NC BLET ARREST, SEARCH AND SEIZURE EXAMS AND STUDY GUIDE |CURRENTLY TESTING EXAMS |WITH, Exams of Nursing

Download NC BLET ARREST, SEARCH AND SEIZURE EXAMS AND STUDY GUIDE |CURRENTLY TESTING EXAMS |WITH and more Exams Nursing in PDF only on Docsity!

NC BLET ARREST, SEARCH AND SEIZURE EXAMS

AND STUDY GUIDE |CURRENTLY TESTING

EXAMS |WITH ACTUAL CORRECT QUESTIONS

AND VERIFIED DETAILED RATIONALES

ANSWERS 2024 (NEWEST) ALREADY GRADED A+

what are the two types of law? substantive (officer) and procedural (lawyer) the person whom has "_________ __________" over a vehicle, home, effects may grant LEO consent to search. "apparent control" If someone gives consent to search their car, and while searching, they tell you to stop, what do you do? immediately stop your search absent of any other legal justification. Are search warrants needed for abandoned property or trash on the side of the road? no Search warrants must be executed within ______ hours of the time they are signed by a judge, and once executed must be immediately returned to the clerk of court of issue 48 List some of the types of Criminal Processes:

• citation-officer issued summons to court for misd/infractions *warrant-judicial issued arrest process for mid/felonies *order for arrest-judicial issue order for arrest *criminal summons- judicial issued citation for misd/infraction What type of judicial officials can issue search warrants??

1. magistrates
2. district court judge
3. superior court judge
4. appellate court judge 1st Amendment Freedom of Religion, Speech, Press, Assembly, and Petition what is the necessary burden of proof for investigative or traffic stop?

reasonable suspicion Miranda warning should be given when? Given in custody or in custody for interrogation. Pyramid: just doesn't feel right, gut feeling, hunch, hinky Voluntary Contact & observe further Pyramid: Terry v Ohio (stop and frisk) Reasonable Suspicion Constitution of U.S. (arrest and search) Probable Cause Proof beyond Convict authority What are the rules for the line up and show up procedures for the Eyewitness Identification Reform Act???? taking action, crimes LEO can enforce Substantive law lawyers need to know to follow in court procedural law habeus corpus can't hold people w/o PC, have the body, have the charge Trial, tried by jury of peers Jury be able to be present in front of your accuser and represented Bills of Attainder Ex post facto laws "after the fact," laws that make an act illegal after it was performed first 10 amendments are called what? Bill of Rights What is the first amendment? Freedom of Religion, Speech, Press, Assembly, and Petition

What is the 2nd amendment? Right to bear arms What is the 3rd amendment? No quartering of soldiers What is the fourth amendment? search and seizure What is the 5th amendment? right to remain silent, no double jeopardy, due process What is the 6th amendment? Right to a speedy and public trial, the right to face an accuser, the right to call witnesses, and the right to an attorney. What is the 7th amendment? Right to trial by jury What is the 8th amendment? Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. What the 9th amendment? right of privacy in marriage, interstate travel, participate in political activities w/o infringement What is the 10th amendment? Powers not granted to US gov't to states or ppl some posers reserved for the states are laws regulating marriage, educational systems, corporate charters, voting qualifications and police powers What is the 14th amendment? States are subservient to federal law due process of law & equal protection of the laws _____________refers to the geographical area in which a LEO is empowered to act. Territorial jurisdiction _________ ofc may arrest anywhere within state statewide Who can arrest anywhere in the state of NC? SHP, DMV, SBI, ALE, Wildlife, DPS

