RBC Test 1 LD 16 questions and answers
with solutions 2025
Subjective Expectation of Privacy - ANSWER Individuals have indicated that they personally
expect privacy in the object or area. (Ex. Constructing a fence, closing window shades, etc)
Objective Expectation of Privacy - ANSWER Their expectation is one which society is prepared to
recognize as legitimate.
Standing - ANSWER in a search or seizure only exists if a subject has a reasonable expectation of
privacy in the place or thing that is searched or seized. It is generally established by ownership,
lawful possession, authority, and/or control of the area searched or property seized.
Probable Cause to Search - ANSWER means having enough facts or information to provide fair
probability (a substantial chance) that the object sought is located in the place to be searched. A
crime has occurred Evidence to the crime exists Evidence is believed to be at the location they
wish to search.
Exclusionary Rule - ANSWER If a search or seizure is found unreasonable (a violation of one's 4th
Amendment right), all items seized during the search could be ruled inadmissible at trial. "Fruit
of the poisonous tree"
Warrant Searches - ANSWER Probable cause is always required. Fair probability that the
object(s) they seek will be found at the place they are asking to search and it's evidence to a
criminal act or is contraband. 1524 PC details the statutory grounds for the issuance of a search
warrant. Probable cause can be based on the collective knowledge of all involved officers.
Reasonable Interference - ANSWER drawing conclusions from fact.
Direct Evidence - ANSWER proves a fact directly.
, Circumstantial Evidence - ANSWER proves a fact indirectly from which deductions must be
drawn by the jury.
Securing an Area - ANSWER Under limited circumstances, peace officers may secure a residence
while in the process of obtaining a search warrant. This requires... Probable cause Exigent
circumstances Reasonable belief that based on the totality of circumstances that evidence will
likely be destroyed or removed before the warrant is obtained.
3 Limits on the Execution of Search Warrants - ANSWER The warrant must be served within 10
days of issuance. The clock starts the day following issuance and runs until midnight on day 10.
Return of warrant must be within 10 days Weekends and holidays are considered and a late
return does not usually invalidate the warrant.
Warrants may only be served between the hours of 0700 - 2200. With the exception and
approval of nighttime service. A search only has to begin by 2200. The only length of search
stipulation is that it is a reasonable amount of time to conduct the search as prescribed in the
warrant.
Nexus Rule - ANSWER Officers may seize items not listed in the warrant when Items are
discovered while conducting a lawful search And they have probable cause to believe the
discovered item is contraband, evidence of criminal behavior, or would aid in the apprehension
or conviction of the criminal.
Plain Search Seizures - ANSWER Peace offices do not have to blind themselves from to what is in
plain view. There are no 4th amendment protections to items in plain view as there is no
reasonable expectation of privacy and therefore no search.
Plain View Seizure Requirements - ANSWER Probable cause the item is contraband or evidence
of a crime.
The officer has a lawful right to be in the location they viewed the item from
with solutions 2025
Subjective Expectation of Privacy - ANSWER Individuals have indicated that they personally
expect privacy in the object or area. (Ex. Constructing a fence, closing window shades, etc)
Objective Expectation of Privacy - ANSWER Their expectation is one which society is prepared to
recognize as legitimate.
Standing - ANSWER in a search or seizure only exists if a subject has a reasonable expectation of
privacy in the place or thing that is searched or seized. It is generally established by ownership,
lawful possession, authority, and/or control of the area searched or property seized.
Probable Cause to Search - ANSWER means having enough facts or information to provide fair
probability (a substantial chance) that the object sought is located in the place to be searched. A
crime has occurred Evidence to the crime exists Evidence is believed to be at the location they
wish to search.
Exclusionary Rule - ANSWER If a search or seizure is found unreasonable (a violation of one's 4th
Amendment right), all items seized during the search could be ruled inadmissible at trial. "Fruit
of the poisonous tree"
Warrant Searches - ANSWER Probable cause is always required. Fair probability that the
object(s) they seek will be found at the place they are asking to search and it's evidence to a
criminal act or is contraband. 1524 PC details the statutory grounds for the issuance of a search
warrant. Probable cause can be based on the collective knowledge of all involved officers.
Reasonable Interference - ANSWER drawing conclusions from fact.
Direct Evidence - ANSWER proves a fact directly.
, Circumstantial Evidence - ANSWER proves a fact indirectly from which deductions must be
drawn by the jury.
Securing an Area - ANSWER Under limited circumstances, peace officers may secure a residence
while in the process of obtaining a search warrant. This requires... Probable cause Exigent
circumstances Reasonable belief that based on the totality of circumstances that evidence will
likely be destroyed or removed before the warrant is obtained.
3 Limits on the Execution of Search Warrants - ANSWER The warrant must be served within 10
days of issuance. The clock starts the day following issuance and runs until midnight on day 10.
Return of warrant must be within 10 days Weekends and holidays are considered and a late
return does not usually invalidate the warrant.
Warrants may only be served between the hours of 0700 - 2200. With the exception and
approval of nighttime service. A search only has to begin by 2200. The only length of search
stipulation is that it is a reasonable amount of time to conduct the search as prescribed in the
warrant.
Nexus Rule - ANSWER Officers may seize items not listed in the warrant when Items are
discovered while conducting a lawful search And they have probable cause to believe the
discovered item is contraband, evidence of criminal behavior, or would aid in the apprehension
or conviction of the criminal.
Plain Search Seizures - ANSWER Peace offices do not have to blind themselves from to what is in
plain view. There are no 4th amendment protections to items in plain view as there is no
reasonable expectation of privacy and therefore no search.
Plain View Seizure Requirements - ANSWER Probable cause the item is contraband or evidence
of a crime.
The officer has a lawful right to be in the location they viewed the item from
