Omission of an act or negligence may also be a tort if it violates a legal duty owed to
another person
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Tort by omission
,• Valid consent
• Implied consent - a person who drives vehicles for blood, breath, and urine.
(VCS 23612 states that implied consent, if a person is driving and arrested for DUI does
not permit forced extract of sample. If refused to comply, may be forced if: exigent
circumstances - other than dissipation , suspect has search terms that allow forced
sample , officers secured a search warrant pursuant to PC 1524(a)(3))
A person cannot refuse a breath test
- Refusal to comply w. Implied consent may result in administrative consequences such
as suspension or revocation of driving privileges
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Warrantless
Requirements:
• Have probable cause to believe item is crime-related
• Lawfully be in a location to observe the item
• Have lawful access to the item
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Plain View seizures from vehicles
Officers' holster strap was unfastened by defendant
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, PC 148(d)(1)
If officers honestly believe they have enough information to obtain a search warrant, it is
legal for them to go ahead and search the vehicle
Necessary conditions:
• Vehicle must be lawfully stopped, or otherwise lawfully accessible
• Officers must have enough facts, knowledge, training or experience to provide
probable cause that the item they are seeking will be found inside
Scope:
Any part of the vehicle or anything inside the vehicle as long as what is being searched
for is reasonably located there.
• Passenger compartment
• Glove compartment
• Hood
• Trunk
• Any closed personal container (including locked)
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Warrantless searches of vehicles
Violating a court order
MISDEMEANOR
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, PC 166(a)(4)
• Would another officer with the same or similar training and experience do the same
thing
• When faced with the same or similar circumstances
• Or act in the same or similar way or make a similar judgement
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Reasonable Officer Standard
Events that led up to the encounter with the subject, including how the officer arrived at
the scene as well as what observations helped the officer assess the situation.
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Precursory Acts
Removing or taking a firearm from an officer
FELONY
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another person
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Tort by omission
,• Valid consent
• Implied consent - a person who drives vehicles for blood, breath, and urine.
(VCS 23612 states that implied consent, if a person is driving and arrested for DUI does
not permit forced extract of sample. If refused to comply, may be forced if: exigent
circumstances - other than dissipation , suspect has search terms that allow forced
sample , officers secured a search warrant pursuant to PC 1524(a)(3))
A person cannot refuse a breath test
- Refusal to comply w. Implied consent may result in administrative consequences such
as suspension or revocation of driving privileges
Give this one a try later!
Warrantless
Requirements:
• Have probable cause to believe item is crime-related
• Lawfully be in a location to observe the item
• Have lawful access to the item
Give this one a try later!
Plain View seizures from vehicles
Officers' holster strap was unfastened by defendant
Give this one a try later!
, PC 148(d)(1)
If officers honestly believe they have enough information to obtain a search warrant, it is
legal for them to go ahead and search the vehicle
Necessary conditions:
• Vehicle must be lawfully stopped, or otherwise lawfully accessible
• Officers must have enough facts, knowledge, training or experience to provide
probable cause that the item they are seeking will be found inside
Scope:
Any part of the vehicle or anything inside the vehicle as long as what is being searched
for is reasonably located there.
• Passenger compartment
• Glove compartment
• Hood
• Trunk
• Any closed personal container (including locked)
Give this one a try later!
Warrantless searches of vehicles
Violating a court order
MISDEMEANOR
Give this one a try later!
, PC 166(a)(4)
• Would another officer with the same or similar training and experience do the same
thing
• When faced with the same or similar circumstances
• Or act in the same or similar way or make a similar judgement
Give this one a try later!
Reasonable Officer Standard
Events that led up to the encounter with the subject, including how the officer arrived at
the scene as well as what observations helped the officer assess the situation.
Give this one a try later!
Precursory Acts
Removing or taking a firearm from an officer
FELONY
Give this one a try later!
