Search & Seizure - Chapter 2 Flashcards Preview

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Flashcards in Search & Seizure - Chapter 2 Deck (15)
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The 4th Amendment Grants (5 things):

- No Unreasonable Search
- Warrants only issued upon Probable Cause
- A search has occurred when an expectation of privacy is infringed
- The infringement must be done by gov't, not a private citizen
- Search must be intentional, not accidental


Standing for search

Defendant must prove that the illegal search invades his own personal expectation of privacy


Exclusionary Rule

When the legality of a search or seizure is decided before trial, "Suppression Hearing"


Warrantless Searches & Seizures require:

- Consent
- Exigent Circumstances
- Searches incident to arrest


Are BOL's (Be On The Lookout Bulletins) considered reliable information?

NO, they are not considered reliable information


Does a person being detained have to identify himself?

No. Person being detained does not have to identify himself, and is not considered 148 PC. Exception, person detained arrested for felony, must ID himself


When can we arrest for a warrantless misdemeanor not committed in our presence? (9 answers)

1) Juvenile commits the crime
2) DUI
a) Involved in collsion
b) In or about a vehicle obstructing the roadway
c) Destroy of conceal evidence
3) Suspect carrying loaded firearm on person in vehicle, in public, in public place
4) Assault or battery on school property
5) Assault or battery against Firefighter, EMT, Nurse
6) Assault or battery against senior citizen where suspect is related to victim
7) Domestic Violence
8) At airport, suspect in violation of carrying concealable firearm
9) Violations of court protective order


When must arraignment take place? Adults vs Juveniles

Adults - Within 48 hours of arrest, excluding weekends and holidays
Juveniles - Within 72 hours excluding weekends and holidays


Exigent Circumstances include (7 situations):

- Imminent danger to life
- Serious damage to property
- Imminent escape of the suspect
- Destruction of evidence
- An on-going violent crime spree
- Hot pursuit (Physically chasing after the suspect)
- Fresh pursuit (Conducting an immediate, uninterrupted, continuous investigation (3 hrs pushing luck))


Knock & Notice is NOT Required when:

- Suspect is armed and likely to use weapon
- Evidence will be destroyed
- Suspect will escape
- You are in an immediate "Hot Pursuit"


Area able to be searched incident to arrest includes:

- The area within "Immediate Control" of the suspect
- Areas within "Arms Reach" of the suspect
- Able to open containers that are on the suspect or under his immediate control (ie purse, backpack)


Able to obtain blood samples without a warrant so long as:

- Probable Cause the suspect ingested alcohol or drugs, and
- The blood is drawn by a trained medical personnel
- Blood samples can be taken with reasonable force if necessary


Is a warrant needed for finger nail scrapings?

No. Because the intrusion is technically non-existent.


When is blood, saliva, thumb prints, and palm prints required?

- Adults and juveniles found to be guilty of any felony, or by reason of insanity
- Those convicted of murder
- Those convicted of any sexual misconduct
- Sex offenders
** Samples can be taken without a warrant, & reasonable force may be used


May officers use force to remove evidence from a suspect's mouth?

Yes. May use reasonable force, on the grounds of preventing the destruction of evidence. Officers may exert minimal pressure in the neck area, but a "Choke hold" is illegal