Jurisdiction to types of crimes for which ofc are authorized to arrest is called what? Subject matter jurisdiction Who has limited subject matter jurisdiction? SHP, DMV, wildlife, pp Who can arrest for any crime w/i NC? ALE, SBI, SO, City, ABC, company police ofc, campus PO ofc can pursue as long as it is continuous pursuit w/o stopping anywhere in nc OR outside of NC only if in the following states: GA, VA, SC, TN for suspect felony committed in NC immediate & continuous pursuit (3) white males (1) wearing a trench coat bulding, roobbery committed describing this group, ofc frisked searched trench coat guy and found shotgun because he saw the coat bulging out, defendant said he did not have probable cause, judge said he had reasonable suspicion Terry V. Ohio Set of facts and/or circumstances that would lead a reasonable (prudent, trained, experienced) LEO only to believe a crime is/was/about to be comitted Reasonable suspicion set of facts and /or circumstances that would lead a reasonable person to believe that a crime is/was/about to be committed probable cause Can't charge for larceny (F) out of your presence, only shoplifting (M). Walmart security love to tell LEO to charge for larceny. Charging for larceny or not to charge? Warrantless arrest on view Felony arrest: can arrest in your presence or out of presence misdemeanor arrest (you see them do it in real time) An arrest warrant is necessary to arrest a person for a misdemeanor unless it is a violent misdemeanor or was committed in the officer's presence. misdemeanor outside your presence Can't arrest unless under the circumstances:

1. shoplifting
2. Dwi
3. DV (assault, DV criminal trespass, Violation of 50B order)

4. violation of pre-trial release
5. if not arrested immediately, the suspect would evade later apprehension (if they can't provide proper id)
6. if not arrested immediately, suspect may injure persons/property what are the procedures following arrest?
7. present to magistrate
8. must allow communication with lawyer, family, and friends
9. notify juvenile parent/guardian
10. notify school principal if the juvenile is involved in Felony
11. seek medical assistance, if needed 6.Care for minor children
12. consular notification for foreign national
13. interpretor for hard hearing/deaf arrestee immediately what is the General statute for non-deadly force? 15A-401(d)(1) What is the general statute for deadly force? 15A-401(d)(2) What is the case law whereas the ofc violated or obtained evidence unlawfully and it was dismissed in court? Matt V. Ohio List some types of warrantless searches?
14. entering private premises
15. open fields (not on the curtilage)
16. abandon property
17. garbage
18. plain: view, smell, touch
19. special devices
20. consent
21. exigent circumstances
22. urgent necessity (15A-285...not performing LEO actions but needs to prevent further damage or possible damage i.e. tillman and kid having seizure was placed in handcuffs w/o RS/PC
23. search incident to arrest (anywhere in their wingspan/lunge)
24. frisk a vehicle, person, building
25. vehicle searches (carroll doctrine)
26. protective sweep
27. vehicle inventory What limitations does a magistrate have with issuing a warrant? can only issue warrant for the county they are in

What limitations does the district court judge have with issuing a warrant? can only issue in NHC and Pender county what limitations does the superior court, appellate court, and NC supreme court with issuing a warrant? only statewide This general statute specifies who may execute a search warrant G.S. 15A- This general statute states how many hours the warrant must be served in. GS 15A- How many hours must a warrant be served with in? 48 The ofc executing a search warrant must, before entering the premises, give appropriate notice of his identity and purpose to the person to be searched, or the person in apparent control of the premises to be searched GS 15A- Service of warrant and no one is in the house, do you still have to read? no Persons on premise, public place (search warrant) you can only detain/arrest ppl on warrant Persons on premise, private place (search warrant) You can detain everyone within the immediate area Search Warrant: special cases... who can obtain the search warrant? District attorney or ADA for search and seizure List some special cases for the DA to obtain a search warrant for:

1. obscenity offenses
2. crime scene
3. anticipatory search warrants: "getting package from mail man (undercover cop)"
4. electronic equipment
5. financial records (consent, search warrant, public record, subpoena)
6. Body cavity searches What is Non testimonial evidence? Fingerprints,Hair,Blood,Urine, Silvia,Photographs

Describe NTO: evidence is physical evidence taken from the body of a person for comparison with evidence found at the crime scene to develop PC that this particular suspect committed the offense How many hours must NTO be served? 72 Who can apply for NTO Search Warrant for RS? DA Interrogation law: 5th amendment, Miranda V. Arizona protection against self-incrimination What is the two triggers for interrogation law, Miranda?

