Study Guide for Final RBC3 Exam
Questions and Answers
search incident to arrest - CORRECT ANSWER-warrantless search, able to search
person and any area in their wingspan for evidence and weapons
warrantless search of a vehicle - CORRECT ANSWER-Arizona V gant 2009, police may
search someones vehicle who is being arrested if they have reasonable belief the
suspect may access the vehicle at the time of the search, or believe the vehicle may
contain evidence of the offense that led to the arrest.
cell phone searches - CORRECT ANSWER-not covered under warrantless searches,
cannot access someones phone incident to arrest, requires a warrant. unless exigent
circumstances, such as officer safety and destruction of evidence.
third party consent to search - CORRECT ANSWER-third parties can give consent to
search if it is reasonably believed the individual has the authority to grant the consent
(babysitter giving consent to search the house example, reasonably believed she was
the home owner)
law shelf.com - CORRECT ANSWER-
6 warrantless searches - CORRECT ANSWER-1. consent
2. plain view
3. incident to arrest
4. automobile exception
5. stop and frisk
6. exigent circumstances
stop and frisk (warrantless search) - CORRECT ANSWER-may stop and pat search for
weapons if there is reasonable belief the individual has committed a criminal act or is
preparing to do so. (key is reasonable suspicion, that the circumstances around the
event justify suspicion) cannot go into pockets unless there is a reason to believe the
object in the pocket is a weapon or can immediately be identified as contraband (terry
search same as pat down search, terry V ohio)
automobile exception (warrantless search) - CORRECT ANSWER-do not need a
warrant to search a vehicle if, there is probable cause it contains evidence of a crime,
contraband or fruits of a crime inside. has some kind of connection to a criminal act.
(ruled impractical to obtain a warrant because it is so easily moved in the process of
seeking a warrant) must have probable cause however, not just reasonable suspicion,
(higher standard to meet, higher standard of proof). nervousness or speeding does not
, count. A witness tip or a statement from an occupant of the vehicle does count. sniffing
dogs ok.
exigent circumstances (warrantless search) - CORRECT ANSWER-if there is
reasonable belief there is an emergency taking place inside, police may enter
immediately without a warrant to remedy the situation and investigate. (example a
scream for help inside) once inside if weapons or drugs etc. are plain view, they main
be seized under plain view exception. or, if there is reasonable belief evidence
destruction or movement may take place before a warrant can be obtained (freeze the
scene?) ex. smell of marijuana inside, hear a toilet flush, may be pc of evidence
destruction therefore exigent circumstances exist
Consent search (warrantless search) - CORRECT ANSWER-90% of warrantless
searches. consent must be freely and voluntarily given, the theory i didn't know i could
say no isn't valid, cannot be coerced
plain view search (warrantless search) - CORRECT ANSWER-can search or seize
weapons, contraband or evidence of a crime if it is in plain view. there is no expectation
of privacy in plain view, therefore no 4th amendment violation has occurred. must be
seen from a place you can lawfully be.
Hot Persuit exception to warrantless search - CORRECT ANSWER-if a fleeing criminal
goes into a house, police may enter to effect an arrest without a warrant. while inside
any contraband in plain view may be seized.
misdemeanor arrestable offenses. in presence or not. - CORRECT ANSWER-can be
made if there is reason to believe an assault or battery has occurred if in fact it has or
has not happened.
647f public intoxication of drugs or alcohol
drug offenses - CORRECT ANSWER-most are infractions. misdemeanor include
over 18 with more than 28.5 grams
over 18 with marijuana on school grounds
planting marijuana mostly infraction unless
over 18 with more than 6 plants wobbler or misdemeanor
under 18 possession to sale- infraction
over 18 with possion to sale - misdemeanor
with priors or 21 or over- wobbler
transporting under 18 infraction
over 18- misdemeanor
Rohmberg test - CORRECT ANSWER-elapse of time test for drugs
juvenile - CORRECT ANSWER-mirandize anytime they are in custody period
temporary custody is the equivalent of an arrest
Questions and Answers
search incident to arrest - CORRECT ANSWER-warrantless search, able to search
person and any area in their wingspan for evidence and weapons
warrantless search of a vehicle - CORRECT ANSWER-Arizona V gant 2009, police may
search someones vehicle who is being arrested if they have reasonable belief the
suspect may access the vehicle at the time of the search, or believe the vehicle may
contain evidence of the offense that led to the arrest.
