Search & Seizure of Vehicles - Chapter 4 Flashcards Preview

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Flashcards in Search & Seizure of Vehicles - Chapter 4 Deck (13)
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1

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

2

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

3

Are "pre-text" stops illegal?

No. So long as there is an objective basis for the stop

4

Vehicle checkpoints are ok to conduct checks of what?

- DUI
- Drug Trafficking
- Valid CDL
*** Must stop all vehicles at the checkpoint

5

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

6

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

7

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

8

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.

9

The automobile exception applies to the following:

- A vehicle (sedan, truck, wagon)
- A motor home
- A van
- A houseboat in public waters
- A bicycle

10

With CONSENT remember the following:

- Your right to ask
- Voluntariness
- Authority
- Scope

11

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

12

Inventory seach

Police must have lawful possession of the vehicle

13

When can an officer conduct a traffic stop?

Officer believes the driver violated CVC or some other law
- Justified even without VC violation, ie weaving within ones own lane, possible DUI
- Driving w/o lights in private parking lot
- Believe driver/passenger involved in felonious activity.