1. in custody
2. interrogate while in custody

• both required to read rights (Miranda warnings) noncustodial interrogation Voluntariness= totality of circumstances:

• ofc conduct -suspects mental & physical condition
• suspects prior police contact -interrogation environment -# of ofc present -suspects age and intelligence Juvenile Miranda Rights legal rights (right to remain silent, to have a lawyer present, to have a parent present, etc.) which an officer must advise a juvenile of when being interviewed or arrested Once a suspect has invoked (invocation of rights to counsel) his right to counsel under Miranda, ofc. may re-initiate further custodial interrogation only in (1) following: a) lawyer present b) suspect initiates communication c) custodial interrogation following 14 day break in custody What is the 6th amendment about? Messiah rights, it is charge specific, right happens when they have seen the magistrate How many pictures for Eyewitness identification must have? 6 photos: 5 filler and 1 suspect

What are the items needed for NC eye witness identification reform act?

• eye witness -fillers
• independent administrator -line-up -show-up What is an independent administrator? Someone who has no clue about the case or suspect. ie patrol ofc What is a show up? Close in time to offense and proximity of location crime occurred, conduct near crime scene, transport victims to the suspect and have identify What is a line-up? 6 persons, not suggestive, voice and clothing similar to , separate multiple witnesses, document event with photo Three Sources of Law Constitutional Law Statutory Law Common Law Constitutional Law The supreme law of the land. All other laws must comply with the basic constitutional provisions. Statutory Law Declares, commands, or Prohibits something. The written will of the politically elected legislature. Common Law Judge Made Law Tradition based "Case Law" Types of Law Substantive Law Procedural Law United States Constitution Divided into Seven Major Articles. US Constitution Article VI/Supremacy Clause

The Constitution, laws, and treaties of the United States are the supreme law of the land. Judges of every state are bound by the US Constitution regardless of contrary state law. This article also requires all legislative, executive, and judicial officers of both the states and the United States to take an oath to support the Constitution. The Four Procedural Safeguards Habeas Corpus Jury Bills of Attainder Ex Post Facto Laws Bill of Rights First Ten Amendments to the U.S. Constitution Due Process Clause (Historical) Applied most of the safeguards in the bill of rights to the States. First Amendment Freedom of Religion-Government may not require or enforce religious observations. Free exercise but criminal acts may be excluded(example- use of Peyote during religious ceremony) Freedom of Speech-Freedom of expression(Time place manner), -Symbolic Speech(Burning the American Flag) Freedom of the Press- Protects the right to gather and receive information Freedom of Assembly and Petition- Citizens may PEACEABLY assemble and petition the government for a redress of grievances. Restrictions on Free Speech Panic exciting speech (Shouting FIRE in a movie theater) Types of Speech with No First Amendment Protection Obscenity Fighting words Threats Incendiary Speech The Second Amendment States that Congress shall not infringe on the right of the people to bear arms. Third Amendment (Historical) Prevents the quartering of troops in private residences. Fourth Amendment Prohibits unreasonable searches and seizures by the government.

Exclusionary Rule Any evidence obtained by the government through an illegal (unreasonable) search and seizure is inadmissible in court. Fifth Amendment Protects from- Double Jeopardy Self-Incrimination(Persons may waive this right after they are notified of their rights((Miranda)). Due Process-Applies to the federal government only in this amendment. Sixth Amendment Gives an accused certain fundamental rights in criminal prosecutions. Grants the rights to a speedy and public trial, right to an impartial jury, right to face ones accusers, right to be informed of the nature and cause of the accusation and right to legal process to compel the appearance of witnesses. GRANTS THE ACCUSED RIGHT TO COUNSEL Sixth Amendment grants the right to___________? Counsel Seventh Amendment Preserves the right of trial by jury in civil cases. Provides for a trial by 12 people. Eighth Amendment Protects from excessive bail Protects from Cruel and Unusual Punishment Ninth Amendment Additional rights not listed in the first eight amendments. Tenth Amendment Reserves the powers not granted to the United States Government to the states or the people. Fourteenth Amendment Due process of the Law Equal Protection of the laws(government only) Two types of Due Process Procedural Due Process Substantive Due Process Procedural Due Process Guarantees that the government will not take a persons life, liberty, or property interest without notice and a meaningful opportunity to be heard.

