search and Seizure Flashcards
1
Q
Stop and frisk (terry stop) requirements.
A
- (RS) a weapon exists
- articulable facts/circumstances
2
Q
Frisk of the automobile
A
- OFC has Reasonable belief (no more than RS)
- the driver access to a DW
3
Q
Search incident to the arrest
A
- PC developed
- In custody
- Placing induvial in your patrol car (Search for weapons)
4
Q
Lung/wingspan rule (Schimel case)
A
- could they attempt and escape
- could they reach for a weapon
- No matter if it is open or closed
5
Q
Requirements to Search passenger compartment of vehicle
A
- the proximity rule- passenger/driver could reach in the car to get a weapon or destroy evidence
- nature of the case- facts concerning to the arrest
6
Q
search incident to arrest only applies to what type of arrest
A
Custodial arrest
7
Q
automobile exception to the search warrant rule Caroll doc
A
- PC before/after stop
- that contraband is in car
- I can search the entire vehicle
- as if you had a warrant
8
Q
auto inventory search
A
- inventory for tow
- car accidents/community caretaking rule
- for expensive property
9
Q
DUI checkpoints
A
- valid due to advertisement prior to conducting
10
Q
emergency
A
exception to the SW rule
11
Q
True emergency definition
A
medical assistance needed
12
Q
evidence rule
A
- evidence will be lost
- does not apply to blood draw for DUI
13
Q
Parolee
A
- has no expectation of privacy
- still in custody of DOC
- continuing threat to the community
14
Q
consent
A
- voluntarily
- knowingly
- joint access or joint control of area
15
Q
Can hotel/landlord give consent to search
A
no
