MPOETC EXAM #5 SEARCH AND SEIZURE QUESTIONS AND
DETAILED ANSWERS|ALREADY GRADED A
Police Power to Search and Seize comes from: Correct Ans- 1.) U.S.
Constitution the 4th Amendment
2.) Pennsylvania Constitution: Article 1 Section 8
3.) "Case Law", U.S. and PA Court Decisions
4.) "Statutory Law"-PA rules of Criminal Procedure
General Rule: Correct Ans- ALWAYS GET A SEARCH WARRANT
Probable Cause Correct Ans- Facts+Circumstances that would lead a
reasonable person to believe that a crime is committed
Existence of probable cause must be determined by viewing the totality
of the circumstances presented in a non-techincal commonsense fashion.
Courts must view the facts from the standpoint of an objectively
reasonable police officer.
*Best practice-define all Jargon or technical terms within the search
warrant and affidavit*
Exceptions to search warrant
5 Legal Concepts Correct Ans- 1.) EXIGENT CIRCUMSTANCES-the
need for an officer to quickly react to emergency circumstances
involving imminent danger to officers or others
,2.) The need for an officer to quickly react to emergency circumstances
involving imminent destruction or movement of evidence or contraband.
(Destroying evidence constitutes grounds for a search)
3.) The need to catalog and protect citizens' property in Police Custody
(Inventory from vehicle)
4.) The right of a citizen to voluntarily consent to a Police Search (you
can waive your own rights)
5.) The reduced reasonable expectation of privacy in areas not protected
by the 4th Amendment. (Can search Garbage or other abandoned
property)
Warrantless searches of constitutionally protected property must fall
within one of these exceptions to be legal (may fall into one or more
category)
Privacy Clause Correct Ans- -states that people have the right to be
secure (feel safe) in their persons (arrest), houses (home), papers, and
effects from unreasonable searches and seizures.
*Nothing in the 4th Amendment prohibits searches, it only prohibits
UNREASONABLE searches*
Warrant Clause Correct Ans- Warrants must be:
-Based on Probable Cause
-Supported by Oath or Affirmation
-Describe place to be searched, and
-Describe person or item(s) to be seized
, -Probable Cause is the minimum legal proof necessary to justify the
seizure of a person
search incident to a lawful arrest Correct Ans- A valid custodial arrest
authorizes a complete search of the arrested person and the area within
his IMMEDIATE CONTROL
Immediate Control (Wingspan Search) Correct Ans- On his person, what
he carries and where he may logically reach for a weapon.
Search is authorized to ensure:
Officer safety, suspect safety and evidence that is not discarded or
destroyed. (Chimel v. California)
The trunk of a car is NOT in persons Immediate control.
Arrests: Correct Ans- Must be lawful and based on Probable Cause.
Arrests cannot be a PRETEXT TO SEARCH
Additional probable cause to search incident to arrest is NOT required
An officer may use minimum force necessary to execute a search
If person just DETAINED, NOT under arrest, then you CANNOT
search them.
May seize 5 categories of items in a search incident Correct Ans- 1.)
Fruits of a crime (Money of crime/stolen wallet)
2.) Instruments of a Crime (Vacuum Sealed Bags)
DETAILED ANSWERS|ALREADY GRADED A
Police Power to Search and Seize comes from: Correct Ans- 1.) U.S.
Constitution the 4th Amendment
2.) Pennsylvania Constitution: Article 1 Section 8
3.) "Case Law", U.S. and PA Court Decisions
4.) "Statutory Law"-PA rules of Criminal Procedure
General Rule: Correct Ans- ALWAYS GET A SEARCH WARRANT
Probable Cause Correct Ans- Facts+Circumstances that would lead a
reasonable person to believe that a crime is committed
Existence of probable cause must be determined by viewing the totality
of the circumstances presented in a non-techincal commonsense fashion.
Courts must view the facts from the standpoint of an objectively
reasonable police officer.
*Best practice-define all Jargon or technical terms within the search
warrant and affidavit*
Exceptions to search warrant
5 Legal Concepts Correct Ans- 1.) EXIGENT CIRCUMSTANCES-the
need for an officer to quickly react to emergency circumstances
involving imminent danger to officers or others
,2.) The need for an officer to quickly react to emergency circumstances
involving imminent destruction or movement of evidence or contraband.
(Destroying evidence constitutes grounds for a search)
3.) The need to catalog and protect citizens' property in Police Custody
(Inventory from vehicle)
4.) The right of a citizen to voluntarily consent to a Police Search (you
can waive your own rights)
5.) The reduced reasonable expectation of privacy in areas not protected
by the 4th Amendment. (Can search Garbage or other abandoned
property)
Warrantless searches of constitutionally protected property must fall
within one of these exceptions to be legal (may fall into one or more
category)
Privacy Clause Correct Ans- -states that people have the right to be
secure (feel safe) in their persons (arrest), houses (home), papers, and
effects from unreasonable searches and seizures.
*Nothing in the 4th Amendment prohibits searches, it only prohibits
UNREASONABLE searches*
Warrant Clause Correct Ans- Warrants must be:
-Based on Probable Cause
-Supported by Oath or Affirmation
-Describe place to be searched, and
-Describe person or item(s) to be seized
, -Probable Cause is the minimum legal proof necessary to justify the
seizure of a person
search incident to a lawful arrest Correct Ans- A valid custodial arrest
authorizes a complete search of the arrested person and the area within
his IMMEDIATE CONTROL
Immediate Control (Wingspan Search) Correct Ans- On his person, what
he carries and where he may logically reach for a weapon.
Search is authorized to ensure:
Officer safety, suspect safety and evidence that is not discarded or
destroyed. (Chimel v. California)
The trunk of a car is NOT in persons Immediate control.
Arrests: Correct Ans- Must be lawful and based on Probable Cause.
Arrests cannot be a PRETEXT TO SEARCH
Additional probable cause to search incident to arrest is NOT required
An officer may use minimum force necessary to execute a search
If person just DETAINED, NOT under arrest, then you CANNOT
search them.
May seize 5 categories of items in a search incident Correct Ans- 1.)
Fruits of a crime (Money of crime/stolen wallet)
2.) Instruments of a Crime (Vacuum Sealed Bags)
