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28 Cards in this Set

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Intended to Serve some governmental regulatory purpose or special need other than the capture of criminals or the discovery and seizure of evidence. (2) Done to everyone

Administrative Search

The reasonableness requirement of the 4th amendment sometimes demand that this type of search is done only after prior judicial approval.

Administrative Search

  • Applies to a person lawfully arrested or a vehicle that has been lawfully impounded.
  • A list of everything found on the person or in a car (what an officer see).
  • For safety and liability
  • done by law enforcement officer when a person is taken into custody

Inventory Search



Why is an Inventory Search Done?

(1) to safeguard the property and
(2) to protect against false claims of theft
(3) to prevent danger to officers

Does a lawful impoundment allow officers to go into locked components during a inventory search?

Yes
South Dakota v Opperman

this type of search is done after arrest and includes the arrestee's Person, the wingspan, lunging area, or grabbing areas.

Search Incident to Arrest

3 Reason for SITA

To Prevent
(1) Destruction of evidence
(2) Escape of arrestee
(3) Protection of officer

Can an Officer search a person out of the car or out of the room under a SITA basis?

No, the search must take place with the person in the car or in the room to be search....remember the wingspan or grabbing area justification.



Can the companion of an arrestee be searched?

Yes a companion may be searched...only for safety?

Can an officer search before the arrest?

Yes....it must fall with the established Exceptions.

Who carries the burden to

justify a warrantless search?

The prosecution.

When must the search incident
to arrest take place?

It should be substantially contemporaneous

What are the exceptions to the warrant requirement for searches

(1) SITA
(2) Terry
(3) Plain View
(4) Vehicle
(5) Consent
(6) Hot Pursuit
(7) Exigent Circumstance

this warrantless search is a quick look at the premises (incident to arrest/execution of arrest warrant) for the safety of the officers

Protective Sweep

this warrantless search (done during Terry Stops) is non-invasive...only for officer safety

Protective Search

this search incident to arrest includes the full seizure of a person...can include a cavity search and strip search and must have probable cause

Full Search

For this type of search you don't need a warrant, their is not right to privacy once their articles are in public domain.

Abandoned Property

Which has a lesser expectation of privacy...a vehicle or a dwelling?

A vehicle

Can search after arrest that is delayed or a second search be allowed?

Yes...searches at the police station or while being transported to the police station have been upheld, even when these searches are the 2nd search.

What is the term to describe the ability of the court to seperate a warrant to allow evidence seized from the valid portion of the warrant, and disallow evidence from the invalid part

Severability

This rule say that a defendant cannot have evidence excluded obtained under a warrant if the officer reasonably relied on a facially valid warrant

The Good Faith Rule

7 Factors to Consider Execution of Warrant

(1) Knock on door/ringing bell
(2) Announcement of police


(3) Delay/Wait for Entrance
(4) If no refusal you can use reasonable for to let yourself in and you can seize any evidence that can be used to convict
(5) Warrants Must Be Dated
(6) List All Seized Items
(7) Use of Reasonable Force

This is a written sworn statement: usually by police but can be by a citizen. Can not be conclusory--supporting facts necessary. Used to establish probable cause

Affidavit

What are the two test used to check the credibility of an informant?

(Old Test) Aguilar and Spenelli
(New Test) Gates

Under this test the judge looks at the Totality of the circumstances.

Gate Test

What are the two prongs of the Aguilar/Spenelli Test?

(basis of knowledge) -how does the dude know.. cannot be conclusory.
(credibility) - why is the dude reliable. ex. track record.

When an officer recieves a report from an out of court declarant or when the officer is told by a party what they saw and the officer has no first hand knowledge of the occurence.

hearsay

True or False

Hearsay is admissible for probable cause

True for PC

but not for trial purposes