Flashcards in Detaining/Questioning/Search & Seizure Deck (15)
Definition: A record intended to provide a way to let sworn members know of an interest to interview the individual named in the record.
Contact and Advise
Definition: Required for the towing and protective custody of any vehicle.
Definition: An emergency demanding immediate action by a sworn member with insufficient time for the sworn member to obtain a search warrant or court order.
Definition: A pat down by a sworn member of the outer clothing of a person in an attempt to discover weapons which might be used to assault the sworn member, based on reasonable suspicion to believe that a person may be armed and dangerous.
Definition: Evidentiary exception applying to items that are immediately apparent while conducting a frisk to be contraband to the sworn member by sense of touch.
Plain Feel Exception
Definition: If a sworn member is at a place where they have a right to be and observes in plain view objects which they have probable cause to believe, and are immediately apparent as contraband or fruits or instrumentalities of crime, those items may be seized without a warrant.
Plain View Doctrine
Definition: A set of facts and circumstances available to the sworn member upon inquiry which warrants a person of reasonable prudence and caution to believe that certain items may be contraband, stolen property, or subject to seizure as evidence of a crime or that a crime has been committed and that the suspect has committed the crime.
Definition: Circumstances when a sworn member may justifiably approach a person for purposes of investigating possible criminal behavior even though there is no probable cause for arrest.
Definition: An individual who in the pat has provided reliable information to the sworn member which aided in the arrest for, or prosecution of, a crime.
Definition: A visible and/or physical examination of a person's house, place, or personal property where the right of privacy is expected, or of the person, with the intent to discover contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which the person is charged.
The examination of outer clothing cannot exceed a frisk unless what is believed to be a ________ is discovered.
When an adult has been taken into police custody or is otherwise deprived of their freedom of movement in any significant way, it will be the duty of the sworn member initiating custodial questioning to give the ________ _________.
What is it called when an individual understands the Miranda Warning and still wishes to talk without consulting a lawyer.
True/False: When multiple individuals who possess common authority are present, and one individual does not agree to the search, you may still conduct the search based on consent.
False - you cannot conduct the search based on consent