Search And Seizure

Question 1

Exclusionary Rule

Answer 1

Prohibits evidence obtained by unreasonable search and seizure from being used in court

Question 2

Exceptions to the Exclusionary Rule

Answer 2

SILA
Plain View
Automobile
Consent
Emergency / Hot Pursuit
SQF
Inventory

Question 3

Search Warrant

Answer 3

Court Order issued by local criminal court directing search of a designated premises, person, or vehicle for the purpose of seizing designated property. A search of a designated premises for purpose of searching&arresting a person who is the subject of an arrest warrant.

Question 4

Payton v New York

Answer 4

You cannot enter the home or residence of a suspect to effect an arrest without an arrest warrant

Question 5

United States v Steagald

Answer 5

If you enter the home or residence of a third person without consent or exigency circumstances to look for a suspect, who is the subject on an arrest warrant, you must have a search warrant

Question 6

Two Documents Prepared when applying for a search warrant

Answer 6

The search warrant itself
A search warrant affidavit

Question 7

Which categories of property are subject to seizure by a search warrant?

Answer 7

Stolen / Unlawfully Possessed Property
Property that has been use, or is possessed for the purpose of being used, to commit or conceal the commission of an offense
Constitutes evidence or tends to demonstrate that an offense was committed or that particular person participated in the commission of an offense

Question 8

When can a search warrant be executed

Answer 8

Any day between 6am - 9pm

Question 9

Nighttime Endorsement

Answer 9

Allows search warrant to be executed anytime.
Must show that the warrant cannot be executed between 6am - 9pm
Or
The property sought will be removed or destroyed if not seized forthwith

Question 10

Michigan v Summers

Occupants inside of premises being searched

Answer 10

(a) Police may detain occupants while the search is being conducted.
(b) If contraband is uncovered in the premises, the occupants in control of premises may be charged
(c) Cannot search occupants unless the warrant authorized search of everyone

Question 11

Michigan v Bailey
Immediate Vicinity

Answer 11

Officers may only detain occupants if they are found in the immediate vicinity of the premises. Immediate vicinity:
(a) Lawful limits of premises
(b) Whether occupant was in line of sight of his dwelling
(c) The ease of reentry
(d) Law Enforcement Interest

Question 12

May all persons found in a location where contraband is recovered during a search warrant execution be arrested?

Answer 12

No, mere presence does not establish probably cause. Officer has PC when:
Search warrant states PC
Person Possesses Contraband (actual or constructive)
Drug Factory Presumption

Question 13

People v Kim
Close Proximity

Answer 13

Establishes “Close Proximity”
Physically present in room
Outside the room with drugs
In immediate flight or are apprehended fleeing the premises upon the appearance of the police
Drugs & paraphernalia must be in open view

Question 14

United States v Chadwick
PC a closed container contains contraband

Answer 14

A search warrant is required before officers may open a closed container that is property in their possession after an arrest when they probably cause to believe container contains contraband. Unless reasonably believe contained evidence could be damaged or weapon

Question 15

Anticipatory Search Warrant

Answer 15

Warrant application must establish probable cause to believe that the property will be physically present at location when warrant is executed. Must state with some degree of specificity or steps have been taken to prevent premature execution (surveillance)

Question 16

Plain View Excetion

Answer 16

Applies when:
Officer has legal right to be in location
The discovery is inadvertent
Probable cause is immediate

Question 17

Search Incident to Lawful Arrest

Answer 17

Allows searching of person for weapon, instrument that can facilitate escape, or evidence of the crime for arrest

Question 18

Containers of Arrested Persons (SILA)

Answer 18

Container concealed on person auto search. Portable container carried or within grabbable area can be seized not search without reasonable belief of a weapon or destruction of evidence. Search should take place immediately. A search warrant must be obtained for container with PC to contain evidence.

Question 19

Factors that Establish Reasonable Belief

Answer 19

Violent Crime. Suspect is known to be violent. Statements or actions of suspect. Container would reasonably suggest a weapon (bullets, empty holster). Any other evidence or info which may cause Officer to fear a weapon is concealed

Question 20

Searches of Closed Containers incident to Lawful Arrest requirements

Answer 20

Safety - Threatening demeanor or resists removal of container from their person.

Protection of Evidence - Reasonable Belief evidence may be destroyed or concealed

Question 21

Automobile Exception

Answer 21

Allows police to search a vehicle and any container found therein when they have probably cause to believe the vehicle contains contraband, a weapon, or evidence of a crime

Question 22

Consent

Answer 22

Must be made voluntarily, knowingly, and intelligently

Question 23

Factors considered with consent

Answer 23

Was suspect in custody and what are the circumstances of custody?
The background of the consenter
Is the consenter evasive or uncooperative?
Was the consenter advised of their right to decline

Question 24

Emergency Exception

Answer 24

Search is conducted not solely to obtain evidence but to eliminate a threat to public safety

Question 25

Hot Pursuit

Answer 25

Police must have probably cause and are attempting to apprehend a suspect. They may enter any premises the suspect enters

Question 26

Why Inventory Procedure is Conducted

Answer 26

Protect Property from loss or theft
Protect the police from false claims of missing property
Verify or ascertain the arrestees identity
Protect police and public from hazardous, explosive, or perishable items

Question 27

Locked Container with Regard to Inventory Procedure

Answer 27

Should not be opened unless doing so would cause more than minimal damage. Unless:
Owner consents
Hazardous or perishable material
Contents are in plain view or can be inferred from appearance of container

Question 28

Crime Scenes

Answer 28

Need a warrant to search crime scenes in premises.

Homicide crime scene where place of occurrence is the victims resident do not require warrant