RBC Test 1 LD 16 Questions With Complete Solutions, Graded A+

Subjective Expectation of Privacy - Individuals have indicated that they personally expect privacy in the object or area. (Ex. Constructing a fence, closing window shades, etc) Objective Expectation of Privacy - Their expectation is one which society is prepared to recognize as legitimate. Standing - in a search or seizure only exists if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized. It is generally established by ownership, lawful possession, authority, and/or control of the area searched or property seized. Probable Cause to Search - means having enough facts or information to provide fair probability (a substantial chance) that the object sought is located in the place to be searched. A crime has occurred Evidence to the crime exists Evidence is believed to be at the location they wish to search. Exclusionary Rule - If a search or seizure is found unreasonable (a violation of one's 4th Amendment right), all items seized during the search could be ruled inadmissible at trial. "Fruit of the poisonous tree" Warrant Searches - Probable cause is always required. Fair probability that the object(s) they seek will be found at the place they are asking to search and it's evidence to a criminal act or is contraband. 1524 PC details the statutory grounds for the issuance of a search warrant. Probable cause can be based on the collective knowledge of all involved officers. Reasonable Interference - drawing conclusions from fact. Direct Evidence - proves a fact directly. Circumstantial Evidence - proves a fact indirectly from which deductions must be drawn by the jury.Securing an Area - Under limited circumstances, peace officers may secure a residence while in the process of obtaining a search warrant. This requires... Probable cause Exigent circumstances Reasonable belief that based on the totality of circumstances that evidence will likely be destroyed or removed before the warrant is obtained. 3 Limits on the Execution of Search Warrants - The warrant must be served within 10 days of issuance. The clock starts the day following issuance and runs until midnight on day 10. Return of warrant must be within 10 days Weekends and holidays are considered and a late return does not usually invalidate the warrant. Warrants may only be served between the hours of . With the exception and approval of nighttime service. A search only has to begin by 2200. The only length of search stipulation is that it is a reasonable amount of time to conduct the search as prescribed in the warrant. Nexus Rule - Officers may seize items not listed in the warrant when Items are discovered while conducting a lawful search And they have probable cause to believe the discovered item is contraband, evidence of criminal behavior, or would aid in the apprehension or conviction of the criminal. Plain Search Seizures - Peace offices do not have to blind themselves from to what is in plain view. There are no 4th amendment protections to items in plain view as there is no reasonable expectation of privacy and therefore no search. Plain View Seizure Requirements - Probable cause the item is contraband or evidence of a crime. The officer has a lawful right to be in the location they viewed the item from The officer has lawful access to the item. Includes use of all senses and sensory enhancers. Surveillance is not considered a search for this reason. Warantless Search - Through case law, the courts have identified certain scenarios where warrantless searches are legal. Plain view seizure is applicable in all these scenarios. However, officers are limited to seizing only the