Plain View Seizures
What is the probable cause for seizure?
What is "Peace officers have to have enough facts to provide probable cause."
What is case law?
law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations
A strictly limited search for weapons of the outer clothing of a person who has been lawfully ___.
What is detained.
Peace officers may enter premises and/or conduct searches without a warrant if they have obtained valid ___.
what is consent?
Peace officers are allowed to enter an area that is private without a warrant if...
there's an urgent need to act.
What does observation from a lawful location mean?
What is "Peace officers have the lawful right to be at the location from which they initially observe the item."
What are at least three case law exceptions mentioned in Lisa's slide ?
What is:
Cursory/frisk/pat down
Consent Searches
Searches pursuant to exigent circumstances
Searches incident to custodial arrest
Probation/parole searches
True or False:
Search is for possible weapons only, not a search for contraband or other evidence.
What is true.
If officers have probable cause to search but lack an exigent circumstance to justify a warrantless entry, they should always seek a warrant instead of seeking consent. What may happen without a warrant?
What is:
The occupant of the property has the right to refuse entry and therefore refuse the search.
What can be considered an urgent need to act?
Imminent danger to life or safety
Serious property damage
Potential of suspect escaping
Risk of evidence being destroyed
What are three sensory aid devices mentioned in Natalie's slide?
What is:
Flashlights & Night Vision Devices
Binoculars
Dogs
The first clause of the 4th amendment states that people have a right to be protected from unreasonable searches & seizures by ____ agents.
What is government.
Can an officer manipulate an object once they find out it's a weapon?
What is no.
Seeking consent rather than obtaining a warrant can also serve to warn subjects of pending law enforcement action. The evidence may be ___ or ___ during the time that the warrant is obtained.
what is destroyed or removed?
When must a peace officer stop there search upon making entry?
After the situation has been resolved
What is the guideline for using binoculars in the sensory aids section?
what is may able to be seen beyond the 6ft of privacy you are given
The right of the people to be secure in their ___, ___, ___, and ___, against unreasonable searches and seizures.
What is persons, houses, papers, and effects.
If ___ is discovered, the officer may seize it and conduct a full search.
What is contraband.
Peace officers are not allowed to ___ the premises in situations where they have created the exigency by their actions.
what is secure?
What do peace officers need in order to continue their search after it's been resolved.
Warrant
Surveillance is not a search for peace officers to conduct surveillance on a person who’s in a private premises or follow someone that leaves that premises. Because as long as the officer does it at a place they have right to be.
What is an example of this?
What is "Videotaping a suspect’s activities is a form of surveillance."
What is the basis for a warrantless search or seizure?
What is "Totality of the circumstances."
What are the two reasons an officer can reach inside clothing or pockets to inspect?
What is:
Object reasonably felt like weapon
Subject clothing is so rigid and heavy
For consent to be valid, the consent must be?
what is voluntary?
Is the "knock and notice" procedures required?
Not required