cell phone searches - CORRECT ANSWER-not covered under warrantless searches,
cannot access someones phone incident to arrest, requires a warrant. unless exigent
circumstances, such as officer safety and destruction of evidence.
third party consent to search - CORRECT ANSWER-third parties can give consent to
search if it is reasonably believed the individual has the authority to grant the consent
(babysitter giving consent to search the house example, reasonably believed she was
the home owner)
law shelf.com - CORRECT ANSWER-
6 warrantless searches - CORRECT ANSWER-1. consent
2. plain view
3. incident to arrest
4. automobile exception
5. stop and frisk
6. exigent circumstances
stop and frisk (warrantless search) - CORRECT ANSWER-may stop and pat search for
weapons if there is reasonable belief the individual has committed a criminal act or is
preparing to do so. (key is reasonable suspicion, that the circumstances around the
event justify suspicion) cannot go into pockets unless there is a reason to believe the
object in the pocket is a weapon or can immediately be identified as contraband (terry
search same as pat down search, terry V ohio)
automobile exception (warrantless search) - CORRECT ANSWER-do not need a
warrant to search a vehicle if, there is probable cause it contains evidence of a crime,
contraband or fruits of a crime inside. has some kind of connection to a criminal act.
(ruled impractical to obtain a warrant because it is so easily moved in the process of
seeking a warrant) must have probable cause however, not just reasonable suspicion,
(higher standard to meet, higher standard of proof). nervousness or speeding does not
, count. A witness tip or a statement from an occupant of the vehicle does count. sniffing
dogs ok.
exigent circumstances (warrantless search) - CORRECT ANSWER-if there is
reasonable belief there is an emergency taking place inside, police may enter
immediately without a warrant to remedy the situation and investigate. (example a
scream for help inside) once inside if weapons or drugs etc. are plain view, they main
be seized under plain view exception. or, if there is reasonable belief evidence
destruction or movement may take place before a warrant can be obtained (freeze the
scene?) ex. smell of marijuana inside, hear a toilet flush, may be pc of evidence
destruction therefore exigent circumstances exist
Consent search (warrantless search) - CORRECT ANSWER-90% of warrantless
searches. consent must be freely and voluntarily given, the theory i didn't know i could
say no isn't valid, cannot be coerced
plain view search (warrantless search) - CORRECT ANSWER-can search or seize
weapons, contraband or evidence of a crime if it is in plain view. there is no expectation
of privacy in plain view, therefore no 4th amendment violation has occurred. must be
seen from a place you can lawfully be.
Hot Persuit exception to warrantless search - CORRECT ANSWER-if a fleeing criminal
goes into a house, police may enter to effect an arrest without a warrant. while inside
any contraband in plain view may be seized.
misdemeanor arrestable offenses. in presence or not. - CORRECT ANSWER-can be
made if there is reason to believe an assault or battery has occurred if in fact it has or
has not happened.
647f public intoxication of drugs or alcohol
drug offenses - CORRECT ANSWER-most are infractions. misdemeanor include
over 18 with more than 28.5 grams
over 18 with marijuana on school grounds
planting marijuana mostly infraction unless
over 18 with more than 6 plants wobbler or misdemeanor
under 18 possession to sale- infraction
over 18 with possion to sale - misdemeanor
with priors or 21 or over- wobbler
transporting under 18 infraction
over 18- misdemeanor
Rohmberg test - CORRECT ANSWER-elapse of time test for drugs
juvenile - CORRECT ANSWER-mirandize anytime they are in custody period
temporary custody is the equivalent of an arrest