Substantive Due Process Guarantees that the notice,hearing, and result are fair Due Process guarantees ________,____________, and _____________? A right to counsel A right to speedy and public trial A right to be free from the use of unlawfully seized evidence and unlawfully obtained confessions. Two types of Jurisdiction Territorial Subject Matter Statewide Jurisdiction Has North Carolina in the name North Carolina State Highway Patrol North Carolina Wildlife enforcement North Carolina Division of Motor Vehicles etc. Local Jurisdiction Sheriffs and their Deputies-May arrest in the county, on county property outside the county, and anywhere in the state for felony committed in the county. City Police Officers-May arrest in the city in which they serve, in the area within one mile of city limits, and on city property outside the city. Company and Campus Police Jurisdiction May arrest on property owned by their employer May arrest anywhere on campus and property owned by the college/university as well as portions of public roads passing through or immediately adjoining their property. Immediate and Continuous Pursuit Officer must continue the pursuit and not stop to do something else. Officers may pursue and arrest outside North Carolina only-In Georgia, Virginia, South Carolina, and Tennessee. For a suspected Felony committed in North Carolina Subject Matter Jurisdiction Refers to the types of crimes for which officers are authorized to arrest. Limited Subject Matter Jurisdiction Highway Patrol DMV Officers

Wildlife Enforcement Officers Probation and Parole Officers Mutual Aid Agreements Several statutes allow the head of one law enforcement agency to provide temporary assistance to another agency upon its written request. Crimes committed in other states NC Law Enforcement Officers may arrest a person who flees to NC after the person has committed a misdemeanor or felony in another state if the officers obtain a fugitive warrant. Foreign Diplomats Generally granted diplomatic immunity A person has been "seized" when...? Under the circumstances a reasonable person in their position would not feel free to walk or drive away from the Law Enforcement Official. A person is arrested when..... When they submit to an arresting officer OR When their freedom of movement has been significantly deprived (functional Equivalent) The more intrusive the government conduct, the more ____________ __ _________________ _____________ is required in order for it to be deemed reasonable? Proof of Criminal Activity Voluntary Encounter Police encounter where a reasonable person would feel free to walk away Person is under no obligation to answer questions or identify theirself A seizure occurs when.... A Law Enforcement Officer applies physical force to a suspect Issues a command(STOP) and the subject complies Or when a reasonable person would not feel free to ignore the police presence and go about their own business Reasons an Officer may conduct a seizure.. Officers observation in light of his training and experience Information received from other officers/civilians Time of day or night Whether it is in a high crime area Proximity to crime

Whether suspect is a stranger to the area Reaction to officer; including flight Officers knowledge of suspects prior criminal activity or record Flight from scene of crime Actions matching a profile of criminal behavior Investigative Stop The purpose of an investigative stop is to determine if there is probable cause to believe that A crime has or is being committed

The suspect has probably committed the crime Legal Standard for Investigative Stop Reasonable Suspicion Reasonable Suspicion Minimum level of objective justification More than a hunch but less than probable cause During an investigative stop, if the officer can articulate that his safety is in jeopardy and the suspect may be armed, he may______________ the subject. Frisk Arrest An arrest is a seizure for the purpose of initiating criminal prosecution. An arrest is complete when....... The suspect submits to the control of the arresting officer who has indicated his intention to arrest, or the arresting officer with intention to arrest, takes a person into custody by the use of physical force Legal Standard for arrest Probable Cause Probable Cause as defined by the US Supreme Court The facts and circumstances within the officers knowledge and of which the officer had reasonably trustworthy information were sufficient to warrant a prudent person in believing that the suspect had committed or was committing an offense. A private citizen may detain an offender if.... The citizen has probable cause to believe the offender committed a: Felony Offense involving a breach of the peace

