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72 Cards in this Set

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SEARCH

defined
• a governmental intrusion
• into an area
• where there is a reasonable expectation of privacy
• for the purpose of discovering
• contraband or evidence
• to be used in a criminal prosecution
SCOPE OF A SEARCH

defined
• the area covered by a search
• limited by the specific circumstances an
• the legal authority under which the search is conducted
SEIZURE OF PROPERTY

defined
• meaningful interference
• w/ an individual's legitimate possessory interest in some property
SEIZURE OF A PERSON

defined
• a peace officer
• physically applies force
• or
• a person voluntarily submits to
• a peace officer's authority
SUBJECTIVE EXPECTATION OF PRIVACY

defined
• an affirmative action by a person
• designed to protect their right to privacy
OBJECT REASONABLENESS

defined
• society's recognition
• of an individual's expectation of privacy
• as being reasonable
CURTILAGE

defined
• grounds and structures
• immediately surrounding a dwelling
• which are used for domestic purposes
• in connection w/ the dwelling
• in which the owner has a reasonable expectation of privacy
OPEN FIELDS DOCTRINE

defined
• areas including unoccupied and undeveloped areas
• outside of the curtilage
• where officers may enter w/o a warrant
• since there is no reasonable expectation of privacy in open areas
WHEN OVERFLIGHT PERMISSABLE

defined
• included
• anything plainly viewed
• from airplane or helicopter
• when aircraft is
• at an altitude permitted by FAA
• operated in a "physically non-intrusive manner"
STANDING

defined
• having a legitimate possessory or ownership interest
• in the area searched or the property seized
SEARCH

defined
• a governmental intrusion
• into an area
• where there is a reasonable expectation of privacy
• for the purpose of discovering
• contraband or evidence
• to be used in a criminal prosecution
SCOPE OF A SEARCH

defined
• the area covered by a search
• limited by the specific circumstances an
• the legal authority under which the search is conducted
SEIZURE OF PROPERTY

defined
• meaningful interference
• w/ an individual's legitimate possessory interest in some property
SEIZURE OF A PERSON

defined
• a peace officer
• physically applies force
• or
• a person voluntarily submits to
• a peace officer's authority
SUBJECTIVE EXPECTATION OF PRIVACY

defined
• an affirmative action by a person
• designed to protect their right to privacy
OBJECT REASONABLENESS

defined
• society's recognition
• of an individual's expectation of privacy
• as being reasonable
CURTILAGE

defined
• grounds and structures
• immediately surrounding a dwelling
• which are used for domestic purposes
• in connection w/ the dwelling
• in which the owner has a reasonable expectation of privacy
OPEN FIELDS DOCTRINE

defined
• areas including unoccupied and undeveloped areas
• outside of the curtilage
• where officers may enter w/o a warrant
• since there is no reasonable expectation of privacy in open areas
WHEN OVERFLIGHT PERMISSABLE

defined
• included
• anything plainly viewed
• from airplane or helicopter
• when aircraft is
• at an altitude permitted by FAA
• operated in a "physically non-intrusive manner"
STANDING

defined
• having a legitimate possessory or ownership interest
• in the area searched or the property seized
EXCLUSIONARY RULE

defined
• all items seized by the government
• during a search or seizure
• deemed in violation of the 4th amendment
• could be found to be inadmissible
• as evidence at trial
SEARCH WARRANT

defined PC 1523
• a written order
• signed by a magistrate
• commanding a peace officer
• to search a specific place
• for specific items and
• bring them before a magistrate
CONTENTS OF A SEARCH WARRANT

PC 1523
• statutory grounds for issuance as set forth in affidavit
• items or names of persons sought
• location to be searched
• vehicle to be searched
• person to be searched
• signature of magistrate
SEARCH WARRANT CONTENTS

defined PC 1525
• identity of person(s) seeking warrant
• probable cause to search
• statutory grounds for issuance
• description of particular person(s), property and location(s)
• description of particular things to be seized
MAGISTRATE

defined
• a judge
• who has the responsibility
• of reviewing the probable cause
• and issuing the warrant
TIME LIMITS FOR EXECUTING A SEARCH WARRANT

