Search & Seizure of Premises - Chapter 3 Flashcards Preview

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Flashcards in Search & Seizure of Premises - Chapter 3 Deck (12)
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1

3 exceptions to the warrant requirement regarding searches

1) Emergency searches
2) Consent searches
3) Search incident to arrest

2

It is illegal to physically enter an area where a person has a right to be unless:

1) You have a warrant
2) Exigent circumstances
3) Obtain valid consent

3

May officers arrest a subject without a warrant who is standing in his open garage if they have probable cause he committed a misdemeanor?

No. The subject is on private property. Unless felony

4

Reasonable expectation of privacy

Officers may not use "Extraordinary Effort" to look into spaces. IE, cant use step ladder, peer through small knothole, etc

5

Is flying over a resident legal to obtain information?

Yes. Stay at least 1,000 feet off the ground.

6

May the use of thermal imaging be used?

Only with the issuance of a warrant

7

What is the Nexus Rule?

The connection between and object seized and criminal activity.

8

During exigent circumstances, your "Scope" within a residence is limited to?

Limited to resolving the emergency

9

Does Knock and Notice apply to an open front door?

Yes.Purpose of knock and notice is to minimize the the possibility of a violent confrontation & minimize damage to property

10

Exception to Knock and Notice include: (4 answers)

1) Consent to enter
2) Public places or business
3) Exterior gates and fences
4) Unoccupied Premises

11

For consent to be valid it must be:

1) Voluntary, not coerced
2) Obtained from a person with authority, or apparent authority
3) Scope, reasonable scope of area being searched

12

What is "Apparent Authority"?

When the officer had reasonable, good-faith belief, based on all circumstances, that the person giving consent had the authority to give consent.