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?
What is "The body of prior judicial decisions that guide judges deciding issues before them."
A strictly limited search for weapons of the outer clothing of a person who has been lawfully ___.
(One Word)
What is detained.
Peace officers may enter premises and/or conduct searches without a warrant if they have obtained valid ___.
(One word)
What is consent.
How many people are in our group?
What is 5.
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?
(There was two bullet points Julian mentioned in his slide, at least mention one for points.)
What is:
The occupant of the property has the right to refuse entry and therefore refuse the search.
Even if they enter with consent, officers may not detain persons who are on the premises unless they have reasonable suspicion of criminal activity.
What are the names of the people in our group?
What is Natalie, Lisa, Corrine, Julian, and Jorge.
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.
(One Word)
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.
(Two words)
What is destroyed and removed.
10+9?
What is 19.
What is the guideline for using binoculars in the sensory aids section?
What is "May be used to enhance only what can already be seen by the naked eye from a lawful observation point."
The right of the people to be secure in their ___, ___, ___, and ___, against unreasonable searches and seizures.
(Four words)
What is persons, houses, papers, and effects.
If ___ is discovered, the officer may seize it and conduct a full search.
(One word)
What is contraband.
Peace officers are not allowed to secure or ___ the premises in situations where they have created the exigency by their actions.
(One word)
What is freeze.
What is the name of our presentation?
What is Warrantless Searches and Seizures.
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 and obtained from a person with apparent authority or to give that consent."
Who presented on Cursory/Frisk/Pat searches?
What is Corrine.