Flashcards in Search and Seizure Deck (34)
If Ofc. Jones seizes evidence that is subject to suppression under the Exclusionary Rule, the evidence may still be admissible under what exception?
Inevitable discovery exception
As a result of Mapp v Ohio, the U.S. Supreme Court ruled that the police illegally obtained evidence during their police investigation. This landmark decision introduced the following court oversight decision?
Thw Exclusionary Rule
Case law has provided guidelines for police officers during traffic stops. a Police is authorized to do the following
Ask the operator to get out of the vehicle
Ask the occupants to get out of the vehicle
ask the operator to provide his license, vehicle registration, and insurance
During a Traffic Stop what is an officer not authorized to do ?
Conduct a pat down of the operator
If a police officer conducts an illegal search that results in the confiscation of evidence, it may result in what ?
At the suppression hearing, if it is determined that evidence was illegally obtained by the police, the judge will dismiss the charges
if a officer conducts an illegal search that results in the confiscation of evidence, what two things may happen?
The officer can be sued for violating the defendants's constitutional rights
The evidence will not be allowed to be admitted into the trial of the defendant
A police officer may seize evidence that is in plain view if he/she
Is on the property legally and views items subject to seizure
Katz v U.S. was one of the first court rulings which began to define a citizen's
Reasonable expectation of privacy
State the following statements about probable cause
Probable cause can exist under the "Totality of the circumstances"
Probable cause includes all facts and circumstances developed by officers
Probable cause includes all facts and circumstances that lead a reasonable person to believe a crime has been committed and items subject to seizure are present at a particular location
A homeowner's expectation of privacy extends to the land and buildings adjacent to a home. These areas are called what ?
Curtilage of the home
A fleeing suspect who discards contraband is subject of a lawful seizure when?
It was discarded after the officer established reasonable suspicion of criminal activity and gave chase.
When a police department is executing a valid search warrant of a home the police may do what
After knocking, announcing their purpose and waiting a reasonable period of time, the officers can forcefully enter the home
The officers can search all locations in the premises where the items identified in the search warrant might reasonably be found
the officers can conduct a pat down search of every person in the residence
What can an officer NOT do when executing a valid search warrant on a home unless noted on the search warrant?
The officer can not conduct a full search of the owner of the property
Sources for the legal rules governing search and seizure are found in which of the following places ?
Pa Constitution Article 1 section 8
Us Constitution 4th Amendment
Pa Rules of Criminal Procedures
Exigent Circumstances provides for warrantless searches of house and vehicles. What are exigent circumstances?
Destruction of evidence while police are attempting to obtain a warrant
Police observe a serious assault taking place inside a dwelling
A fleeing felon being pursued by police who enters his apartment to hide from police
What is Not an exigent circumstance?
Uncooperative witness who is argumentative with police and refuse to give details and runs back into his apartment
A valid Consent to a search is best described as what?
An officer had the subject sign the consent to search form before starting the search of the suspect's vehicle
What are police required to do after completing a search ?
Provide a receipt for the seized property, tag and document movement of property, List inventory, return sealed affidavit to local magistrate
In the Commonwealth of Pa, The fact that a vehicle is mobile is not in itself "exigent circumstances"for a warrantless search. Police must show what?
Probable Cause must be observed
No time to get a search warrant
The vehicle is or was in a public place
During suppression hearings the burden of proof falls on who?
Always on the Commonwealth
PA courts have rejected the constitutionality of what exception/rule ?
The good faith exception of the exclusionary rule
What must you do if you want to search something and it is not on a search warrant?
You must get written consent
When searching a property for items where should you search ?
Only search where items would be reasonable at.
What is the 4 corners of a warrant?
if you want to search it it must be on the warrant there is no black and white area
What is the definition of Contraband?
Items that are illegal to possess
After an issuance of a search warrant by the district Judge, How long do you have to execute the search ?
A Day warrant must be completed between what hours ?
A night time warrant may be executed between what hours?
What should you always do to cover your ass
Get a search warrant
Can the Pa Constitution be more strict then the U.S. Constitution? Weaker?
Give me examples of exigent circumstances to enter a home without a search warrant
Threat of serious bodily injury
Armed Subject Being chased and enters home
Possible destruction/removal of evidence
During a suppression hearing the police and defendant have to testify. True or False? Why?
False. Defendant never has to testify bc the burden of proof is always on the commonwealth
During execution of a search warrant the item you are searching for is a 67" flat screen Tv. What places shouldn't you search for the tv?
Wallet Dresser drawers any place a tv would not fit