Seizure EXAM QUESTIONS OBJECTIVE
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Warrants-Presentation to Judicial Official - ANSWER ✓ The judicial Official
must make an independent judgement that there is probable cause. The search
warrant must advise the judicial official of facts sufficient to establish probable
cause to believe the items sought will be located in the place to be searched, not
merely an officers conclusions.
Search Warrants-Execution - ANSWER ✓ G.S. 15A-247
States that a search warrant must be executed within 48 hours or it is void.
Search Warrants-Execution-Entering Premises - ANSWER ✓ Must give
appropiate notice of his identity and purpose to the person to be searched, or the
person in apparent control of the premises to be searched.
Search Warrants-Service - ANSWER ✓ Officers may secure the premises and
occupants after making entry. If no-one is present at the address they do not have
to read the warrant aloud to an empty house however they must leave a copy
affixed to the premises or vehicle to be searched.
Search Warrants-Scope of the Search - ANSWER ✓ Officers may search
anywhere on the premises, including outbuildings and containers in which the
items may be contained.
Search Warrants-Public Places - ANSWER ✓ Officers may only detain and frisk
people named in the warrant.
, Search Warrants-Private Places - ANSWER ✓ Officers may detain anyone on the
premises. They may only search people not named on the warrant if they have
already searched the entire premises and not found the items and the items could
reasonably be concealed on the unnamed individuals.
Search Warrants-Return of the executed warrants - ANSWER ✓ Once executed
the officer must without unnecessary delay return the warrant to the clerk of
issuing court along with an inventory of items seized.
Search Warrants-Disposition of seized party - ANSWER ✓ Property seized
pursuant to search warrant must be held in custody of the officer who applied
for/executed the warrant. The officer may use his departments facility to store the
evidence. The officer may deliver the property to another law enforcement agency
for the purpose of testing or analyzing the property.
Search Warrants-Obscenity - ANSWER ✓ Only upon request of a district
attorney or assistant district attorney can an officer apply for a search warrant to
search for and seize obscene materials.
Exigent Circumstances - ANSWER ✓ Are those that create a reasonably
objective belief that absent immediate action,officers could be endangered or there
is an imminent risk that evidence could be removed or destroyed.
Exigent Circumstances NOTE* - ANSWER ✓ -ONCE THE INITIAL SWEEP
FOR PERPETRATORS AND VICTIMS IS COMPLETE, AND ANY
IMMINENT RISK TO EVIDENCE CONTROLLED, ABSENT VALID
CONSENT OR TRULY EXIGENT CIRCUMSTANCES,AN OFFICER SHOULD
OBTAIN A SEARCH WARRANT BEFORE SEARCHING FURTHER.
Anticipatory Search Warrant - ANSWER ✓ An anticipatory search warrant this is
issued prior to all of the facts and events taking place that create the probable cause
to search.
Anticipatory Search Warrants-Conditions - ANSWER ✓ Must set out explicit,
clear, and narrowly drawn triggering events that must occur before execution of the
warrant may take place.
These triggering events, from which probable cause arises, must be A.
Ascertainable B. Preordained
A search may not occur until and unless the event occurs
,The warrant should state on its face "Anticipatory Search Warrant"
A search warrant may be issued for the search and seizure of electronic devices. T
or F - ANSWER ✓ True
Law Enforcement can access a individuals financial records by five methods... -
ANSWER ✓ 1. Customer authorization
2. Search warrant
3. Pending litigation
4. State grand jury subpoena or court order
5. Other court order or subpoena
Search Warrant for Body Cavity authorize a _________________________ to
search a body cavity for concealed drugs. - ANSWER ✓ Health Care Professional
Administrative Inspections - ANSWER ✓ During an administrative inspection
the role of the Law enforcement officer is to stand by and keep the peace. Resisting
officers is a misdemeanor
Administrative Inspections Evidence - ANSWER ✓ Evidence of a crime obtained
during administrative inspection is inadmissable in court
Fire Scenes - ANSWER ✓ While fire suppression activities are continuing and
government officials retain control of the fire scene on private
premises,warrantless inspection of the fire scene to determine cause and origin is
permitted.
G.S. 15A-401 - ANSWER ✓ making a warrantless arrest
G.S. 15A-404 - ANSWER ✓ a citizen detention (need probable cause)
G.S. 15A-405 - ANSWER ✓ assistance to enforcement officers by private
persons to effect arrest or prevent escape
What are the 3 sources of law? - ANSWER ✓ Constitutional, Statutory, and
Common
, Constitutional law is the ____________________ of the land. - ANSWER ✓
Supreme Law
Written laws enacted by the legislative branches of the state or federal
governments are called what? - ANSWER ✓ Statutes
Written laws of local governments (cities and counties) are called what? -
ANSWER ✓ Ordinances
Also referred to as case law, these types of laws are non-written and may establish
rules and principles where the legislature has not enacted statutes - ANSWER ✓
Common Law
A type of law that declares, commands, or prohibits something. It also gives out
penalties. - ANSWER ✓ Statutory Law
What are the two types of law? - ANSWER ✓ Procedural and Substantive
How many articles are contained within the U.S. Constitution? - ANSWER ✓ 7
True or False? Every law at all levels of government must comply with the U.S.
Constitution. - ANSWER ✓ True
What is the most important article of the U.S. Constitution and why? - ANSWER
✓ 6th, contains the Supremacy Clause
What clause says that the Constitution, laws, and treaties of the United States are
the Supreme Law of the Land? - ANSWER ✓ Supremacy Clause
What are the four procedural safeguards for persons accused of crimes? -
ANSWER ✓ Habeas Corpus, Jury, Bills of Attainder, Ex Post Facto Laws
The first 10 Amendments of the Constitution are referred to as what? - ANSWER
✓ Bill of Rights
What rights are conferred by the First Amendment? - ANSWER ✓ Right to
freedom of religion, speech, press, assembly, and petition