Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
51 Cards in this Set
- Front
- Back
|
2 ways to get a search |
consent or warrant |
|
|
Bence's Favorite Movie |
The French Connection |
|
|
elements for a search warrant |
-crime exists -there is evidence -the evidence is in the place to be searched |
|
|
exclusionary rule pertains to... |
government representatives, not private citizens (mall cops, loss prevention, etc.) |
|
|
knock notice |
-announce (knock) -Identify -state purpose -demand entry -wait reasonable time -forcibly enter, if necessary 1531 PC |
|
|
nexus rule |
can seize items not listed in a warrant during a lawful search with probable cause to believe an item is contraband or aids in the prosecution |
|
|
contraband |
any item that is illegal to possess |
|
|
exceptions of exclusionary rule |
-consent -emergency -incident to arrest -search condition (parole probation) |
|
|
plain view |
-without expectation of privacy, a plain view seizure is legal |
|
|
expectation of privacy |
-fence, closed door/window etc. -reasonable expectation of privacy |
|
|
probable cause to search is... |
having enough facts or info to provide fair probability and substantial chance that the object sought is located in the place to be searched. |
|
|
standing |
-when a person has legitimate possessory interest or relationship over an object or area -subject has reasonable expectation of privacy of the place or thing -to challenge a particular search or seizure, a person must have standing -established by ownership, possession, authority, control |
|
|
CA Constitution Art. 1 Sect. 13 |
-4th amendment rights -secure in persons, house, papers. effect -warrant needs probable cause and description |
|
|
seizure of property |
when interference with an individual's possessor interest by the government |
|
|
seizure of a person |
-officer applies force/restraint -voluntary submission to officer's authority |
|
|
curtilage |
-relatively small area immediately around a residence to which the occupant has a reasonable expectation of privacy |
|
|
open fields |
-outdoor real property open to public view lack expectation of privacy |
|
|
overflights |
-no reasonable expectation of privacy if aircraft can see from an FAA permitted altitude and not operated in an intrusive manner |
|
|
if a court finds that a search is not reasonable and that a person's 4th amendment rights have been violated by government.... |
-all items seized during the search could be ruled inadmissible or excluded as evidence |
|
|
a search warrant is |
-an order in writing, in the name of the people -signed by a magistrate -directed to a peace officer -commanding the officer to search for an individual, individuals, a thing, things or personal property -to bring before a magistrate 1523 PC |
|
|
statutory grounds for issuance of a search warrant |
-stolen, embezzled -used in felony -used to commit public offense -evidence showing felony -evidence in sexual exploitation of child |
|
|
content of search warrant |
-name/s of all who have sworn the facts presented as probable cause -statutory grounds for issuing warrant -descriptions of places or persons to be searched -description of things or property to be seized -magistrate's signature -date issued -indication by magistrate if nighttime service is authorized |
|
|
securing an area pending search warrant |
-if suspect has been arrested in the location -if exigent circumstances give reasonable belief that evidence may be destroyed or removed |
|
|
1534 PC |
-10 day limit to execute and return a search warrant -starting the day after issuance - til 10th day at 2400 hrs -no exceptions for weekends or holidays -between 0700 and 2200 hrs unless specified for night service |
|
|
after 10 day period |
-officer must obtain new warrant -or resubmit expired warrant for reissue |
|
|
refusal must occur after knock and notice before forcing entry 1531 PC |
-refusal can be -verbal -non verbal -passage of reasonable amount of time |
|
|
there is no requirement for knock and notice of inner doors |
true |
|
|
excusal of knock notice requirement |
-to prevent harm to officers or others -to prevent destruction of evidence -indicated by magistrate |
|
|
ruse entry |
-officers ma use false identity/reason to trick or obtain consent to enter as long as they have a legal right to enter (search warrant) |
|
|
presenting the search warrant |
-a copy of the search warrant should be shown to or left for the occupant (not legally required in CA) -inventory of items taken should be left |
|
|
evidence seized outside of the _____ of the warrant may be excluded at trial |
scope |
|
|
officers may detain/pat search persons who... |
are present and have demonstrated connection to the premises |
|
|
containers are included in the search of a |
-place person or vehicle |
|
|
requirements for plain view seizure |
-probable cause -lawful right to be in location -lawful access to the item |
|
|
sensory aides are legal to use as long as... |
-officer is using them from a lawful observation point -devices are unobtrusive |
|
|
cursory pat searches |
require -consent or -person lawfully detained and -officer able to articulate specific facts causing reasonable belief of danger or weapon may result in contraband if -item is immediately recognized as contraband and may be seized |
|
|
exigent circumstances |
-imminent danger to person -serious damage to property -imminent escape of suspect (hot or fresh pursuit) -imminent destruction or removal of evidence -do not allow search after exigent circumstance is gone -does allow for plain view discovery |
|
|
consent to search |
-may be given by a person with access or control to item or area -may be taken away or made conditional -must not be coerced or intimidated -may be expressed or implied |
|
|
search incident to a custodial arrest includes |
-full search of the person -containers on the person -nearby physical area under immediate control of person (arms reach) -does NOT include cite and release arrest |
|
|
protective sweep |
-search of areas immediately adjoining an area of arrest for other dangerous persons -allows for seizure of contraband |
|
|
vehicle search |
-justified with probable cause of contraband or evidence -vehicle appears to be mobile, even if not -needs warrant if in private (garage) -includes locked containers -disability vehicles do not apply (lil rascal) |
|
|
protective search of vehicle |
-limited warrantless search of passenger compartment for weapons -if driver or other occupant detained -officer believes there are weapons |
|
|
instrumentality of vehicle |
-means that if vehicle was committed with the vehicle or inside of it -can search -scope depends on crime |
|
|
vehicle inventory |
-inventory of valuables -when vehicle is impounded because --sole occupant is taken into custody --vehicle in TC cannot be driven --vehicle must be moved to protect it from theft or damage --traffic hazard --stolen vehicle -depends on agency policy -vehicle is repossessed |
|
|
stable or evanescent evdence |
-stable will not change with time -evanescent will change with time (dui blood) |
|
|
reasonable force for evidence of the body |
-is allowed -no choke holds for swallowing |
|
|
swallowed evidence |
-wait to pass -pump if dangerous to suspect |
|
|
suspect identification should |
-always be objective -never lead a witness -don't tell witness suspect has been caught or that evidence was found -never be posed as a certainty percentage or numerical value |
|
|
field show ups |
-should be done soon for fresh memory -witness taken to suspect |
|
|
photographic spread |
-should be similar photos -all color or all black and white
|
|
|
custodial lne ups |
-da notified -defendant counsel present if applicable -similar clothes -photos of each as evidence |