PC 1534
• shall be executed and returned
• w/in 10 days of issuance
TIMES OF SERVICE FOR SEARCH WARRANT

PC 1533
• a search warrant may normally be served
• between 7:00am and 10:00 pm
• unless designated by the magistrate for nighttime service
ITEMS THAT MAY BE SEARCHED FOR PER A WARRANT

PC 1524
• dangerous weapons
• fruits of the crime
• instruments of the crime
• contraband
• suspects
• additional victims
• physical evidence
• item or evidence that tends to show violation of Labor Code 3700.5
PROBABLE CAUSE TO SEARCH

defined
• sufficient facts
• establishing a fair probability
• that a particular evidence of a crime will be found
• during a search or particular person, place object or location
SEARCH WARRANT AFFIDAVIT

defined
• sworn document
• which outlines a summary of facts
• known to the affiant
• establishing PC for obtaining a search warrant
AFFIANT

defined
• person who swears that the contents of the affidavit
• are true and correct
KNOCK AND NOTICE

defined PC 1531
• officer may break open any outer or inner door or window of a house
• or any part of a house
• or anything therein
• to execute the warrant
• if, after notice of authority and purpose
• is refused admittance
THE NEXUS RULE
• officers may seize items of contraband
• or items not listed on the search warrant
• which are related to criminal behavior
PLAIN SIGHT RULE
• not a search
• when an officer
• observes items of evidence or contraband
• in plain view
• from a position he/she has a lawful right to be
EXCEPTIONS TO THE WARRANT REQUIREMENT
• patdowns and frisks
• consent searches
• searches pursuant to exigent circumstances
• searches incident to lawful arrest
• probation and parole searches
PAT-DOWN or FRISK SEARCH
• a cursory search
• of legally detained suspect
• to protect an officer
• from an unexpected assault
• when the officer reasonably believes
• that the person is armed
• w/ a weapon or potentially dangerous instrument
CONSENT TO SEARCH

defined
• a voluntary agreement to be searched
• proposed by an officer
• to be valid, a person's consent must be
• clear
• specific
• unequivocal, and
• w/ authority
TYPES OF CONSENT
• EXPRESSED: given directly orally or in writing

• IMPLIED: weakest type given by signs, actions or facts
SEARCH UNDER EXIGENT CIRCUMSTANCES

Procedures
• an emergency search when
• an officer may enter into an area
• where there is an expectation of privacy
• for the purpose of protecting
• life, health and property
SEARCH INCIDENTAL TO ARREST

Procedures
• a search conducted contemporaneous to an arrest
• limited to the suspect and areas in the suspect's immediate control
• for officer safety
• to prevent the destruction of evidence
CUSTODIAL or BOOKING SEARCH
• a search of the personal property of an arrestee
• for the safeguarding and protection of the person's property
VEHICLE SEARCHES PROBABLE CAUSE EXCEPTION
• if an officer believes
• that enough probable cause exists
• for a search warrant of a vehicle
• the vehicle may be searched
• w/o a warrant
VEHICLE SEARCHES PROTECTIVE SEARCH OF A VEHICLE
• vehicle search permitted it
• the vehicle is legally detained
• the officer reasonably believes
• based on specific facts
• that there may be a weapon inside
VEHICLE SEARCHES INCIDENT TO A CUSTODIAL ARREST
• officer may conduct
• a warrantless search
• of the passenger compartment of a vehicle
• incident to a custodial arrest
VEHICLE SEARCHES
INSTRUMENTALITY OF A CRIME
• officers may search the vehicle w/o a warrant
• w/ probable cause
• that the vehicle itself
• constitutes evidence of a crime
VEHICLE SEARCHES
INVENTORY SEARCH
• a search of a vehicle
• lawfully in police custody
• for the purpose of
• accounting for personal property
SPECIAL WARRANT REQUIREMENTS FOR BODILY INTRUSION SEARCH
• is it likely that the method will produce evidence in question?
• was the offense serious enough the justify the intrusion?
• is the desired evidence critical to the case?
• is there an alternate method?
• does the necessity justify the danger or intrusiveness?
BODY CAVITY

