SEARCH & SEIZURE LD-16 Workbook Vol 2, page 3-1
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Transcript of SEARCH & SEIZURE LD-16 Workbook Vol 2, page 3-1
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SEARCH & SEIZURE
LD-16
Workbook Vol 2, page 3-1
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TERMS AND DEFINITIONS
A ________occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government.
A ______ __ ______occurs when there is some meaningful interference with an individual’s possessory interest in that property by the government.
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TERMS AND DEFINITIONS
A ___________ ______occurs when:1. a peace officer physically applies
force or2. a person __________submits to a
peace officer’s authority
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EXPECTATION OF PRIVACY
_________Amendment is not violated unless a person’s legitimate expectation of privacy is infringed upon by the government
Does _____ apply to actions by private persons
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REASONABLE EXPECTATION OF PRIVACY
Can exist almost anytime, anywhere and anyplace as long as:
Person has indicated he/she personally expects ________of an object or area, and
Their expectation is one which _______is prepared to recognize as legitimate
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SUBJECTIVE EXPECTATION OF PRIVACY
Action designed to protect privacy
1. ________2. Closing a window, curtain or door3. _________a tool box4. Locking a compartment, safe, etc.
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OBJECTIVE REASONABLENESS
Refers to whether ________is prepared to recognize the individual’s expectation of privacy.
CURTILAGE Relatively and usually small ________
________ area immediately around a residence to which the private activities of the home extend, and which the owner has an expectation of privacy.
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OPEN FIELDS/OVER FLIGHTS
Open fields – areas which are so open to the public view that the owner or possessor is deemed to have implicitly invited the general public to view the area.
Over flights –____fourth amendment protections as long as:
Aircraft is at altitude permitted by ______ Being operated in physically nonintrusive
manner
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STANDING
Exists when a person has a legitimate possessory interest or relationship over an object or area.
Only a person with __________can challenge the search or seizure of property
1. Ownership
2. ____________3. Authority4. Control of the area searched or property
seized
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PROBABLE CAUSE TO SEARCH
Enough facts or information to provide a fair probability, or a substantial chance, that the ______ _______ is located at the place to be searched.
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ARTICULATION OF PROBABLE CAUSE
To establish PC, the officer must be able to articulate how and why they have a fair probability to believe:
________ has occurred or is about to occur
evidence pertaining to the crime exists
the evidence is at the location to be searched
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ARTICULATION OF PROBABLE CAUSE
__________ training and experience may go into the equation (not just L/E experience)
___________ ___________ ___________
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TYPES OF SEARCHES
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PLAIN VIEW
_______ ______ seizures are not considered searches.
Can seize contraband/evidence that is in plain view as long as officer has right to be where observation was made and has lawful access.
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WARRANTLESS SEARCHES
Only unreasonable searches are illegal All warrantless searches are judicially
presumed _________responsibility of DA to establish legality
All searches conducted with a search warrant are presumed _______up to defense to prove illegal
Not all searches require a warrant
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PATDOWN/CURSURY SEARCHES/FRISKS
Must be lawfully detained Officer must be able to articulate
specific facts which would cause them to reasonably believe the person is __________ or may be carrying a weapon
Scope – outer clothing for weapons/potential weapons
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PATDOWN/CURSURY SEARCHES/FRISK
Contraband: __________ Reaching inside Discovery Transporting passengers – “duty or
obligation to transport”
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CONSENT
Must be valid (_________, obtained from person with authority to give consent)
________ – determined by person giving consent; __________________
Right to Refuse Express vs Implied consent Authority to Consent Withdrawal of Consent – __________
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EXIGENT CIRCUMSTANCES
Scope: Primary purpose for the entry is to
attend to the emergency Can secure the premises only if
reasonable to believe a search is necessary to secure the emergency
Knock & notice exceptions: Not normally required to do so if
____________________ exist
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EXIGENT CIRCUMSTANCES
________________ Re-entry: Once emergency is abated, ______
_______. Can only re-enter if have a search
warrant, consent or another emergency.
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INCIDENT TO ARREST
Can be conducted when: PC for lawful arrest exists Suspect is taken into custody, and The search is ________________ with the
arrest.
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INCIDENT TO ARREST
Scope: Full search of arrestee’s person __________ on person Chimel v Calif – “Arm’s reach rule” Custodial Arrest – must be taken into
______ ________ (arrest) and taken to jail, does ____ include cite and release
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INCIDENT TO ARREST
_____ ___________ (officer safety): Brief search ________________ Limited to areas immediately
adjoining the area of an arrest Illegal if beyond the above mentioned
areas.
