Flashcards in Search & Seizure of Vehicles - Chapter 4 Deck (13)
A detention exists when?
- Officer asserts authority over a person in a way that a reasonable and innocent person would feel compelled to submit to, and
- The person in fact does submit their authority to the officer
A detention is valid when:
You have Reasonable Suspicion that:
- A crime just happened, is happening, or about to happen, and
- The person, the vehicle, the person in the vehicle you are about to detain is connected with that activity
** Criminal Activity is Afoot
Are "pre-text" stops illegal?
No. So long as there is an objective basis for the stop
Vehicle checkpoints are ok to conduct checks of what?
- Drug Trafficking
- Valid CDL
*** Must stop all vehicles at the checkpoint
Evidence may be suppressed when?
When the federal constitution is violated.
A prolonged detention, which resulted in a de facto arrest, does not require the suppression of evidence because the arrest was supported by probable cause
On a vehicle stop, you can assert authority over a passenger because?
- To ensure your safety or the safety of the passenger or other person
- To carry out your duties relating to the initial detention of the driver
- To investigate your articulable suspicion that the passenger was involved in criminal activity
Are you allowed to search a vehicle for weapons in a similar manner you may search a person for weapons?
Yes. You may enter a vehicle during a detention to conduct a limited search for weapons in situation where the circumstances can justify
what is the "Contemporaneous requirement"?
The search and arrest must be carried out at the same location within an appropriate amount of time. A 30-40 minute delay has been deemed too long between events.
The automobile exception applies to the following:
- A vehicle (sedan, truck, wagon)
- A motor home
- A van
- A houseboat in public waters
- A bicycle
With CONSENT remember the following:
- Your right to ask
Speed contest and Reckless driving
if a vehicle is used in a speed contest (23109 VC), or the driver is charged is reckless driving (23103 VC), the vehicle can be seized since it was used in the commission of a crime
Police must have lawful possession of the vehicle