search & Seizures
There is no expectation of privacy in anything voluntarily exposed to public view. Officer is in a place or position she/he has a lawful right to be.
What is Plain View
Searches conducted by school officials in Colorado require..
Reasonable Suspicion
Whenever there is no reasonable opportunity for the Police Officers to stop and take the time to get a search warrant.
Exigent Circumstances
Under the 4th Amendment, individuals are protected from:
Unreasonable searches and seizures
Lawful substitute for both a search warrant and probable cause. Must be Free and Voluntary
Consent Searches
When Law Enforcement officers conduct searches in schools, they generally require..
Probable Cause
Police may make a warrantless search of the area/home to see if there are other victims or if a killer is still on the premises. Check for Weapons.
Protective Sweep
Colorado, a search warrant must be issued by:
A neutral magistrate
Inherent Mobility of Automobile. Passenger Compartment and Truck can be searched.
Automobile Exception
Reasonable Suspicion is a lower standard than OC and is used primarily for:
Stop and Frisk situations
The area surrounding a dwelling normally used for living purpose (car port, fenced front and back yard).
What is Curtilage
Requirement for Inventory Searches
Lawfully Impounded
Agency inventory policy
The owner of a property has expressly granted authority for a person to give consent. A lawful resident has….
Actual Authority
Police may make warrantless entries on premises where they reasonably believe that a person within is need of immediate aid.
Welfare Check
Where the Officer does not have probable cause prior to contact, there is no constitutional impediment to conducting what is known as…
Knock & Talk
Search is valid even if it turns out the person who consented to the search did not actually have the right to consent.
Apparent Authority
In Colorado Probable Cause is required for:
Arrests and most searches
Must have articulable & reasonable belief that the vehicle contains weapons. Done for Officer Safety.
Protective Sweep for Weapons
Protects suspects property and police from claims of lost or stolen property and insures no contraband or weapons are left hidden in the car.
Inventory Searches
The requirement that a warrant must specify the location to be searched and items to be seized is known as:
Particularly Requirement
The right of an individual to contest the illegality of a search and seizure.
What is Standing
Exceptions to the search warrant requirement.
Criteria For Plain View Seizure
Legitimately on the premises
Discover Evidence (Crime or Contraband)
Immediately ApparentOfficers are not allowed to examine the object to determine if it is contraband. No massaging or handling an object to determine if it’s contraband.
Immediately Apparent Rule
Criteria for Exigent Circumstances
Imminent destruction of evidence
Fresh/Hot Pursuit
Preventing Escape or Arrested in Public
Rescue/Emergency aid