warnings for possible DUIs for pre FST questions?
NO, because the suspect is only being detained at that point. For Miranda, you need "custody" and "interrogation".
How much force can you use in order to effect an arrest?
PC 835 states that you may use reasonable force to effect an arrest, overcome resistance, or prevent escape. A suspect may not resist an arrest even if it is unlawful. HOWEVER, if you use EXCESSIVE force to make the arrest, the suspect may lawfully resist with enough force to resist the excessive force.
what areas can you search a subject for a custodial arrest?
You can search the arrestee's person and the area around him. (The area and and objects under his immediate control) It includes containers, opened or closed. the search must occur at the same location at approximately the same time. (contemporaneous)
Do you need a warrant to conduct a body search?
It MAY require a warrant. Warrantless body searches will be withheld if: There is probable cause to arrest the suspect, probable cause to search, need outweighs the intrusivness, exigent circumstances exist
Can you apply a choke hold to prevent a suspect from swallowing evidence?
NOPE. a choke hold is illegel as excessive force. However Police may attempt to prevent swallowing, if it apears the suspect is attempting to swallow evidence, by exerting minimal pressure in the neck area, as long as the pressure doesn't choke or impair the suspect's breathing.
What are our primary wources for Search and Seizure (not resources)
4th amendment and case law
What does the term standing mean?
A resasonable expectation of privacy in item searched.
Explain the thought process when applying the plain view rule to a scenario
Observaton: did the officer have a lawful right to be there, was it a plain view observation, is the item located in the protected place, and was it necessary to size the item?
List the components of a search warrrant
affidavit, search warrant and return
What is the best way to search?
with a search warrrant
List the know and Notice requirements
Announce your presence, ID yourself, state your purpose, demand entry, and wait a reasonable time (must articulate circumstances present at the time to justify what was reasonable at the time)
What are we looking for in an arrest warrant? What are the standard times for serving of a misdemeanor arrest warrant? What are the standard times for serving of a search warrant?
A person, times are 0600-2200 and 0700-2200 (without special endorsement)
What does the 4th amendment state about warrantless searches?
Warrantless searches are presumed to be unlawful
What are the 4 warrantless search exceptions?
Incidental to arrest, consent, probable cause as it pertains to vehicles only exigent circumstance
Explain the difference between probation and parole searches
Paroless all have the same search condition (person, property under their control and residence), parole searches require reasonable suspicion, parole searches require a neus between the criminal activity and the search, probation searches do not require reasonable suspicion and not all probationers have search conditions
When an officer books a firearm into evidence what reports are required to be submitted with the CHP 36, evidence/property receipt/report?
A copy of the CHP 216, 202 and/or 555, pages 1-3 is appropriate
Officers serving a search warrant for stolen microwave ovens locate illegal narcotics in a kitchen drawer. Is this seizure of the narcotics admissible in court (No indicia of residency on this warrant)?
No, because the officers were beyond the scope of the search.
Same mircowave scenario, except warrant is for child pronography. Is the seizure of the narcotics admissible in court? What rule allows this evidence?
Nexus Rule (officers must be engaged in a bona fide effort to execute the terms of the warrant. Contraband may initially be in plain sight or subsequently plain sight due to officers efforts.
When may an officer do a pat down? What are we looking for?
Must have articulable fear of safety, limited search of out clothing, for weapons only.
When may officers go into the pockets of a suspect during a pat down?
May remove hard objects that might be a weapon, based upon training and experience (pen guns, wallet guns, pager guns etc) OR may remove item if immediately recognizable as contraband.
Can you search a person fo id?
Yes, if arrested for no id (incidental to arrest) if wallet visible, ask first, if they don't fint it or refuse, officer may look (use common sense)
When do we need consent to pat down a non suspect?
No duty to transport
Duty to transport: do we need consent to pat dow non suspects?
No (use common sense)
11-26 on a freeway: is that person in violation of ped on freeway?