A "seizure" of a person occurs:
(1) when a peace officer physically applies force or (2) when a person voluntarily submits to a peace officer's authority.
the search or seizure must be ______, rather than merely an _______
T or F
When it comes to cars, the driver of a vehicle probably does have standing to attack the validity of a trunk search, whereas a passenger normally does not.
A "consensual encounter" is a contact between an officer and an individual that is strictly ________
The key element is that the person remains totally free to leave or not cooperate.
The Exclusionary Rule
- When challenged, the legality of a search or seizure normally is decided prior to trial, either as part of the preliminary hearing or at a separate pretrial suppression motion, or both.
the court makes two separate determinations.
- First, whether the police acted legally, that is, whether the search or seizure was reasonable or unreasonable.
- Second, if the court finds that the search or seizure was unreasonable, it must then decide whether the evidence must be excluded at trial.
the "Fourth Amendment does not mandate that police officers act _________, but only that they act __________."
T or F
Merely approaching someone is not a "detention."
Warrantless searches and seizures are presumptively illegal. Unless any of he exceptions are met.
1. Consent searches
2. Emergency Searches - exigent circumstances
3. searches incident to an arrrest
When you deal with a member of the public, the law will classify it as what three things?
either a "consensual encounter ," a "detention," or an "arrest."
A defendant must establish ________ to move for the suppression of evidence.
A temporary ________ or _______ is an exertion of authority that is something less than a full-blown arrest but more substantial than a simple "contact" or "consensual encounter."
A _______ occurs whenever a reasonable--and innocent--person would believe he is not free to leave or otherwise disregard the police and go about his business.
patting-down someone does not constitutes a detention
False - does constitute a dention
does the statement "I am going to patsearch you" constitute a detention?
T or F
the use of high beams and spotlights--does not, in itself, amount to a detention .
T or f
The First District Court of Appeal has held that the use of a patrol spotlight combined with the officer "rushing at" a person on the street and asking about the person's "legal status" (if he was on probation or parole) amounted to a detention .
Before a "detention" exists in the law, is it necessary that the person actually submits to your assertion of authority?
"a person is not 'seized' within the meaning of the Fourth Amendment unless he or she is somehow physically restrained or voluntarily submits to a peace officer's authority."
The purpose of a _________ is to resolve whether suspicious behavior is "innocent" or relates to crime.
For an investigative stop or detention to be valid, you must have _____________
You may seize any object that is in plain view, as long as:
- you have a lawful right to be in the place from which you are viewing the object;
- the incriminating character of the object is immediately apparent, i.e., you have probable cause to believe it is crime related; and
- you have a lawful right of access to the location of the object.
"Reasonable suspicion" is evaluated based on ___________
Can a detention be based solely on a hunch, rumor, intuition, instinct, or curiosity.
No. You must have specificfacts justifying your suspicion, and you must be able to articulate these to a court.
T or F
patting down someone constitutes a detention
T or F
A suspect's failure to identify himself, cannot, on its own, jsutify an arrest
T or F
a peace officer may conduct a limited search of the person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others."
What are two other ways to lawfully conduct a patsearch--or a complete search --for weapons or drugs.
The first is if you have probable cause. The second is if you obtain a valid consent from the suspect
On June 25, 2014, a unanimous Supreme Court ruled that digital data in cell phones __________be searched incident to an arrest.
may or may not
Without a showing of _____________or some other exception to the warrant requirement, a search warrant is required to search the data in a cell phone.
"knock and notice"
before you enter (not while you enter) you must:
- knock (or do something else that will alert the people inside to your presence);
- identify yourself as a police officer;
- explain your purpose;
- demand entry and then wait a reasonable period before entering.