NYPD 2ND TRIMESTER SOURCE
COLLECTION & ASSESSMENT PACKET
SCORE BOOST 2026.
⫸ Automobile Exception. Ans: Cars are granted limited protection
under the 4th amendment.
A warrantless search is permitted as long as there is probable cause
that evidence or contraband is contained in a vehicle AND exigent
circumstances exist (ex: obtaining a warrant is not possible or
practical because of the mobility of the vehicle to be searched)
If a police officer has probable cause that a vehicle contains evidence
or contraband (regardless of whether moving or parked), the officer
may, without a warrant, search any part of the vehicle, locked or not,
and any containers within the vehicle as long as such containers are
large enough to hold the evidence for which the officer is searching.
⫸ Search by Consent. Ans: The one who has a right to possession
(expectation of privacy) is the one who is protected; therefore, he is
the one who must give consent.
Tenant- the tenant can give consent to search an apartment NOT the
apartment owner, the apartment owner gave up possession of it once
they decided to rent it
,Husband and Wife/Joint Tenants/Common Occupants /Partners-
Where two or more persons possess the premise, one may give
consent to a search that would be effective against all the occupants.
If two persons share an apartment or a hotel room, and one is a
suspect, a police officer may get valid consent from the roommate to
search the room for evidence as long as the search is limited to areas
mutually possessed.
Parent and Child- Parents may consent to search the home in which
they permit their child to live, except if the child is a legally
emancipated minor
Host and a guest- a guest cannot consent to a search of a premise
without authorization but may say no to a search if the host isn't
present
Custody- If an owner gives another person full control of his property,
that person can consent to a search of the property in the same way
the owner could.
Hotel Room- The police cannot use the consent from the management
of the hotel to search a guest's room. However, if hotel employees in
the normal course of their duties it will be admissible.
⫸ Search based on Consent. Ans: search of a person or property
conducted after a person voluntarily permits police to do so
Must be done under no duress with no coercion
,⫸ Emergency Exception. Ans: Where an emergency exists and
immediate police action is needed to protect lives or property, police
can search without a warrant.
1. Must be PC that an emergency exists
2. Search confined to the area that the emergency is believed to exist
3. Purpose of the search is not cure the emergency not find evidence
⫸ Stop, Question, and Frisk. Ans: A frisk is a protective measure. In
order to conduct a frisk, a police officer must reasonably suspect that
the person stopped is armed and dangerous. (Terry v. Ohio). The frisk
must be strictly limited to a running of the hands or pat-down of the
outside of a person's clothing, feeling for weapons that could harm the
police officer or others nearby.
⫸ Hot Pursuit. Ans: Where the police have established probable
cause and are chasing a suspect for the purpose of making an arrest.
When these conditions exist, the police may follow the suspect into
any constitutionally protected area, i.e., the suspect's home or a third
party's residence. This is usually based upon an officer's direct
observation of the suspect's flight. An exception may occur when an
officer momentarily loses sight of the suspect and is informed by a
third party of the suspect's location.
⫸ Inventory Procedure. Ans: It is an administrative procedure aimed
at protecting the prisoner's property from loss or damage while in
police custody, while also ensuring the City and the officer will be
free from any civil claim. To that end, it is reasonable and proper that
an officer inspect all items that come into the officer's custody.
, Since the reason for such inspection is not to obtain evidence of a
crime, it is not considered a search within the definition of the Fourth
Amendment, and is governed by different standards. This procedure
must be used solely as a measure to safeguard property and not as a
means to search for evidence. However, if while conducting an
inventory of personal property, the officer finds contraband or
incriminating material, he may seize it and commence criminal
charges against the owner.
⫸ Cell Phone Search. Ans: -Cannot be searched under SILA
- Need a warrant to search
⫸ Garbage Search. Ans: police can go through trash and seize
anything illegal as long as the garbage is left outside of private
property and been legally abandoned
⫸ Arrest Warrant Requirements. Ans: -Date of issuance
-Name of issuing court
-Name of offense concerned
-Name of defendant or any name or description by which he can be
identified
-Police officer(s) to whom addressed
-Judge's endorsement.
⫸ Execution of Warrant. Ans: A search warrant must be executed
between 6:00 A.M. and 9:00 P.M., unless otherwise authorized by the
COLLECTION & ASSESSMENT PACKET
SCORE BOOST 2026.
