NYPD 2nd Trimester -Law Questions & Answers 100%
Solved
Automatic Search Incident to Lawful Arrest - ✔✔The arrestee's entire body, from head to toe.
Portable containers concealed on the arrestee's person.
-Some examples: wallet, cigarette pack, pillbox
Unlocked Containers Being Carried or Within the Lungeable Area - ✔✔NOT AUTOMATICALLY
SEARCHED
in every arrest.
If there is:
A reasonable belief that the container contains a weapon, a means of escape, or evidence
AND
The suspect has control of the container, with access during the time of arrest AND - It is
unlocked or
locked and the keys are present.
THE CONTAINER MAY BE SEARCHED
Search Incident to a Lawful Arrest in a Vehicle - ✔✔- The search of a vehicle is never
automatic if an
occupant is arrested.
, Must have reasonable belief that a weapon, a means of escape, or evidence exists.
Can look in the grab-able area.
The vehicle's trunk is NO GOOD
Portable Container in Vehicle - ✔✔- Reasonable belief that the container has a weapon, a
means of
escape, or evidence.
Container needs to be unlocked
Plain View Exception - ✔✔- The officer must be where he has a legal right to be Examples:
Valid
Consent, Emergency Situation, Hot Pursuit
The officer must inadvertently see the item of evidence.
The police officer has a reasonable cause to believe that items to be seized are contraband,
mere
evidence, or fruits of a crime
AUTOMOBILE EXCEPTION - ✔✔- There must be probable cause that the vehicle contains
evidence or
contraband AND exigent circumstances exist.
Search the entire vehicle in areas capable of capable of holding the evidence or contraband.
Solved
Automatic Search Incident to Lawful Arrest - ✔✔The arrestee's entire body, from head to toe.
Portable containers concealed on the arrestee's person.
-Some examples: wallet, cigarette pack, pillbox
Unlocked Containers Being Carried or Within the Lungeable Area - ✔✔NOT AUTOMATICALLY
SEARCHED
in every arrest.
If there is:
A reasonable belief that the container contains a weapon, a means of escape, or evidence
AND
The suspect has control of the container, with access during the time of arrest AND - It is
unlocked or
locked and the keys are present.
THE CONTAINER MAY BE SEARCHED
Search Incident to a Lawful Arrest in a Vehicle - ✔✔- The search of a vehicle is never
automatic if an
occupant is arrested.
, Must have reasonable belief that a weapon, a means of escape, or evidence exists.
Can look in the grab-able area.
The vehicle's trunk is NO GOOD
Portable Container in Vehicle - ✔✔- Reasonable belief that the container has a weapon, a
means of
escape, or evidence.
Container needs to be unlocked
Plain View Exception - ✔✔- The officer must be where he has a legal right to be Examples:
Valid
Consent, Emergency Situation, Hot Pursuit
The officer must inadvertently see the item of evidence.
The police officer has a reasonable cause to believe that items to be seized are contraband,
mere
evidence, or fruits of a crime
AUTOMOBILE EXCEPTION - ✔✔- There must be probable cause that the vehicle contains
evidence or
contraband AND exigent circumstances exist.
Search the entire vehicle in areas capable of capable of holding the evidence or contraband.
