Search & seizure Flashcards
(25 cards)
4th amendment protects an expectation of privacy that must be both
Reasonable and legitimate
An exception to the 4th amendment warrant requirement based on the publics expectation that law enforcement make take action to save a life or render aid
Community caretaking doctrine
A warrantless entry into a home when an emergency exists and there is a need to render aid to protect an individual from immediate harm from themselves or others
Emergency aid exception
Occurs when there is PC that a person who is wanted for a serious felony is inside a home or other private place and is about to flee
Fresh putsuit
Subcategory of exigent circumstances allowing entry into a structure where there is PC to believe a dangerous person has committed a serious felony
Hot pursuit
Under emergency aid, exception officers must consider the telly circumstances and be able to articulate an ______ ________ basis for believing there is an immediate need for medical assistance 
Objective Reasonable
If officers damage property as a result of an emergency aid exception method of entry. Officer must complete an
Officers report
What are the 3 levels of police criminal interaction
Consensual
Investigative (Terry Stop with RS)
Arrest (PC)
During a level of contact from the officer. The intentions of the officer are not relevant, however, _____ ________ of the officer is what will be evaluated
The actions
How long can you detain someone during a traffic stop
Necessary time to confirm the driving privilege status and issue the citation
Types of seizure for a person
Terry stop
Vehicle stop
Arrest
L2K
Type of seizure for a residences/structures
Premises freeze
Search Warrant
Type of seizures for vehicles
Vehicle stop
Impound
Search Warrant
Type of seizures for property
Plain view
Abandoned
Premises freeze
Search Warrant
Safekeeping
8 Types of searches
Warrantless
Strip search
Evidentiary blood draw
DNA
Body Cavity
Motor vehicle
Structure/residence
Inmate property
DNA (buccal swab) may be obtained either with
Consent or search warrant
Motor vehicle may be search under the following circumstances with PC
Search pursuant to a search warrant
Vehicle is ready mobile
Consent search
Motor vehicle may be search under the following circumstances with NO PC
Frisk
Inventory
Consent
VIN inspection
Consent searches must be documented in one of the following forms
Electronically recorded, Verbal and written
During a frisk for a vehicle Officers must have _____ ______ that a weapon is contained inside the vehicle
Reasonable suspicion
Doing an inventory of a vehicle if a law container cannot be open a notation on will be made in what form
Vehicle impound report
Whats the Payton Rule
Officers must have either an arrest worn, or a search warrant to enter a structures for the purpose of making a probable cause of arrest 
Which warrants DO NOT required an IAP
Static warrants
Major violators premise freeze and search warrants
Which warrants required an IAP
Criminal intel service
SWAT