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PROBATION/PAROLE
Probation-search as a condition of probation, def must sign probation document agreeing to search at any time by PO or L/E
Parole-search is always a condition of release of a felon state prison; do not have to notify parole officer
___________ Notification
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VEHICLE SEARCHES
Level of PC is the same as buildings/residences
Called the “Automobile Exception” Carroll v US Vehicles defined If you have PC you do _____ need a
search warrant
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PROBABLE CAUSE SEARCHES
Necessary conditions: _______ _______ or lawfully
accessible Have enough facts, knowledge,
training or experience to provide PC that item sought is in the vehicle
Scope:• ___________ the item could be
reasonably located• Includes closed containers
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PROTECTIVE SEARCHES Necessary conditions:• Officer reasonably believes, based on
specific facts, that there may be a weapon or item that could be used as a weapon, inside the vehicle.
Scope:• Areas where __________ would have
reasonable access to weapon or item that could be used as a weapon.
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PROTECTIVE SEARCHES
Containers: Limited to passenger compartment If it could contain a weapon ________________
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CONSENT SEARCHES of Vehicles
Consent must be given __________ and can be withdrawn at any time.
Can advise have right to refuse Containers Must clearly define container and
specific consent to search-clarity ownership
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SEARCH INCIDENT TO A CUSTODIAL ARREST-
VEHICLES
Passenger compartment _______and everything and anything in it.
Must be a custodial arrest, can not be cite and release.
_________ does not have to be inside vehicle when arrest is made.
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SEARCH INCIDENT TO CUSTODIAL ARREST-
VEHICLES Can be _________of vehicle if:1. Officer reasonably believes arrestee
was an occupant shortly before the arrest (documentation) or
2. Something indicating a close association between the vehicle and the arrestee at the time of the arrest (places object inside vehicle just prior to arrest)
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INSTRUMENTALIY SEARCHES
When PC to believe the vehicle itself constitutes evidence of a criminal act:
1. Crime was committed _______ the vehicle
2. Vehicle was the means by which the crime was committed (ADW, hit & run)
Scope:1. Any part where the item maybe
reasonably located
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INVENTORIES1. Not a search: Accounts for personal property in a vehicle
that is going to be stored/impounded2. Must be: Lawful custody of the police Conducted to a _________ ________ or
regulation of the agency (policy must exist)3. Purpose: Protect property of person whose veh is
impounded Protect agency from false claims of theft or
loss4. Repossessed Vehicles
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SEIZURE OF PHYSICAL SEIZURE OF PHYSICAL EVIDENCE FROM A EVIDENCE FROM A PERSON’S BODYPERSON’S BODY
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SEARCH WITH A WARRANT
Reasonable expectation of privacy very high
No person has a right to ________ __________, even if located in their body
Usually need a search warrant
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SEARCH WITH A SEARCH WITH A WARRANTWARRANT
PC plus: Courts require that the more intense,
unusual, prolonged, uncomfortable, unsafe, or undignified the procedure contemplated, the greater the need for showing the procedure’s necessity.
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SEARCH WITHOUT A WARRANT
Consent Calif drivers license, person has given ______
___________ for chemical testing of blood, breath or urine without a warrant
Incident to arrest-to search for and seize evidence from a suspect’s body without a warrant, must have
1. PC to arrest/search2. Exigent circumstances3. A need that outweighs the intrusiveness
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SEARCH WITHOUT A WARRANT
Exigent circumstances
Stale evidence vs ____________evidence
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SWALLOWING/ATTEMPTING TO
SWALLOW EVIDENCE
If evidence is in a Suspect’s mouth can use reasonable force to remove it or prevent it from being swallowed:
Only minimal force allowed-Nothing that amounts to a choke hold is acceptable
General rule, no bodily intrusion is permissible if force necessary to do so would ________ _____ ________
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SWALLOWING OR ATTEMPTING TO SWALLOW
EVIDENCE
Swallowed evidence:1. Can detain until evidence passes
naturally2. Physician can pump stomach or
administer an emetic:__________ by suspect.________by physician based upon
medical necessity (doctor’s judgment not L/E).
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BLOOD SAMPLESBLOOD SAMPLES
If need a _________, need only demonstrate:
1. PC that the evidence will show evidence of a crime
2. The removal will be conducted by a trained _________ person in a lawful manner
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BLOOD SAMPLES If without a warrant or consent need:1. PC to arrest and search2. Exigent circumstances (evanescent
evidence) ________ ________ must be used and
can be taken even if Suspect is unconscious-(considered taken by force if person is unconscious)
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FINGERPRINTSFINGERPRINTS
Can use reasonable force to obtain (not practical)
Person has ___ legal right to refuse if lawfully arrested
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HANDWRITING EVIDENCE
VOICE EVIDENCE Refusal to give handwriting sample can
be used in court as ___________ of guilt.
_________ force a person to give, must get consent or court order.
No legal right to refuse voice evidence.