ANSWERS GUARANTEE A+
✔✔Abandonment - ✔✔voluntary relinquishment of control over property, it is NOT
protected by the fourth amendment.
✔✔You need a search warrant for trash - ✔✔...
✔✔You do not need a search warrant when there is an - ✔✔exigent circumstance
protective sweep
hot or fresh pursuit
fleeting evidence
✔✔exigent circumstance - ✔✔an officers belief that there is an urgent need for
immediate action.
✔✔Protective sweeps - ✔✔officers may conduct a limited "protective sweep" for
individuals when the individual poses a danger to the officers on scene to make an
arrest.
✔✔hot or fresh pursuit - ✔✔the pursuit of a person for a serious offense into an area
which may hold an expectation of privacy when it is necessary to protect the police or
public from harm
✔✔fleeting evidence - ✔✔may enter an area without a warrant if the officer has reason
to believe evidence of a crime may be destroyed or disappear unless entry is made to
preserve the evidence.
✔✔community caretaking - ✔✔only deals with analogous situations involving motor
vehicles. Ex DUI tip. Officers may carry out community care taking function in order to
protect public safety.
✔✔emergency exception - ✔✔allows a warrantless entry if it is necessary to provide
immediate assistance to protect people or property.
911 hang up alone does not count
✔✔inventory search - ✔✔is an administrative search based on department
policy...inventory search is not a search for evidence. If evidence is recovered during
the inventory search, it is the states burden to prove that the department has an
inventory procedure in place and that inventory searches are truly routine practice.
✔✔NTO requirements (3) - ✔✔Probable cause: believe offense has occurred and crime
must be punishable by MORE than one year
, Reasonable Grounds to suspect the person committed the offense
Materia,l Aid: the results of the procedure in the non testimonial order will be of material
aid in determining whether the person named committed the offense.
Examples of evidence that may be sought under VRCrP41.1 are:
Fingerprints, plam prints, buccal swab
VERMONT supreme court says we must establish probable cause
✔✔Service of NTOs on juveniles - ✔✔Delinquent child required a GUARDIAN AD
LITEM prior to execution
✔✔Requirements for Miranda - ✔✔Both Custody and Interrogation must be present
before Miranda applies
✔✔Miranda V Arizona - ✔✔...
✔✔Fugitive from Justice three criteria - ✔✔1. positively ID suspect
2. State who issued warrant must be willing to extradite
3. crime must be punishable by death or imprisonment for a term exceeding one year
✔✔Detaining witness three elements (state v Pierce) - ✔✔1) The person stopped was
near a place where a crime involving forcible injury to a
person or appropriation of /danger to property has just been committed
2) The officer has reasonable cause to believe the "witness" has knowledge of
"material aid" in investigation of such crime
3) The stop of the witness is either necessary to:
a) Identify the person who committed the crime
b) Obtain an account of the crime.
✔✔The driver of a police vehicle will never... - ✔✔drive past a school bus displaying its
flashing red lights.
(23 VSA 1015(d)).
✔✔Supervisor's Responsibilities for pursuits - ✔✔The patrol supervisor should monitor
the pursuit and
respond if necessary. The supervisor may end the
pursuit at any time that he or she feels circumstances
warrant.