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34 Cards in this Set
- Front
- Back
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Both the United States and California Constitutions prohibit "unreasonable" search and Seizures of people, houses, and personal property.
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True, 4th amendment
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A search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.
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True, 4th amendment
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A seizure of property occurs when there is some meaningful interference with an individual's possessory interext in that property.
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True, 4th amendment
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A seizure of a person occurs when a peace officer physically applies force or when a person voluntarily submits to a peace officer's authority.
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True, 4th amendment
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A private person can never violate the 4th amendment.
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True.
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The proscription against unreasonable search and seizure in the 4th amendment applies only to acts of government officers or their agents.
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True.
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The search and seizure must be intentional, rather than merely an accident.
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True
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The exclusionary rule can be found in case law.
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True. it is not a constitutional amendment.
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Proposition 8 was passed in 1982 in California because of what:
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To stop the expansion by eliminating California's "independent state grounds" as a basis for excluding evidence.
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Because of Proposition 8, federal rules govern the admissibility of evidence.
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True
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When Prop. 8 was passed a defendant must demonstrate "standing" in he moves to suppress evidence.
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True.
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A "consensual encounter" is contact between an officer and an individual which is strictly voluntary. The key element is that:
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The person does not have to cooperate, the person is free to leave, and the person may not be restrained.
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When a peace officer seeks a consensual interview with a suspect are there any 4th amendment privacy issues?
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No.
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During a consensual interview, can an officer ask for identification?
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Yes.
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If you have a consensual interview with a suspect, you must?
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give the impresion compliance with your request is mandatory, you must ask for the suspects cooperation, and you can tell the suspect they are free to go.
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You have no authority to conduct any kind of a search during a consensual encounter unless, of course, the person gives you voluntary consent.
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True
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If you are having a consensual encounter with a suspect, and you see contraband in plain view:
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You may seize the contraband and you may arrest the person.
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Patting a person down constitutes a detention?
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True.
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For an investigate stop or detention to be valid, you must have "reasonable suspicion" that, what?
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Criminal activity may be afoot, and the personyou are about to detain is connected withthat possible criminal activity.
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Race is not a factor which you may consider in calculating reasonable suspicion.
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True, considered racial profiling
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If you approach a person, and they run from you, and you give chase is that a detension?
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Your act of chasing the person does not constitute a detention unless you catch them.
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Officer safety, as a justification for certain police action is?
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Does exist in many areas of the law, allows a limited search for weapons, and allows a patdown search.
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You can properly base a detention on information you receive from who?
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A victim, a fellow police officer, a Police dispatcher, a witness and some other.
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Suspects have the right to refuse or resist a lawful detention if they feel they are being stopped illegally.
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False.
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If the stop or arrest starts in a public place, and the suspect runs inside a building can you give pursuit?
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You may enter the building under the "Hot Pursuit" doctrine.
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A suspect being detained, legally has to what?
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Only has to identify himself if you are citing him for a vehcile code violation.
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Indications of "Custody" include?
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Using force to stop someone, Using handcuffs to restrain someone, or using any other physical restraints.
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During a detention, you may move a suspect?
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For a short distance for you protection. To identify the suspect if the victim cannot be moved.
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A detention may last?
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May only last no longer than is necessary to resolve the circumstances that is justified its initiation.
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During a detainment, Miranda warnings are never necessary unless you have both?
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Custody and interrogation
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During a detention, you have no power to conduct a general, full, exploratory search of the suspect.
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True.
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If you see contraband or a weapon in plain view, you may seize it because
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Because seeing it in plain view is not consider a search.
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If you come across a closed container, on a person you are detaining, you may seize the container and open it.
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Anytime it is reasonable to think it could contain a weapon.
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During an arrest, a suspect can?
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Resist the use of excessive force.
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