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72 Cards in this Set
- Front
- Back
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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 |
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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 |
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SEIZURE OF PROPERTY
defined |
• meaningful interference
• w/ an individual's legitimate possessory interest in some property |
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SEIZURE OF A PERSON
defined |
• a peace officer
• physically applies force • or • a person voluntarily submits to • a peace officer's authority |
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SUBJECTIVE EXPECTATION OF PRIVACY
defined |
• an affirmative action by a person
• designed to protect their right to privacy |
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OBJECT REASONABLENESS
defined |
• society's recognition
• of an individual's expectation of privacy • as being reasonable |
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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 |
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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 |
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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" |
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STANDING
defined |
• having a legitimate possessory or ownership interest
• in the area searched or the property seized |
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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 |
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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 |
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SEIZURE OF PROPERTY
defined |
• meaningful interference
• w/ an individual's legitimate possessory interest in some property |
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SEIZURE OF A PERSON
defined |
• a peace officer
• physically applies force • or • a person voluntarily submits to • a peace officer's authority |
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SUBJECTIVE EXPECTATION OF PRIVACY
defined |
• an affirmative action by a person
• designed to protect their right to privacy |
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OBJECT REASONABLENESS
defined |
• society's recognition
• of an individual's expectation of privacy • as being reasonable |
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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 |
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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 |
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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" |
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STANDING
defined |
• having a legitimate possessory or ownership interest
• in the area searched or the property seized |
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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 |
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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 |
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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 |
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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 |
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MAGISTRATE
defined |
• a judge
• who has the responsibility • of reviewing the probable cause • and issuing the warrant |
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TIME LIMITS FOR EXECUTING A SEARCH WARRANT
PC 1534 |
• shall be executed and returned
• w/in 10 days of issuance |
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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 |
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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 |
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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 |
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SEARCH WARRANT AFFIDAVIT
defined |
• sworn document
• which outlines a summary of facts • known to the affiant • establishing PC for obtaining a search warrant |
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AFFIANT
defined |
• person who swears that the contents of the affidavit
• are true and correct |
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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 |
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THE NEXUS RULE
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• officers may seize items of contraband
• or items not listed on the search warrant • which are related to criminal behavior |
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PLAIN SIGHT RULE
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• 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 |
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EXCEPTIONS TO THE WARRANT REQUIREMENT
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• patdowns and frisks
• consent searches • searches pursuant to exigent circumstances • searches incident to lawful arrest • probation and parole searches |
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PAT-DOWN or FRISK SEARCH
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• 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 |
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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 |
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TYPES OF CONSENT
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• EXPRESSED: given directly orally or in writing
• IMPLIED: weakest type given by signs, actions or facts |
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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 |
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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 |
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CUSTODIAL or BOOKING SEARCH
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• a search of the personal property of an arrestee
• for the safeguarding and protection of the person's property |
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VEHICLE SEARCHES PROBABLE CAUSE EXCEPTION
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• 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 |
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VEHICLE SEARCHES PROTECTIVE SEARCH OF A VEHICLE
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• vehicle search permitted it
• the vehicle is legally detained • the officer reasonably believes • based on specific facts • that there may be a weapon inside |
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VEHICLE SEARCHES INCIDENT TO A CUSTODIAL ARREST
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• officer may conduct
• a warrantless search • of the passenger compartment of a vehicle • incident to a custodial arrest |
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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 |
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VEHICLE SEARCHES
INVENTORY SEARCH |
• a search of a vehicle
• lawfully in police custody • for the purpose of • accounting for personal property |
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SPECIAL WARRANT REQUIREMENTS FOR BODILY INTRUSION SEARCH
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• 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? |
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BODY CAVITY
defined PC 4030 |
• stomach or rectal cavity of a person
• vagina of a female |
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VISUAL BODY CAVITY SEARCH
defined PC 4030 |
• visual inspection of a body cavity
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PHYSICAL BODY CAVITY SEARCH
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• physical intrusion into a body cavity
• for the purpose of discovering • any object concealed within |
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CUSTODIAL or BOOKING SEARCH
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• a search of the personal property of an arrestee
• for the safeguarding and protection of the person's property |
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VEHICLE SEARCHES PROBABLE CAUSE EXCEPTION
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• 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 |
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VEHICLE SEARCHES PROTECTIVE SEARCH OF A VEHICLE
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• vehicle search permitted it
• the vehicle is legally detained • the officer reasonably believes • based on specific facts • that there may be a weapon inside |
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VEHICLE SEARCHES INCIDENT TO A CUSTODIAL ARREST
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• officer may conduct
• a warrantless search • of the passenger compartment of a vehicle • incident to a custodial arrest |
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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 |
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VEHICLE SEARCHES
INVENTORY SEARCH |
• a search of a vehicle
• lawfully in police custody • for the purpose of • accounting for personal property |
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SPECIAL WARRANT REQUIREMENTS FOR BODILY INTRUSION SEARCH
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• 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? |
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BODY CAVITY
defined PC 4030 |
• stomach or rectal cavity of a person
• vagina of a female |
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VISUAL BODY CAVITY SEARCH
defined PC 4030 |
• visual inspection of a body cavity
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PHYSICAL BODY CAVITY SEARCH
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• physical intrusion into a body cavity
• for the purpose of discovering • any object concealed within |
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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 |
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STABLE EVIDENCE
defined |
• evidence such as blood for typing or DNA analysis
• that does not change over time |
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EVANESCENT EVIDENCE
defined |
• evidence such as blood for alcohol content analysis
• that changes or is lost over time |
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USE OF FORCE DURING BODILY INTRUSION SEARCH
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• officers may use the degree of force necessary
• to overcome resistance • and recover the evidence • may not use force • sufficient to "shock the conscience" |
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EMETIC
defined |
• a substance used to induce vomiting
• which must be administered in a medically approved manner |
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OBTAINING BLOOD SAMPLE
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• consent
• absent exigent circumstances, a warrant is required • must be taken in a medically approved manner |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
