Interview & Interrogation
If these two factors exist, Miranda applies
What is Custody & Interrogation?
This type of Search Warrant is also known as an "After-the-Fact" Search Warrant.
What is a Post Hoc Search Warrant?
The ________ _________ Exception is an exception to Legislation that usually prohibits Police from interviewing juveniles in Miranda situations.
Public Safety Exception
If Officers enter a residence based on exigent circumstances, at what point do they have to leave the residence (if at all)?
What is as soon as the exigency is over?
The ____ Amendment protects people from unreasonable Search & Seizure.
What is the Fourth Amendment?
"I think I might want a lawyer". Courts determined that this was a complete/incomplete invocation of one's rights.
What is incomplete?
Law Enforcement Officers have _________ to serve the Service Provider with a Post Hoc Search Warrant.
What is 72 hours?
What is 120 hours?
Part of the Exigency Balancing Test is whether the need for the emergency response outweighs the responses __________
What is intrusiveness?
This is the procedure for booking a cell phone into evidence with the intention of authoring a Search Warrant for cell phone imaging:
*If on - attempt to obtain password, airplane mode, book into cell phone box with phone plugged in. Author SW. Notify 1Detectives that a SW was authorized for a forensic imaging of the cell phone & provide password.
"You are not under arrest. You are free to leave at any time" - These notifications are part of this admonishment.
What is Behelar?
The Anatomy of a Search Warrant contains Page 1, Page 2, and ______ Attachments. The following is a summary of what Page 1, Page 2, and the _____ Attachments cover.
Page 1 - Cover Page with signatures from Affiant, Supervisor, DA + Evidence Type
Page 2 - Orders + Judge authorization
Attachment A - Where you are searching
Attachment B - What you are seizing
Attachment C - Probable Cause
If a Missing Person is under 21 or At-Risk, Law Enforcement has to distribute a BOL no more than ________ after determining age/risk.
What is ONE hour?
You are able to obtain location information associated with a cell phone, without a Search Warrant, based on _________________
In order to obtain fingernail scrapings from an in-custody arrestee, Law Enforcement is required/not required to obtain a Search Warrant.
What is NOT required?
This is an example of when Law Enforcement is able to interview a juvenile suspect.
This is an example of when Law Enforcement is not able to interview a juvenile suspect.
Miranda applies = unable to interview without consulting legal counsel
Miranda does not apply = juvenile suspect can be interviewed
Upon service of a cell phone Search Warrant, the owner of the cell phone (target of Search Warrant) is entitled to the following 4 documents:
1. Copy of Search Warrant
2. Notice of Search Warrant
3. Electronic Notice of Search Warrant
4. Inventory List
True or False: Officers are justified in using deadly force against a suspect who is inflicting GBI upon a K9.
What is False?
These are two (of 5) considerations when deciding whether or not you can impound a vehicle pursuant to community caretaking.
1. Vehicle on Private Property?
2. Property owner consulted?
3. Alternative to impoundment exist?
4. Vehicle involved in a crime?
5. Owner/driver consent to impoundment?
Manipulating a cell phone to place the cell phone into airplane mode does/does not constitute a Search.
Does NOT
In order for someone to completely invoke their rights while under Miranda, their invocation must be a ____________ & _______________ invocation.
What is clear (unequivocal) & unambiguous?
If you are unable to serve a particular person with a Search Warrant, you are required to....
What is upload the Search Warrant to CLEW?
NTOA's Priority of Life includes:
Law Enforcement / A Hostage / The Suspect / Innocent citizens
in this order:
1. Hostage
2. Innocent Persons
3. Law Enforcement
4. Suspect
People v. ______ is the landmark case for Community Caretaking & Exigent Circumstances.
What is People v. Ray?
Please tell everyone about the entire Search Warrant process from start to finish.
Example to use = Cell Phone Search Warrant
*Write SW
*Approved by Supervisor, DDA, Judge
*Cell Phone foresnics
*Notifications to target
*Search Warrant Return