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34 Cards in this Set

  • Front
  • Back
Both the United States and California Constitutions prohibit "unreasonable" search and Seizures of people, houses, and personal property.
True, 4th amendment
A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.
True, 4th amendment
A seizure of property occurs when there is some meaningful interference with an individual's possessory interext in that property.
True, 4th amendment
A seizure of a person occurs when a peace officer physically applies force or when a person voluntarily submits to a peace officer's authority.
True, 4th amendment
A private person can never violate the 4th amendment.
The proscription against unreasonable search and seizure in the 4th amendment applies only to acts of government officers or their agents.
The search and seizure must be intentional, rather than merely an accident.
The exclusionary rule can be found in case law.
True. it is not a constitutional amendment.
Proposition 8 was passed in 1982 in California because of what:
To stop the expansion by eliminating California's "independent state grounds" as a basis for excluding evidence.
Because of Proposition 8, federal rules govern the admissibility of evidence.
When Prop. 8 was passed a defendant must demonstrate "standing" in he moves to suppress evidence.
A "consensual encounter" is contact between an officer and an individual which is strictly voluntary. The key element is that:
The person does not have to cooperate, the person is free to leave, and the person may not be restrained.
When a peace officer seeks a consensual interview with a suspect are there any 4th amendment privacy issues?
During a consensual interview, can an officer ask for identification?
If you have a consensual interview with a suspect, you must?
give the impresion compliance with your request is mandatory, you must ask for the suspects cooperation, and you can tell the suspect they are free to go.
You have no authority to conduct any kind of a search during a consensual encounter unless, of course, the person gives you voluntary consent.
If you are having a consensual encounter with a suspect, and you see contraband in plain view:
You may seize the contraband and you may arrest the person.
Patting a person down constitutes a detention?
For an investigate stop or detention to be valid, you must have "reasonable suspicion" that, what?
Criminal activity may be afoot, and the personyou are about to detain is connected withthat possible criminal activity.
Race is not a factor which you may consider in calculating reasonable suspicion.
True, considered racial profiling
If you approach a person, and they run from you, and you give chase is that a detension?
Your act of chasing the person does not constitute a detention unless you catch them.
Officer safety, as a justification for certain police action is?
Does exist in many areas of the law, allows a limited search for weapons, and allows a patdown search.
You can properly base a detention on information you receive from who?
A victim, a fellow police officer, a Police dispatcher, a witness and some other.
Suspects have the right to refuse or resist a lawful detention if they feel they are being stopped illegally.
If the stop or arrest starts in a public place, and the suspect runs inside a building can you give pursuit?
You may enter the building under the "Hot Pursuit" doctrine.
A suspect being detained, legally has to what?
Only has to identify himself if you are citing him for a vehcile code violation.
Indications of "Custody" include?
Using force to stop someone, Using handcuffs to restrain someone, or using any other physical restraints.
During a detention, you may move a suspect?
For a short distance for you protection. To identify the suspect if the victim cannot be moved.
A detention may last?
May only last no longer than is necessary to resolve the circumstances that is justified its initiation.
During a detainment, Miranda warnings are never necessary unless you have both?
Custody and interrogation
During a detention, you have no power to conduct a general, full, exploratory search of the suspect.
If you see contraband or a weapon in plain view, you may seize it because
Because seeing it in plain view is not consider a search.
If you come across a closed container, on a person you are detaining, you may seize the container and open it.
Anytime it is reasonable to think it could contain a weapon.
During an arrest, a suspect can?
Resist the use of excessive force.