Warrantless searches of vehicles
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, If officers honestly believe they have enough information to obtain a
search warrant, it is legal for them to go ahead and search the vehicle
Necessary conditions:
• Vehicle must be lawfully stopped, or otherwise lawfully accessible
• Officers must have enough facts, knowledge, training or experience to
provide probable cause that the item they are seeking will be found inside
Scope:
Any part of the vehicle or anything inside the vehicle as long as what is
being searched for is reasonably located there.
• Passenger compartment
• Glove compartment
• Hood
• Trunk
• Any closed personal container (including locked)
Nexus Rule
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Officers may seize items not listed in the warrant when:
• The items are discovered while the officers are conducting a lawful search
for the listed evidence, and
• They have probable cause to believe the item is contraband, evidence of
criminal behavior, or would otherwise aid in the apprehension or conviction
of the criminal
PC 836.6(a)
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, Attempting to escape, or escaping from the custody of a peace officer
after being remanded by a magistrate or judge
FELONY
3 crime categories
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Felonies, Misdemeanors, and Infractions
PC 817
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Allows officer to obtain an arrest warrant prior to any criminal charges
being filed
Plain View seizures from vehicles
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Requirements:
• Have probable cause to believe item is crime-related
• Lawfully be in a location to observe the item
• Have lawful access to the item
, PC 840
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Warrantless arrests may take place at any time for a felony
Stable Evidence
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Evidence that will not change over time
Example:
Blood samples for routine test like DNA
PC 4530(c)
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Failure of a prisoner to return from temporary release such as work or
education release, at the specified time
FELONY
Preventing swallowing of evidence
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Give this one a try later!
, If officers honestly believe they have enough information to obtain a
search warrant, it is legal for them to go ahead and search the vehicle
Necessary conditions:
• Vehicle must be lawfully stopped, or otherwise lawfully accessible
• Officers must have enough facts, knowledge, training or experience to
provide probable cause that the item they are seeking will be found inside
Scope:
Any part of the vehicle or anything inside the vehicle as long as what is
being searched for is reasonably located there.
• Passenger compartment
• Glove compartment
• Hood
• Trunk
• Any closed personal container (including locked)
Nexus Rule
Give this one a try later!
Officers may seize items not listed in the warrant when:
• The items are discovered while the officers are conducting a lawful search
for the listed evidence, and
• They have probable cause to believe the item is contraband, evidence of
criminal behavior, or would otherwise aid in the apprehension or conviction
of the criminal
PC 836.6(a)
Give this one a try later!
, Attempting to escape, or escaping from the custody of a peace officer
after being remanded by a magistrate or judge
FELONY
3 crime categories
Give this one a try later!
Felonies, Misdemeanors, and Infractions
PC 817
Give this one a try later!
Allows officer to obtain an arrest warrant prior to any criminal charges
being filed
Plain View seizures from vehicles
Give this one a try later!
Requirements:
• Have probable cause to believe item is crime-related
• Lawfully be in a location to observe the item
• Have lawful access to the item
, PC 840
Give this one a try later!
Warrantless arrests may take place at any time for a felony
Stable Evidence
Give this one a try later!
Evidence that will not change over time
Example:
Blood samples for routine test like DNA
PC 4530(c)
Give this one a try later!
Failure of a prisoner to return from temporary release such as work or
education release, at the specified time
FELONY
Preventing swallowing of evidence
Give this one a try later!
