with Complete Solutions
Protective sweeps - Answer-officers may conduct a limited "protective sweep" for
individuals when the individual poses a danger to the officers on scene to make an
arrest.
hot or fresh pursuit - Answer-the pursuit of a person for a serious offense into an area
which may hold an expectation of privacy when it is necessary to protect the police or
public from harm
fleeting evidence - Answer-may enter an area without a warrant if the officer has reason
to believe evidence of a crime may be destroyed or disappear unless entry is made to
preserve the evidence.
community caretaking - Answer-only deals with analogous situations involving motor
vehicles. Ex DUI tip. Officers may carry out community care taking function in order to
protect public safety.
emergency exception - Answer-allows a warrantless entry if it is necessary to provide
immediate assistance to protect people or property.
911 hang up alone does not count
inventory search - Answer-is an administrative search based on department
policy...inventory search is not a search for evidence. If evidence is recovered during
the inventory search, it is the states burden to prove that the department has an
inventory procedure in place and that inventory searches are truly routine practice.
NTO requirements (3) - Answer-Probable cause: believe offense has occurred and
crime must be punishable by MORE than one year
Reasonable Grounds to suspect the person committed the offense
Materia,l Aid: the results of the procedure in the non testimonial order will be of material
aid in determining whether the person named committed the offense.
Examples of evidence that may be sought under VRCrP41.1 are:
Fingerprints, plam prints, buccal swab
, VERMONT supreme court says we must establish probable cause
Service of NTOs on juveniles - Answer-Delinquent child required a GUARDIAN AD
LITEM prior to execution
Requirements for Miranda - Answer-Both Custody and Interrogation must be present
before Miranda applies
Miranda V Arizona - Answer-...
Fugitive from Justice three criteria - Answer-1. positively ID suspect
2. State who issued warrant must be willing to extradite
3. crime must be punishable by death or imprisonment for a term exceeding one year
Detaining witness three elements (state v Pierce) - Answer-1) The person stopped was
near a place where a crime involving forcible injury to a
person or appropriation of /danger to property has just been committed
2) The officer has reasonable cause to believe the "witness" has knowledge of
"material aid" in investigation of such crime
3) The stop of the witness is either necessary to:
a) Identify the person who committed the crime
b) Obtain an account of the crime.
The driver of a police vehicle will never... - Answer-drive past a school bus displaying its
flashing red lights.
(23 VSA 1015(d)).
Supervisor's Responsibilities for pursuits - Answer-The patrol supervisor should monitor
the pursuit and
respond if necessary. The supervisor may end the
pursuit at any time that he or she feels circumstances
warrant.
justification for pursuits - Answer-An officer may pursue a vehicle only when he/she
reasonably believes that the violator has committed or
is attempting to commit a felony involving the use or
threatened use of violence, or when the necessity of
immediate apprehension in cases of a felony or
misdemeanor outweighs the level of danger created by
the pursuit. Officers should not pursue vehicles for
minor traffic violations or violations of City