An offense involving physical injury to another An offense involving theft or destruction of property May a private citizen assist a Law Enforcement officer? Yes but they are not obligated to Arrest Warrants Valid thru-out the state Issued and signed by a judicial official Names or Describes the defendant Must be returned after 180 days if not served but still valid after that If electronic warrant than printed copy must be destroyed after 24 hours if not served Making Arrests with a warrant An officer having a warrant in his possession may arrest the person named or described therein at any time and at any place within the officers territorial jurisdiction Arrests without an arrest warrant sometimes known as.... On-view arrest Warrant less arrest Arrests without an arrest warrant An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officers presence Arrests without a warrant for offenses committed out of the presence of the officer May arrest any person the officer has PROBABLE CAUSE to believe Has committed a Felony Has committed a misdemeanor;and will not be apprehended unless immediately arrested, may cause physical injury to himself or others,or damage to property unless immediately arrested Has committed the Misdemeanor offense of concealment of merchandise, domestic criminal trespass, impaired driving, or impaired driving in a commercial vehicle. Has committed the misdemeanor offense of simple assault, simple assault and battery, simple affray, assault inflicting serious injury or using a deadly weapon, assault on female, or assault by pointing a gun in a personal relationship(domestic) Has committed the misdemeanor offense of violation of a valid domestic violence order Has violated a pretrial release order Statutory Requirements upon arrest Identify himself as a Law Enforcement Officer unless his identity is apparent Inform the suspect he is under arrest As soon as possible inform the suspect of the cause for the arrest, unless the cause appears evident Criminal Summons

Charges a crime and orders the accused to appear in court on a designated time and date to answer the charges against him. Magistrates order A document that charges someone with a criminal offense. A traffic citation may be converted into a magistrates order FTA Failure to Appear OFA Order for Arrest Citation A directive issued by a Law Enforcement officer that a person appear in court and answer a misdemeanor or infraction charge or charges Officers role in seeking an issuance of criminal process Officers must appear in person before a magistrate to present under oath the facts which justify the issuance of the warrant or other process charging a criminal offense or offenses. Entering Private residences to arrest Without consent or exigent circumstances, the arresting officer must: have an arrest warrant in his possession and probable cause to believe the defendant is inside A copy of the warrant or order will be sufficient to arrest when? When the original warrant or order is in the possession of a member of a Law Enforcement Agency located in the county where the officer is employed and the officer verifies with the agency that the warrant is current and valid Officers must___________ ____ ___________ knock and announce before entering a home to serve a warrant Knock and Announce When officers want to enter the defendants or a third parties house to arrest the defendant they may not need an arrest or search warrant if they receive consent to enter______ From someone who has the authority to give it Factors to consider in determining if exigent circumstances exist include...... Hot pursuit of a suspect Danger to the public or Law Enforcement officers outside or inside the dwelling if an immediate warrant less entry is not made The need to prevent the imminent destruction of evidence

Whether the suspect is armed The gravity of the offense for which the suspect is charged When arresting a juvenile__________ Must immediately notify parent or guardian Must notify parent or guardian of the charges Notification to the principle of a school must be made within ___ days? 5 days After arrest an officer should Seek medical assistance for suspect if necessary, and otherwise monitor the physical well-being at all times while the suspect is in your custody Foreign National Anyone who is not a US Citizen who is on US land Any officer who willfully omits or misrepresents evidence or information may be charged with____________? Class H Felony Types of Force Non-deadly Force Deadly Force Use of non-deadly force G.S. 15a-401(d)(1) May be used when it is REASONABLY NECESSARY to: Prevent the escape from custody or effect the arrest of a person who he reasonably believes has has committed a criminal offense Defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to arrest or while preventing or attempting to prevent an escape USE OF FORCE MUST BE OBJECTIVELY REASONABLE UNDER THE TOTALITY OF CIRCUMSTANCES Deadly Force G.S. 15a-401(d)(2) Must be Reasonably Necessary To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force To prevent the escape from custody who he reasonably believes to be escaping by using a deadly

weapon To effect an arrest or prevent an escape from custody of a person who, by his conducts or any other means, indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay DOC-To prevent the escape of a person from custody as a result of the conviction of a felony Safest and clearest authority for the use of deadly force? Defense of self or others 4th Amendment protects a citizen from... Unreasonable searches and seizures where the citizen has a reasonable expectation of privacy Legal Standard for a search warrant Probable Cause Under the 4th Amendment all searches and seizures must be________________? Reasonable Search A search occurs when an officer intrudes into a place where the citizen has a reasonable expectation of privacy The 4th Amendment only protects a ________ expectation of privacy. Reasonable Cutilage The Driveway, back deck, flower garden immediately next to the house, unattached garage, storage shed, etc. (rule of thumb is 45 feet from house) Open Fields are _________ protected by the 4th Amendment NOT Abandoned Property Abandoned property is property in which a person has intentionally relinquished any interest. Garbage Once placed outside the curtilage for collection the owner loses any expectation of privacy Plain View Doctrine Officers must be lawfully in a position to view the object The incriminating nature of the object must be immediately apparent The officers have a lawful right to access the object NOTE ON PLAIN VIEW DOCTRINE