defined PC 4030
• stomach or rectal cavity of a person
• vagina of a female
VISUAL BODY CAVITY SEARCH

defined PC 4030
• visual inspection of a body cavity
PHYSICAL BODY CAVITY SEARCH
• physical intrusion into a body cavity
• for the purpose of discovering
• any object concealed within
CUSTODIAL or BOOKING SEARCH
• a search of the personal property of an arrestee
• for the safeguarding and protection of the person's property
VEHICLE SEARCHES PROBABLE CAUSE EXCEPTION
• if an officer believes
• that enough probable cause exists
• for a search warrant of a vehicle
• the vehicle may be searched
• w/o a warrant
VEHICLE SEARCHES PROTECTIVE SEARCH OF A VEHICLE
• vehicle search permitted it
• the vehicle is legally detained
• the officer reasonably believes
• based on specific facts
• that there may be a weapon inside
VEHICLE SEARCHES INCIDENT TO A CUSTODIAL ARREST
• officer may conduct
• a warrantless search
• of the passenger compartment of a vehicle
• incident to a custodial arrest
VEHICLE SEARCHES
INSTRUMENTALITY OF A CRIME
• officers may search the vehicle w/o a warrant
• w/ probable cause
• that the vehicle itself
• constitutes evidence of a crime
VEHICLE SEARCHES
INVENTORY SEARCH
• a search of a vehicle
• lawfully in police custody
• for the purpose of
• accounting for personal property
SPECIAL WARRANT REQUIREMENTS FOR BODILY INTRUSION SEARCH
• is it likely that the method will produce evidence in question?
• was the offense serious enough the justify the intrusion?
• is the desired evidence critical to the case?
• is there an alternate method?
• does the necessity justify the danger or intrusiveness?
BODY CAVITY

defined PC 4030
• stomach or rectal cavity of a person
• vagina of a female
VISUAL BODY CAVITY SEARCH

defined PC 4030
• visual inspection of a body cavity
PHYSICAL BODY CAVITY SEARCH
• physical intrusion into a body cavity
• for the purpose of discovering
• any object concealed within
STRIP SEARCH

defined PC 4030
• any search
• which requires the officer to
• remove or rearrange some or all of a person's clothes
• so as to permit a visual inspection
• of the underclothing, breasts, buttocks or genitalia of a person
STABLE EVIDENCE

defined
• evidence such as blood for typing or DNA analysis
• that does not change over time
EVANESCENT EVIDENCE

defined
• evidence such as blood for alcohol content analysis
• that changes or is lost over time
USE OF FORCE DURING BODILY INTRUSION SEARCH
• officers may use the degree of force necessary
• to overcome resistance
• and recover the evidence
• may not use force
• sufficient to "shock the conscience"
EMETIC

defined
• a substance used to induce vomiting
• which must be administered in a medically approved manner
OBTAINING BLOOD SAMPLE
• consent
• absent exigent circumstances, a warrant is required
• must be taken in a medically approved manner
OBTAINING FINGERPRINTS FORM ARRESTEE

procedures
• an officer
• may use reasonable force
• to obtain fingerprint evidence
• from an arrested person
• an arrestee has no legal right to refuse fingerprinting
OBTAINING HANDWRITING EXEMPLAR FROM ARRESTEE

procedures
• court may order arrestee to provide handwriting sample
• defendant's refusal may be used against him in court
• physical force is impractical to obtain handwriting exemplar
UNDUE SUGGESTION IN LINEUP

defined
• a peace officer
• suggesting in any way
• to a victim or witness
• that a suspect observed
• in an identification process
• committed the crime
FIELD SHOWUP

defined
• a viewing of a suspect
• by a victim and/or witness to a crime
• in the field
• shortly after a crime has been committed
PHOTOGRAPHIC LINEUP or SPREAD

defined
• an identification procedure
• in which the victim/witness to a crime
• is asked to view at least six photographs
• in an attempt to identify a suspect
CUSTODIAL LINEUP

defined
• an identification procedure
• in which a victim/witness to a crime
• is asked to look at a number of individuals
• within a custodial environment
• one of which is the suspect