Crim Pro: 3 Searches & Pc

Front 1

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

Back 1

Administrative Search

Front 2

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

Back 2

Administrative Search

Front 3

• 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

Back 3

Inventory Search

Front 4

Why is an Inventory Search Done?

Back 4

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

Front 5

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

Back 5

Yes
South Dakota v Opperman

Front 6

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

Back 6

Search Incident to Arrest

Front 7

3 Reason for SITA

Back 7

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

Front 8

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

Back 8

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.

Front 9

Can the companion of an arrestee be searched?

Back 9

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

Front 10

Can an officer search before the arrest?

Back 10

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

Front 11

Who carries the burden to

justify a warrantless search?

Back 11

The prosecution.

Front 12

When must the search incident
to arrest take place?

Back 12

It should be substantially contemporaneous

Front 13

What are the exceptions to the warrant requirement for searches

Back 13

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

Front 14

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

Back 14

Protective Sweep

Front 15

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

Back 15

Protective Search

Front 16

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

Back 16

Full Search

Front 17

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

Back 17

Abandoned Property

Front 18

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

Back 18

A vehicle

Front 19

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

Back 19

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.

Front 20

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

Back 20

Severability

Front 21

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

Back 21

The Good Faith Rule

Front 22

7 Factors to Consider Execution of Warrant

Back 22

(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

Front 23

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

Back 23

Affidavit

Front 24

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

Back 24

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

Front 25

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

Back 25

Gate Test

Front 26

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

Back 26

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

Front 27

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.

Back 27

hearsay

Front 28

True or False

Hearsay is admissible for probable cause

Back 28

True for PC

but not for trial purposes