Plain view doctrine does not necessarily authorize a warrantless entry into private premises. The plain view doctrine merely provides an observation an officer can use to establish probable cause. Plain View and Plain Touch Plain view doctrines still apply. Incriminating nature of objects must be immediately apparent. Consent to Search Can only be given by the person who has apparent authority of the premises. Scope of search If not specified by person who gave consent or warrant it is where a reasonable person would expect a search to occur If one party consents to a search and another does not the officer must________? Honor the word of the disagreeing party and not search A spouse or roommate may only give consent for_____? Common area and room for which they are personally responsible. They MAY NOT consent to a search of a roommates/spouses personal room. Only a tenant not the landlord may consent to a search of a rented room, apartment, or home. T or F True Homeowner may consent to search of entire home EXCEPT for the area set apart for __________________? The uses of a guest (Guest bedroom which a guest occupies) Employers may give consent to search their entire property except for areas where employees have______________? Reasonable expectation of privacy/where the employer has relinquished control (personal office, desk, or locker) Officers cannot rely on the word of a school principle to search a students locker. T or F True-A school principle may search the locker without a search warrant if there is reasonable suspicion to believe it contains illegal items True or False- The driver OR registered owner of a vehicle may consent to a search of the vehicle? True-The driver may give consent even if they are not the registered owner. The registered owner may give consent even if the driver objects. Consent must be________________?

Voluntary Consent must be clearly expressed and given with the knowledge that a search would follow. Consents obtained thru coercion or duress are invalidated by court Exigent circumstances to search BOTH A. Probable cause to search AND B. A likelihood that absent immediate action officers could be endangered or evidence could be removed Factors to consider when determining whether exigent circumstances exist to enter and search a home

1. Whether officers had probable cause to obtain a search warrant before the exigency was created
2. Whether officers had an objectively reasonable belief that destruction or removal of evidence was evident
3. The seriousness of the offense for which the officers are searching
4. How long it would have taken to obtain a search warrant Once the officers have entered a home and secured the area such that exigent circumstances no longer exist, they must then _____________________________________________________? Leave and obtain a search warrant Urgent Necessity Officers may enter a home without a warrant or consent if entry is required because of an exigent circumstance or to save a life, prevent injury, or protect property. G.S. 15A-285 provides emergency authority When an officer reasonably believes that doing so is urgently necessary to save a life, prevent serious bodily harm, or avert or control public catastrophe the officer may: Enter buildings,, vehicles, and other premises Limit or restrict the presence of persons in premises or areas Exercise control over the property of others The Carroll Doctrine Motor Vehicle Exception-If officers have probable cause to search a vehicle for evidence, and the vehicle is in a public place, the officers may seize and search the vehicle without a search warrant. If probable cause exists to search the vehicle they may also search containers within the vehicle if it is reasonable to suspect the item may be found within one of the containers. Search Incident to Arrest Regardless of the offense leading to the arrest, officers have the AUTOMATIC right to search the arrested person and their lungeable area incident to the arrest. Protective Sweep of a Home When officers arrest a person in a home they may perform a "protective sweep" of the premises. Such a sweep is limited to areas from which an attack could be launched. Such an attack is authorized if the

offenders have an articulable, reasonable suspicion to believe that the place to be searched may harbor a dangerous person. Officers have no right to search incident to a ___________? Citation An officer may frisk a person when he has an articulable reasonable suspicion that the person may be ___________________? Armed and Dangerous The officer who executes a search warrant does not have to be the officer who applied for the warrant. T or F True Who may issue a search warrant? ONLY Judicial officials may issue a search warrant Appellate and Superior Court judges may issue search warrants that are valid anywhere in the state District court judges may issue warrants valid in their district Clerks and Magistrates may issue search warrants valid within their county AOC Administrative Office of the Courts The original copy of a warrant must be_______? Executed, Signed, and returned to the clerk. Application for a warrant should contain____? The AOC Form Description of property to be seized Identify the Crime committed Describing the property to be searched Warrants-Stolen Property Serial Numbers Detailed description of property Inventory from reports Photos from victim Warrants-Weapons Manufacturer Model Serial Number Identifying Features

