UPDATED VERSION | VERIFIED QUESTIONS WITH CORRECT ANSWERS |
CURRENTLY TESTING CONTENT | 100% ACCURATE EXAM
Objective Reasonableness
Whether society is prepared to recognize an individual's expectation of privacy as reasonable
Probable cause to search
Crime was committed or will be committed, evidence exist, and located in the place to be
searched.
Custodial lineup
Identification procedure in which the victim or witness to a crime is asked to look at a number of
individuals within a custodial environment in an attempt to identify the suspect.
Custodial lineup timing
May take place any time after a crime has been committed.
Scope of Search Incident to Arrest
A search incident to a custodial arrest may include:a full search of the arrestee's personcontainers
on the arrestee's personthe nearby physical area that was under the immediate control of the
arrestee (sometimes referred to as "within arm's reach")
Fourth Amendment Protection
Officers must have probable cause and a warrent signed by a judge. Once a warrent is recived,
officers can only search in the specified locations described in the warrent.
Reasonable expectation of privacy
can exist almost anytime and anyplaceas long as:
-individuals have indicated that they personally (subjectively) expect privacy in the object or
area,
-their expectation is one which society is prepared to recognize as legitimate
Subjective expectation of privacy
is a person's state of mind demonstrated by affirmative action designed to protect their privacy
(e.g., building a fence, closing window shades, locking a compartment, etc.).
Curtilage
,Relatively small and usually well-defined area immediately around a residence to which the
private activities of the home extend, and in which the owner has an expectation of privacy
Open fields
Outdoor real property, outside the curtilage of the residence
Over flights
The flight of a plane or helicopter over a given area
Standing
Exists only if a subject has a reasonable expectation of privacy in the place or thing that is
searched or seized. Generally established by:OwnershipLawful possession AuthorityControl of
the area searched or the property seized
The exclusionary rule
If a court finds a search or seizure is not reasonable and a persons fourth amendment rights have
been violated by the government all items seized during the search could be ruled inadmissible
or excluded as evidence at trial. *fruit of the poisonous tree
Probable cause to arrest
Honest and strong belief that a crime was committed and the person arrested committed that
crime.
Nexus Rule
Officers may seize items not listed in the warrant when:the items are discovered while the
officers are conducting a lawful search for the listed evidence, andthey have probable cause to
believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the
apprehension or conviction of the criminal. *reasonable connection or link between two or more
items.
Probable cause exception
Warrantless vehicle search based on probable cause that the vehicle contains contraband or
evidence of a crime. Also referred as the automobile exception or the vehicle exception.
For a search of a vehicle to be legal under the probable cause exception:
- the vehicle must have been lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable
cause that the item they are seeking will be found inside the vehicle
Scope of Search of a vehicle
, Officers may search any part of a motor vehicle or anything inside the vehicle as long as what
they are searching for might reasonably be located there. This includes but not limited to: the
passenger compartments The glove compartment The hoodThe trunkAny closed personal
containers (including locked)
Vehicles code section 415
Self propelled. Ex: automobilesAirplanesBusesRecreational vehiclesCarts.....
Motor homes
Considered motor vehicle when it is being used on a highway or if it is capable of such use and is
located in a place not regularly used for residential purposes.
Time of search for vehicles
Does not have to happen contemporaneously with the vehicle stop. Could occur later if the
vehicle is being towed or impounded.
Closed Containers
Officers need probable cause to open and search any closed, personal containers within the
vehicle which might reasonably contain the item (including locked)
Protective search of a vehicle
Officer has reasonable belief based on specific and articulable facts the occupant of vehicle
stopped for a traffic violation is dangerous and may gain immediate control of a weapon, officer
may search those areas of a vehicle's passenger compartment in which a weapon may be placed
or hidden.
Plain View
evidence that's found in a location that anybody could see and, therefore, doesn't require a
warrant officers may seize.
consent search
Search conducted with consent that is voluntary and obtained from a person with the authority to
give that consent. If the consenting person restricts certain areas of the vehicle or items within
the vehicle, the officer must honor those restrictions.
Searches of vehicles incident to custodial arrest
Officers makes a custodial arrest of a person in a vehicle and the officer may conduct a
warrantless search of the vehicles passenger compartment
Necessary Conditions for search of vehicle incident to custodial arrest