Lt. Santos is my favorite
curtilage means this:
Curtilage - means the relatively small and usually well-defined area immediately around a residence to which the occupant has a reasonable expectation of privacy.
What is a search to a custodial arrest?
Search incident to arrest. You must search a suspect prior to booking him/her in the jail
What is Stable Evidence
Evidence that will not change
What is Evanescent Evidence
Evidence that will be lost or change over time
Give and example of an exigent circumstance where you can search a house without a warrant.
???????????
The fourth amendment protects these three things
Privacy
Liberty
Possession of property
name one of the special assignments I have worked
???
Define liability
the state of being responsible for something, especially by law.
What is my favorite color
Dodger blue
What is the population of Lemoore
25000 to 28000
What is Reasonable Suspicion
The amount of knowledge sufficient to induce an ordinarily cautious person to believe criminal activity is taking place
What is Subjective Expectation of Privacy
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.).
What is objective reasonableness
Objective reasonableness - refers to whether society is prepared to recognize the individual’s expectation as reasonable.
What is the exclusionary rule
If a court finds that a search is not reasonable and that a person’s 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.
Article 1, Section 13, of the California Constitution states:
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches, shall not be violated, and a warrant may not be issued except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.
What is Probable Cause to search
Probable cause to search for an object or area means having enough facts or information to provide a fair probability, or a substantial chance, that the object sought is located in the place to be searched.
Protective searches - [16.04.3]
Officers may conditionally search only for weapons or potential weapons in the passenger compartment of the vehicle where the occupant(s) would have reasonable access to the weapon or item that could be used as a weapon
Is a plain view seizure protected under the fourth amendment? why and when?
In a constitutional sense, when an officer sees an item in plain view, from a place the officer has a lawful right to be, no search has taken place. The owner or possessor obviously has no reasonable expectation of privacy for items which are in plain view. Without an expectation of privacy, the owner or possessor has no Fourth Amendment protection.
Give me an example of implied consent
??????? signing for your driver's license
Tell me what Terry V Ohio states officers can do and when.
stop and frisk, Pat down
The 4th Amendment states this:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation(brought before a magistrate), and particularly describing the place to be searched, and the persons or things to be seized.
Standing [16.01.4]
standing exists only if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized. Standing generally is established by ownership, lawful possession, authority, and/or control of the area searched or the property seized.
Exclusionary rule [16.01.6]
If a court finds that a search is not reasonable and that a person’s 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.
- cursory/frisk/pat search - 16.03.4
- consent searches - 16.03.5
- searches pursuant to exigent circumstances - 16.03.6 - searches incident to arrest - 16.03.7 - probation/parole searches - 16.03.8
Tell me what the LD say Plain View Seizures are
Plain view seizures - [16.04.2]
Those items officers believe to be crime-related. Officers must have probable cause to believe the item is crime-related, lawfully be in a location to observe the item, and have lawful access to the item.