Warrants-Evidence of Ownership or Posession Letters, Checkbooks, bills, leases, and other documents Key to premises or vehicle Prescription bottles Warrants-Controlled Substances Specific drugs should be stated "to include, but not limited to..." No specified amount should be stated Drug paraphernalia(bongs, needles, rolling paper, etc. ) Warrants-Persons Name and Alias Sex, Race, Height, Weight, Hair Color, Eye color, scars, tattoos. Warrants-Property to be Searched Street Address (Legally "Premise") Vehicles under control of one of the occupants( CYMBAL-Color-Year-Make-Body-And-License number) Warrants-Probable Cause Affidavit Officers Background-Agency, background, years in Law Enforcement, Years in current assignment, certification and special training, education, knowledge of particular offense Sources of Information-Personal Observation, Hearsay Statement(other officers, citizens, etc.)-Should contain information as to why this information is credible Warrants-Presentation to Judicial Official The judicial Official must make an independent judgement that there is probable cause. The search warrant must advise the judicial official of facts sufficient to establish probable cause to believe the items sought will be located in the place to be searched, not merely an officers conclusions. Search Warrants-Execution G.S. 15A-247 States that a search warrant must be executed within 48 hours or it is void. Search Warrants-Execution-Entering Premises Must give appropiate notice of his identity and purpose to the person to be searched, or the person in apparent control of the premises to be searched. Search Warrants-Service Officers may secure the premises and occupants after making entry. If no-one is present at the address they do not have to read the warrant aloud to an empty house however they must leave a copy affixed to the premises or vehicle to be searched. Search Warrants-Scope of the Search

Officers may search anywhere on the premises, including outbuildings and containers in which the items may be contained. Search Warrants-Public Places Officers may only detain and frisk people named in the warrant. Search Warrants-Private Places Officers may detain anyone on the premises. They may only search people not named on the warrant if they have already searched the entire premises and not found the items and the items could reasonably be concealed on the unnamed individuals. Search Warrants-Return of the executed warrants Once executed the officer must without unnecessary delay return the warrant to the clerk of issuing court along with an inventory of items seized. Search Warrants-Disposition of seized party Property seized pursuant to search warrant must be held in custody of the officer who applied for/executed the warrant. The officer may use his departments facility to store the evidence. The officer may deliver the property to another law enforcement agency for the purpose of testing or analyzing the property. Search Warrants-Obscenity Only upon request of a district attorney or assistant district attorney can an officer apply for a search warrant to search for and seize obscene materials. Exigent Circumstances Are those that create a reasonably objective belief that absent immediate action,officers could be endangered or there is an imminent risk that evidence could be removed or destroyed. Exigent Circumstances NOTE* -ONCE THE INITIAL SWEEP FOR PERPETRATORS AND VICTIMS IS COMPLETE, AND ANY IMMINENT RISK TO EVIDENCE CONTROLLED, ABSENT VALID CONSENT OR TRULY EXIGENT CIRCUMSTANCES,AN OFFICER SHOULD OBTAIN A SEARCH WARRANT BEFORE SEARCHING FURTHER. Anticipatory Search Warrant An anticipatory search warrant this is issued prior to all of the facts and events taking place that create the probable cause to search. Anticipatory Search Warrants-Conditions Must set out explicit, clear, and narrowly drawn triggering events that must occur before execution of the warrant may take place. These triggering events, from which probable cause arises, must be A. Ascertainable B. Preordained

A search may not occur until and unless the event occurs The warrant should state on its face "Anticipatory Search Warrant" A search warrant may be issued for the search and seizure of electronic devices. T or F True Law Enforcement can access a individuals financial records by five methods...

