Peace Officer Legal Source Book *

Question 1

Where does if prohibit “unreasonable searches and seizures of the people, houses, and personal property?

Answer 1

4th amendment

Question 2

What are 3 examples of Warrantless Searches and Seizures?

Answer 2

Consent searches, Emergency (exigent circumstance) and searches incident to an arrest

Question 3

When does “detention” occur?

Answer 3

A detention 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

Question 4

When can you detain someone?

Answer 4

Your detention must be supported by reasonable suspicion. You CAN NOT detain on a hunch.

Question 5

During a detention, can you conduct a general, full search of the suspect?

Answer 5

NO, during a detention you have no authority to conduct a general, full search of a suspect. You may conduct a pat down for weapons, only on outer clothing, and only if you have specific facts which make you feel in danger.

Question 6

Do you have to give Miranda Warnings for possible DUIs for pre FST questions?

Answer 6

NO, because the suspect is only being detained at that point. For Miranda, you need “custody” and “interrogation”.

Question 7

How much force can you use in order to effect an arrest?

Answer 7

PC 835 states that you may use reasonable force to effect an arrest, overcome resistance, or prevent escape. A suspect may not resist an arrest even if it is unlawful. HOWEVER, if you use EXCESSIVE force to make the arrest, the suspect may lawfully resist with enough force to resist the excessive force.

Question 8

what areas can you search a subject for a custodial arrest?

Answer 8

You can search the arrestee’s person and the area around him. (The area and and objects under his immediate control) It includes containers, opened or closed. the search must occur at the same location at approximately the same time. (contemporaneous)

Question 9

Do you need a warrant to conduct a body search?

Answer 9

It MAY require a warrant. Warrantless body searches will be withheld if: There is probable cause to arrest the suspect, probable cause to search, need outweighs the intrusivness, exigent circumstances exist

Question 10

Can you apply a choke hold to prevent a suspect from swallowing evidence?

Answer 10

NOPE. a choke hold is illegel as excessive force. However Police may attempt to prevent swallowing, if it apears the suspect is attempting to swallow evidence, by exerting minimal pressure in the neck area, as long as the pressure doesn’t choke or impair the suspect’s breathing.

Question 11

What are our primary wources for Search and Seizure (not resources)

Answer 11

4th amendment and case law

Question 12

What does the term standing mean?

Answer 12

A resasonable expectation of privacy in item searched.

Question 13

Explain the thought process when applying the plain view rule to a scenario

Answer 13

Observaton: did the officer have a lawful right to be there, was it a plain view observation, is the item located in the protected place, and was it necessary to size the item?

Question 14

List the components of a search warrrant

Answer 14

affidavit, search warrant and return

Question 15

What is the best way to search?

Answer 15

with a search warrrant

Question 16

List the know and Notice requirements

Answer 16

Announce your presence, ID yourself, state your purpose, demand entry, and wait a reasonable time (must articulate circumstances present at the time to justify what was reasonable at the time)

Question 17

What are we looking for in an arrest warrant? What are the standard times for serving of a misdemeanor arrest warrant? What are the standard times for serving of a search warrant?

Answer 17

A person, times are 0600-2200 and 0700-2200 (without special endorsement)

Question 18

What does the 4th amendment state about warrantless searches?

Answer 18

Warrantless searches are presumed to be unlawful

Question 19

What are the 4 warrantless search exceptions?

Answer 19

Incidental to arrest, consent, probable cause as it pertains to vehicles only exigent circumstance

Question 20

Explain the difference between probation and parole searches

Answer 20

Paroless all have the same search condition (person, property under their control and residence), parole searches require reasonable suspicion, parole searches require a neus between the criminal activity and the search, probation searches do not require reasonable suspicion and not all probationers have search conditions

Question 21

When an officer books a firearm into evidence what reports are required to be submitted with the CHP 36, evidence/property receipt/report?

Answer 21

A copy of the CHP 216, 202 and/or 555, pages 1-3 is appropriate

Question 22

Officers serving a search warrant for stolen microwave ovens locate illegal narcotics in a kitchen drawer. Is this seizure of the narcotics admissible in court (No indicia of residency on this warrant)?

Answer 22

No, because the officers were beyond the scope of the search.

Question 23

Same mircowave scenario, except warrant is for child pronography. Is the seizure of the narcotics admissible in court? What rule allows this evidence?

Answer 23

Nexus Rule (officers must be engaged in a bona fide effort to execute the terms of the warrant. Contraband may initially be in plain sight or subsequently plain sight due to officers efforts.

Question 24

When may an officer do a pat down? What are we looking for?

Answer 24

Must have articulable fear of safety, limited search of out clothing, for weapons only.

Question 25

When may officers go into the pockets of a suspect during a pat down?

Answer 25

May remove hard objects that might be a weapon, based upon training and experience (pen guns, wallet guns, pager guns etc) OR may remove item if immediately recognizable as contraband.

Question 26

Can you search a person fo id?

Answer 26

Yes, if arrested for no id (incidental to arrest) if wallet visible, ask first, if they don’t fint it or refuse, officer may look (use common sense)

Question 27

When do we need consent to pat down a non suspect?

Answer 27

No duty to transport

Question 28

Duty to transport: do we need consent to pat dow non suspects?

Answer 28

No (use common sense)

Question 29

11-26 on a freeway: is that person in violation of ped on freeway?

Answer 29

No…see 21960VC

Question 30

What are the field showup requirements?

Answer 30

held shortly after crime occurs, bring victim or witness to suspect w/exceptions, avoid suggestiveness

Question 31

List the 4 exigetn circumstances categories covered under the warrantless entry exception

Answer 31

Protection of life, property, evidence and prevention of imminent escape of suspect

Question 32

List the requirements of Hot Pursuit

Answer 32

Arrest begins in a public place, establish the lements of 148PC, willfully resists, delays, or obstructs public officer, pearc officer or EMT in the discharge or attempt to discharge any duty.

Question 33

Describe a scenario depicting the proper application of fresh pursuit

Answer 33

Felony, danger to the public, reasonable belief person is a location, resonable time frame, sustantailly continuing investiagation (lead to lead)

Question 34

Blood evidence is left behind by a suspect at a murder scene. When the suspect is arrested he refuses to give a blood sample. May the officers force a blood draw?

Answer 34

No, in this case the blooddraw would be for typing or dna evidence, which does not fall under protection of evidence exception.

Question 35

An officer’s intuition tells him that a known gang member is responsible for a burglary. The officer detains the individual and forces him to give his fingerprint for evidence and then releases him. Were the fingerprints lawfully obtained?

Answer 35

NO. Subject who isin custody has no legal right to refuse. Prints may have been obtained thru consent

Question 36

May officers trick subjects into providing handwriting examples?

Answer 36

Yes and subject does not have to be in custody.

Question 37

An officer observes a suspect ingest several balloons of herion. At the hospital, the doctor determines that there is no immediate health risk to the suspect. May the officer influence the doctor to induce vomitting?

Answer 37

No, the immediate threat to suspects life is determined by medical expert only.

Question 38

You prevent a suspect from swallowing evident. What must you articulate to show that you use reasonable force?

Answer 38

no choking allowed, hold did not interfere with the suspect’s breathing or blood flow

Question 39

Consent must be given….

Answer 39

knowingly and voluntarily