2024
What level of proof needed for a traffic stop - ANSW//reasonable suspicion
Can you detain based off of mere suspicion - ANSW//No
Info passed on by CI needs info to be predictive and have - ANSW//valid reasonable suspicion
Do courts look at two prong test to establish reasonable suspicion? - ANSW//Yes, but not as
stringently
At what point is suspect "seized"? - ANSW//As soon as police display authority (blue lights)
A person is not "seized" until - ANSW//physically restrained or voluntarily complies
If we aren't enforcing the law, we are under a - ANSW//care taking function
How is caretaker function legal? - ANSW//1. RS that person is need of assistance
2. Consensual Encounter
For what reasons can you search a vehicle w/o a warrant? - ANSW//Consent, Incident to arrest,
frisk, plainview, inventory, exigent circumstances
Consent must be... - ANSW//freely, voluntarily, and knowingly given
Person giving consent must have what? - ANSW//Standing with that vehicle (exp driver)
, If there is conflicting consent from two standing parties to search a vehicle, can you still search?
- ANSW//Yes, but anything that is found in the vehicle can only be charged to person who gave
consent
How many people are needed to give consent? - ANSW//one
When can consent be withdrawn or limited? - ANSW//anytime
search incident to arrest requires - ANSW//lawful custodial arrest
Is a search incident to arrest limited? - ANSW//no
During search of vehicle with incident to arrest, once suspect is secure; can you search
passenger compartment? - ANSW//No, unless there is reason to believe that evidence of the crime
for which the arrest was made will be found.
Frisk of car consists of... - ANSW//Visual sweep of passenger compartment and only areas that may
conceal a weapon
For plainview of a vehicle, the illegal object must be - ANSW//immediately obvious
Inventory can only be done if vehicle is being what? - ANSW//towed
Why does the Carroll Doctrine allow us to search a vehicle without a warrant? - ANSW//Its due to
the exigency of the inherent mobility of a motor vehicle.
If it has been days since a vehicle was towed and seized due to a crime, can it still be searched
without a warrant? - ANSW//Yes, as long as there was a solid and secure chain of custody