1. Customer authorization
2. Search warrant
3. Pending litigation
4. State grand jury subpoena or court order
5. Other court order or subpoena Search Warrant for Body Cavity authorize a _________________________ to search a body cavity for concealed drugs. Health Care Professional Administrative Inspections During an administrative inspection the role of the Law enforcement officer is to stand by and keep the peace. Resisting officers is a misdemeanor Administrative Inspections Evidence Evidence of a crime obtained during administrative inspection is inadmissable in court Fire Scenes While fire suppression activities are continuing and government officials retain control of the fire scene on private premises,warrantless inspection of the fire scene to determine cause and origin is permitted. Non-testimonial Identification Physical evidence taken from the body of a person for comparison with evidence found at the crime scene to develop probable cause that this particular suspect committed the crime. Non-testimonial identification: Suspect In-Custody Voluntary consent Search warrant Warrantless seizure incident to lawful custody Non-testimonial identification:Suspect not in custody Voluntary Consent Nontestimonial identification order Search Warrant Nontestimonial identification orders

Can be an effective investigative tool if the suspect is not in custody Nontestimonial Identification orders are only to be used for obtaining nontestimonial identification What is nontestimonial evidence? Fingerprints, palm prints, footprints Dental characteristics, tooth impressions Hair samples, Urine specimens, saliva samples Handwriting and voice samples Photographs, measurements, and skin characteristics Line-ups Or similar identification procedures requiring the presence of a suspect When can the nontestimonial identification order be requested? Prior to arrest After arrest Prior to trial The nontestimonial identification order cannot be requested if the suspect is in custody. T or F True Who can issue a nontestimonial order? Any judge can issue a nontestimonial order A magistrate or clerk can issue a nontestimonial order. T or F False- A magistrate or clerk cannot issue a nontestimonial identification order Sufficiency of the Affidavit Affidavit must show all three of the following Probable cause to believe a felony offense or a Class A1 or Class 1 Misdemeanor has been committed Reasonable grounds to suspect that the person named or described in the affidavit committed the offense Results of the specific nontestimonial identification procedures will materially aid in determining whether the person named in the affidavit committed the offense. The 72 Hour Rule A nontestimonial identification order must be served at least 72 hours before the time designated for the nontestimonial identification procedure to be conducted Request for modification of the 72 Hour Rule If the nature of the evidence makes it likely that the delay will adversely affect its probative value, or when it appears likely that the person named in the order may destroy, alter, or modify the evidence or may not appear, the prosecutor may request modification of the 72 hour notice requirement. The Rights to Counsel

The right to an attorney is a statutory right, unless the Sixth Amendment right to counsel has attached by appearance before a magistrate, indictment, or first appearance. The Role of Counsel The role of counsel is to advise the client, not to interfere with the procedure The right to counsel can be waived Who may conduct the nontestimonial identification procedure? Any law Enforcement officer or other person designated by the judge issuing the order A qualified member of the health profession must extract bodily fluids authorized by a nontestimonial identification order A person cannot be detained for a nontestimonial identification order for longer than_________ hours unless arrested. 6 Hours Resisting a nontestimonial identification order A person who resists compliance with the order MAY be held in contempt by the judge A nontestimonial identification order may not be issued against a person previously subjected to a nontestimonial identification order unless based on different evidence which was not reasonably available when the previous order was issued. T or F True Return of the nontestimonial identification order Within 90 days the order must be returned to the judge who issued it or a judge designated on the order The person must set forth an inventory of the products of the procedure A copy of any results from the nontestimonial procedure must be provided to the suspect as soon as possible Juvenile nontestimonial identification The EXCLUSIVE PROCEDURE for obtaining nontestimonial evidence from a juvenile. CANNOT obtain nontestimonial evidence without a court order from the supreme court Juveniles 10 and up may be fingerprinted and photographed if the juvenile committed what kind of offense? Nondivertible offense Violation of the nontestimonial identification procedures is a_________________? Misdemeanor Whenever a suspect gives a written or oral statement it is either______________________ or ____________________________?