⫸ Automobile Exception. Ans: Cars are granted limited protection
under the 4th amendment.
A warrantless search is permitted as long as there is probable cause
that evidence or contraband is contained in a vehicle AND exigent
circumstances exist (ex: obtaining a warrant is not possible or
practical because of the mobility of the vehicle to be searched)
If a police officer has probable cause that a vehicle contains evidence
or contraband (regardless of whether moving or parked), the officer
may, without a warrant, search any part of the vehicle, locked or not,
and any containers within the vehicle as long as such containers are
large enough to hold the evidence for which the officer is searching.
⫸ Search by Consent. Ans: The one who has a right to possession
(expectation of privacy) is the one who is protected; therefore, he is
the one who must give consent.
Tenant- the tenant can give consent to search an apartment NOT the
apartment owner, the apartment owner gave up possession of it once
they decided to rent it
,Husband and Wife/Joint Tenants/Common Occupants /Partners-
Where two or more persons possess the premise, one may give
consent to a search that would be effective against all the occupants.
If two persons share an apartment or a hotel room, and one is a
suspect, a police officer may get valid consent from the roommate to
search the room for evidence as long as the search is limited to areas
mutually possessed.
Parent and Child- Parents may consent to search the home in which
they permit their child to live, except if the child is a legally
emancipated minor
Host and a guest- a guest cannot consent to a search of a premise
without authorization but may say no to a search if the host isn't
present
Custody- If an owner gives another person full control of his property,
that person can consent to a search of the property in the same way
the owner could.
Hotel Room- The police cannot use the consent from the management
of the hotel to search a guest's room. However, if hotel employees in
the normal course of their duties it will be admissible.
⫸ Search based on Consent. Ans: search of a person or property
conducted after a person voluntarily permits police to do so
Must be done under no duress with no coercion
,⫸ Emergency Exception. Ans: Where an emergency exists and
immediate police action is needed to protect lives or property, police
can search without a warrant.
1. Must be PC that an emergency exists
2. Search confined to the area that the emergency is believed to exist
3. Purpose of the search is not cure the emergency not find evidence
⫸ Stop, Question, and Frisk. Ans: A frisk is a protective measure. In
order to conduct a frisk, a police officer must reasonably suspect that
the person stopped is armed and dangerous. (Terry v. Ohio). The frisk
must be strictly limited to a running of the hands or pat-down of the
outside of a person's clothing, feeling for weapons that could harm the
police officer or others nearby.
⫸ Hot Pursuit. Ans: Where the police have established probable
cause and are chasing a suspect for the purpose of making an arrest.
When these conditions exist, the police may follow the suspect into
any constitutionally protected area, i.e., the suspect's home or a third
party's residence. This is usually based upon an officer's direct
observation of the suspect's flight. An exception may occur when an
officer momentarily loses sight of the suspect and is informed by a
third party of the suspect's location.
⫸ Inventory Procedure. Ans: It is an administrative procedure aimed
at protecting the prisoner's property from loss or damage while in
police custody, while also ensuring the City and the officer will be
free from any civil claim. To that end, it is reasonable and proper that
an officer inspect all items that come into the officer's custody.
, Since the reason for such inspection is not to obtain evidence of a
crime, it is not considered a search within the definition of the Fourth
Amendment, and is governed by different standards. This procedure
must be used solely as a measure to safeguard property and not as a
means to search for evidence. However, if while conducting an
inventory of personal property, the officer finds contraband or
incriminating material, he may seize it and commence criminal
charges against the owner.
⫸ Cell Phone Search. Ans: -Cannot be searched under SILA
- Need a warrant to search
⫸ Garbage Search. Ans: police can go through trash and seize
anything illegal as long as the garbage is left outside of private
property and been legally abandoned
⫸ Arrest Warrant Requirements. Ans: -Date of issuance
-Name of issuing court
-Name of offense concerned
-Name of defendant or any name or description by which he can be
identified
-Police officer(s) to whom addressed
-Judge's endorsement.
⫸ Execution of Warrant. Ans: A search warrant must be executed
between 6:00 A.M. and 9:00 P.M., unless otherwise authorized by the
