Download LAPD Exam Q&A: Fourth Amendment and Vehicle Searches and more Exams Criminal procedure in PDF only on Docsity!
ANSWERS
Fourth Amendment Protection - correct answer ✅Officers must have probable cause and a warrent signed by a judge. Once a warrent is recived, officers can only search in the specified locations described in the warrent. Reasonable expectation of privacy - correct answer ✅can exist almost anytime and anyplace as long as: -individuals have indicated that they personally (subjectively) expect privacy in the object or area, -their expectation is one which society is prepared to recognize as legitimate Subjective expectation of privacy - correct answer ✅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.).
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Objective Reasonableness - correct answer ✅Whether society is prepared to recognize an individual's expectation of privacy as reasonable Curtilage - correct answer ✅Relatively small and usually well- defined area immediately around a residence to which the private activities of the home extend, and in which the owner has an expectation of privacy Open fields - correct answer ✅Outdoor real property, outside the curtilage of the residence Over flights - correct answer ✅The flight of a plane or helicopter over a given area. Standing - correct answer ✅Exists only if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized.
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Nexus Rule - correct answer ✅Officers may seize items not listed in the warrant when: the items are discovered while the officers are conducting a lawful search for the listed evidence, and they have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the criminal. *reasonable connection or link between two or more items. Probable cause exception - correct answer ✅Warrantless vehicle search based on probable cause that the vehicle contains contraband or evidence of a crime. Also referred as the automobile exception or the vehicle exception. For a search of a vehicle to be legal under the probable cause exception: -
ANSWERS
correct answer ✅- the vehicle must have been lawfully stopped, or otherwise be lawfully accessible
- the officers must have enough facts, knowledge, training, or experience to provide probable cause that the item they are seeking will be found inside the vehicle Scope of Search of a vehicle - correct answer ✅Officers may search any part of a motor vehicle or anything inside the vehicle as long as what they are searching for might reasonably be located there. This includes but not limited to: the passenger compartments The glove compartment The hood The trunk Any closed personal containers (including locked) Vehicles code section 415 - correct answer ✅Self propelled. Ex: automobiles Airplanes
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on specific and articulable facts the occupant of vehicle stopped for a traffic violation is dangerous and may gain immediate control of a weapon, officer may search those areas of a vehicle's passenger compartment in which a weapon may be placed or hidden. Plain View - correct answer ✅evidence that's found in a location that anybody could see and, therefore, doesn't require a warrant officers may seize. consent search - correct answer ✅Search conducted with consent that is voluntary and obtained from a person with the authority to give that consent. If the consenting person restricts certain areas of the vehicle or items within the vehicle, the officer must honor those restrictions. Searches of vehicles incident to custodial arrest - correct answer ✅Officers makes a custodial arrest of a person in a vehicle and the officer may conduct a
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warrantless search of the vehicles passenger compartment Necessary Conditions for search of vehicle incident to custodial arrest - correct answer ✅The arrestee is unsecured (not locked in police car, not handcuffed) Has reachable access to the vehicle The officer has reasonable suspicion to believe evidence pertaining to the crime for which the suspect was arrested is to be found in the vehicle The officer has reasonable suspicion there is a weapon in the vehicle. Custodial arrest - correct answer ✅An arrest where the suspect will be transported to a jail, station, detox center, juvenile hall, or school Establishing a Nexus to the vehicle - correct answer ✅1) officers reasonable believe the arrestee was an occupant shortly before the arrest
ANSWERS
The subject clearly and voluntarily consents to being moved Independent probable cause exists to arrest the subject and take the subject into custody It is very impractical to transport a witness to a possible suspect because:
- the victim or witness is too injured to be moved
- the availability of transporting officers is limited, and the wait would create a greater intrusion on the subject's freedom than transporting the subject Photographic spread - correct answer ✅Identification procedure in which the victim or witness to a crime is asked to look at a number of photographs in an attempt to identify the suspect. Photographic spread timing - correct answer ✅Does not have to take place within a short amount of time of the crime. But should while the victim or witness memory is still fresh.
ANSWERS
Photographic spread location - correct answer ✅A photographic spread maybe use when the identity of the suspect is not known, or the identity is known but the suspect is not in custody. Since there is no intrusion on a suspects time or privacy the photographic spread identification process can take place at any location Custodial lineup - correct answer ✅Identification procedure in which the victim or witness to a crime is asked to look at a number of individuals within a custodial environment in an attempt to identify the suspect. Custodial lineup timing - correct answer ✅May take place any time after a crime has been committed. Custodial lineup location - correct answer ✅Takes place within a controlled environment of a law enforcement facility Custodial lineup legal Rep. - correct answer ✅The suspect has the right to the
ANSWERS
Execution of a search warrant, time limit for service. - correct answer ✅Penal code 1534 Officers have 10days within which to execute the warrant. Failure to make timely execution of search warrant - correct answer ✅1) obtain a new warrant
- resubmit the expire warrant so it may be reissued and revalidated Time of service for a search warrant - correct answer ✅Only between the hours of 7:00am to 10:00pm Forcible entry to execute a search warrant - correct answer ✅If the knock and notice requirements are met, including refusal, peace officers may legally break in or force entry into premises to execute a search warrant. (Penal Code Section 1531)
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Exception to knock and notice - correct answer ✅Officers are allowed to enter private property unannounced if: Harm to the officers or other individuals (hostages); The destruction of evidence. Ruse entry - correct answer ✅Peace officers may use a false identity, a ruse or trick to obtain consent to enter as long as they already have a judicially-authorized right to enter, i.e., a search warrant. Detaining persons on the premises during a search warrant - correct answer ✅Officer May detain and frisk/pat search persons who are present and have demonstrated a connection with the premise. EX: is already inside the premises Has a key to enter the premises freely Enter the premises without knocking
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Surveillance - correct answer ✅It is not a search. Observations are made from a place where the officer has a right to be. Exigency circumstances searches - correct answer ✅Emergency situations requiring swift action to prevent imminent danger to a persons life or safety, serious damage to property, imminent escape of a suspect, imminent destruction or removal of evidence Scope of Search Incident to Arrest - correct answer ✅A search incident to a custodial arrest may include: a full search of the arrestee's person containers on the arrestee's person the nearby physical area that was under the immediate control of the arrestee (sometimes referred to as "within arm's reach") custodial arrest - correct answer ✅Arrest in which the suspect will be
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transported to a station, jail, detox center, juvenile hall, or school "Arms reach" rule - correct answer ✅Officers may search any area that is or was reasonably within the arrestees control. This includes: grab a weapon, obtain any item that could be used as a weapon, or destroy evidence. Protective Sweep - correct answer ✅Brief search of a house or building to look for individuals only
