CONSTITUTIONAL LAW MPTC
How many powers of arrest are there? - ANSWERS-5
Detention by merchants - ANSWERS-Can detain a shoplifter in a reasonable
manner for not more than a reasonable length of time.
The police may conduct a warrantless search of people under arrest and any area
within their immediate control to prevent? - ANSWERS-Escape, Harm to the
public, destruction or concealment of evidence of the crime.
Search incident to arrest may be made only for ? - ANSWERS-Seizing fruits,
instrumentalities, contraband and other evidence of the crime in order to prevent
its destruction or concealment. And removing any weapons.
Scope of search incident to arrest. - ANSWERS-Search should be performed
contemporaneously (During the same period of time) in place and time with
actual arrest.
Grabbing Area is defined as? - ANSWERS-Area within their immediate control
where a person could reasonably grab or gain possession of a weapon or destroy
evidence. Containers are also included where such items could reasonably be
located.
,Strip search is defined as? - ANSWERS-Last layer of clothing removed but may not
be completely removed.
Police would need what _______ to conduct a strip search - ANSWERS-Probable
cause, that believed a person has concealed a weapon or evidence of the crime
that would not be discovered during a normal standard search
A visual body cavity search requires what? - ANSWERS-Probable cause - and no
touching
Manual body cavity search with some degree of touching requires? - ANSWERS-A
Search warrant - with strong showing of particularized need supporting high
degree of probable cause that contraband is hidden inside the cavity.
Motor vehicle searches incident to arrest - ANSWERS-May be made only for the
purposes of seizing fruits, instrumentalities, contraband and other evidence in
order to prevent its destruction or concealment, and removing any weapons.
Protective sweeps - ANSWERS-Limited, warrantless searches to conduct a cursory
check of a premises for people only, not evidence.
Automobile exception - ANSWERS-Motor vehicles make it easier to remove,
destroy, or relocate evidence. If probable cause exist to believe evidence of a
crime is inside a MV, and the vehicle is located on a public place it allows officers
to search inside the MV where the evidence could reasonably be, including the
trunk, without a warrant.
, Consent search - ANSWERS-A person allows officers to search places where the
person consenting as a reasonable expectation of privacy.
For consent to be valid - ANSWERS-Person must have the authority to consent
and must do so voluntarily.
Actual authority is defined as? - ANSWERS-Person lives in the home with shared
access to the home or the person has a written contract that specifically
empowers that person to allow officers to search.
Apparent authority - ANSWERS-When a officer makes a faulty judgment about
someone's actual authority over the home. Mistake must be reasonable.
Plain view doctrine - ANSWERS-Allows police to seize evidence of a crime without
a search warrant when officers are lawfully present in a place and clearly see
items that are contraband or evidence of a crime out in the open.
Plain view with special devices - ANSWERS-Binoculars and flashlights, aircrafts
may be used if made from lawful navigable airspace using the unaided eye, Police
K9 in public areas.
Exigent circumstances - ANSWERS-A reasonable likelihood of danger to officers or
third parties, imminent removal or destruction of evidence, or a risk of flight by a
wanted person.
How many powers of arrest are there? - ANSWERS-5
Detention by merchants - ANSWERS-Can detain a shoplifter in a reasonable
manner for not more than a reasonable length of time.
The police may conduct a warrantless search of people under arrest and any area
within their immediate control to prevent? - ANSWERS-Escape, Harm to the
public, destruction or concealment of evidence of the crime.
Search incident to arrest may be made only for ? - ANSWERS-Seizing fruits,
instrumentalities, contraband and other evidence of the crime in order to prevent
its destruction or concealment. And removing any weapons.
Scope of search incident to arrest. - ANSWERS-Search should be performed
contemporaneously (During the same period of time) in place and time with
actual arrest.
Grabbing Area is defined as? - ANSWERS-Area within their immediate control
where a person could reasonably grab or gain possession of a weapon or destroy
evidence. Containers are also included where such items could reasonably be
located.
,Strip search is defined as? - ANSWERS-Last layer of clothing removed but may not
be completely removed.
Police would need what _______ to conduct a strip search - ANSWERS-Probable
cause, that believed a person has concealed a weapon or evidence of the crime
that would not be discovered during a normal standard search
A visual body cavity search requires what? - ANSWERS-Probable cause - and no
touching
Manual body cavity search with some degree of touching requires? - ANSWERS-A
Search warrant - with strong showing of particularized need supporting high
degree of probable cause that contraband is hidden inside the cavity.
Motor vehicle searches incident to arrest - ANSWERS-May be made only for the
purposes of seizing fruits, instrumentalities, contraband and other evidence in
order to prevent its destruction or concealment, and removing any weapons.
Protective sweeps - ANSWERS-Limited, warrantless searches to conduct a cursory
check of a premises for people only, not evidence.
Automobile exception - ANSWERS-Motor vehicles make it easier to remove,
destroy, or relocate evidence. If probable cause exist to believe evidence of a
crime is inside a MV, and the vehicle is located on a public place it allows officers
to search inside the MV where the evidence could reasonably be, including the
trunk, without a warrant.
, Consent search - ANSWERS-A person allows officers to search places where the
person consenting as a reasonable expectation of privacy.
For consent to be valid - ANSWERS-Person must have the authority to consent
and must do so voluntarily.
Actual authority is defined as? - ANSWERS-Person lives in the home with shared
access to the home or the person has a written contract that specifically
empowers that person to allow officers to search.
Apparent authority - ANSWERS-When a officer makes a faulty judgment about
someone's actual authority over the home. Mistake must be reasonable.
Plain view doctrine - ANSWERS-Allows police to seize evidence of a crime without
a search warrant when officers are lawfully present in a place and clearly see
items that are contraband or evidence of a crime out in the open.
Plain view with special devices - ANSWERS-Binoculars and flashlights, aircrafts
may be used if made from lawful navigable airspace using the unaided eye, Police
K9 in public areas.
Exigent circumstances - ANSWERS-A reasonable likelihood of danger to officers or
third parties, imminent removal or destruction of evidence, or a risk of flight by a
wanted person.
