TMAS 2 QUESTIONS AND ANSWERS
Objective Reasonableness - Answer -Whether society is prepared to recognize an
individual's expectation of privacy as reasonable
Probable cause to search - Answer -Crime was committed or will be committed,
evidence exist, and located in the place to be searched.
Custodial lineup - Answer -Identification procedure in which the victim or witness to a
crime is asked to look at a number of individuals within a custodial environment in an
attempt to identify the suspect.
Custodial lineup timing - Answer -May take place any time after a crime has been
committed.
Scope of Search Incident to Arrest - Answer -A search incident to a custodial arrest
may include:a full search of the arrestee's personcontainers on the arrestee's personthe
nearby physical area that was under the immediate control of the arrestee (sometimes
referred to as "within arm's reach")
Fourth Amendment Protection - Answer -Officers must have probable cause and a
warrent signed by a judge. Once a warrent is recived, officers can only search in the
specified locations described in the warrent.
Reasonable expectation of privacy - Answer -can exist almost anytime and anyplaceas
long as:
-individuals have indicated that they personally (subjectively) expect privacy in the
object or area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy - Answer -is a person's state of mind demonstrated by
affirmative action designed to protect their privacy (e.g., building a fence, closing
window shades, locking a compartment, etc.).
Curtilage - Answer -Relatively small and usually well-defined area immediately around
a residence to which the private activities of the home extend, and in which the owner
has an expectation of privacy
Open fields - Answer -Outdoor real property, outside the curtilage of the residence
Over flights - Answer -The flight of a plane or helicopter over a given area
, Standing - Answer -Exists only if a subject has a reasonable expectation of privacy in
the place or thing that is searched or seized. Generally established by:OwnershipLawful
possession AuthorityControl of the area searched or the property seized
The exclusionary rule - Answer -If a court finds a search or seizure is not reasonable
and a persons fourth amendment rights have been violated by the government all items
seized during the search could be ruled inadmissible or excluded as evidence at trial.
*fruit of the poisonous tree
Probable cause to arrest - Answer -Honest and strong belief that a crime was
committed and the person arrested committed that crime.
Nexus Rule - Answer -Officers may seize items not listed in the warrant when:the items
are discovered while the officers are conducting a lawful search for the listed evidence,
andthey have probable cause to believe the item is contraband, evidence of criminal
behavior, or would otherwise aid in the apprehension or conviction of the criminal.
*reasonable connection or link between two or more items.
Probable cause exception - Answer -Warrantless vehicle search based on probable
cause that the vehicle contains contraband or evidence of a crime. Also referred as the
automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: - Answer --
the vehicle must have been lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide
probable cause that the item they are seeking will be found inside the vehicle
Scope of Search of a vehicle - Answer -Officers may search any part of a motor vehicle
or anything inside the vehicle as long as what they are searching for might reasonably
be located there. This includes but not limited to: the passenger compartments The
glove compartment The hoodThe trunkAny closed personal containers (including
locked)
Vehicles code section 415 - Answer -Self propelled. Ex:
automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes - Answer -Considered motor vehicle when it is being used on a highway
or if it is capable of such use and is located in a place not regularly used for residential
purposes.
Time of search for vehicles - Answer -Does not have to happen contemporaneously
with the vehicle stop. Could occur later if the vehicle is being towed or impounded.
Closed Containers - Answer -Officers need probable cause to open and search any
closed, personal containers within the vehicle which might reasonably contain the item
(including locked)
Objective Reasonableness - Answer -Whether society is prepared to recognize an
individual's expectation of privacy as reasonable
Probable cause to search - Answer -Crime was committed or will be committed,
evidence exist, and located in the place to be searched.
Custodial lineup - Answer -Identification procedure in which the victim or witness to a
crime is asked to look at a number of individuals within a custodial environment in an
attempt to identify the suspect.
Custodial lineup timing - Answer -May take place any time after a crime has been
committed.
Scope of Search Incident to Arrest - Answer -A search incident to a custodial arrest
may include:a full search of the arrestee's personcontainers on the arrestee's personthe
nearby physical area that was under the immediate control of the arrestee (sometimes
referred to as "within arm's reach")
Fourth Amendment Protection - Answer -Officers must have probable cause and a
warrent signed by a judge. Once a warrent is recived, officers can only search in the
specified locations described in the warrent.
Reasonable expectation of privacy - Answer -can exist almost anytime and anyplaceas
long as:
-individuals have indicated that they personally (subjectively) expect privacy in the
object or area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy - Answer -is a person's state of mind demonstrated by
affirmative action designed to protect their privacy (e.g., building a fence, closing
window shades, locking a compartment, etc.).
Curtilage - Answer -Relatively small and usually well-defined area immediately around
a residence to which the private activities of the home extend, and in which the owner
has an expectation of privacy
Open fields - Answer -Outdoor real property, outside the curtilage of the residence
Over flights - Answer -The flight of a plane or helicopter over a given area
, Standing - Answer -Exists only if a subject has a reasonable expectation of privacy in
the place or thing that is searched or seized. Generally established by:OwnershipLawful
possession AuthorityControl of the area searched or the property seized
The exclusionary rule - Answer -If a court finds a search or seizure is not reasonable
and a persons fourth amendment rights have been violated by the government all items
seized during the search could be ruled inadmissible or excluded as evidence at trial.
*fruit of the poisonous tree
Probable cause to arrest - Answer -Honest and strong belief that a crime was
committed and the person arrested committed that crime.
Nexus Rule - Answer -Officers may seize items not listed in the warrant when:the items
are discovered while the officers are conducting a lawful search for the listed evidence,
andthey have probable cause to believe the item is contraband, evidence of criminal
behavior, or would otherwise aid in the apprehension or conviction of the criminal.
*reasonable connection or link between two or more items.
Probable cause exception - Answer -Warrantless vehicle search based on probable
cause that the vehicle contains contraband or evidence of a crime. Also referred as the
automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception: - Answer --
the vehicle must have been lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide
probable cause that the item they are seeking will be found inside the vehicle
Scope of Search of a vehicle - Answer -Officers may search any part of a motor vehicle
or anything inside the vehicle as long as what they are searching for might reasonably
be located there. This includes but not limited to: the passenger compartments The
glove compartment The hoodThe trunkAny closed personal containers (including
locked)
Vehicles code section 415 - Answer -Self propelled. Ex:
automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes - Answer -Considered motor vehicle when it is being used on a highway
or if it is capable of such use and is located in a place not regularly used for residential
purposes.
Time of search for vehicles - Answer -Does not have to happen contemporaneously
with the vehicle stop. Could occur later if the vehicle is being towed or impounded.
Closed Containers - Answer -Officers need probable cause to open and search any
closed, personal containers within the vehicle which might reasonably contain the item
(including locked)
