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17 Cards in this Set
- Front
- Back
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Requirements for exigent circumstances
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Evanescant evidence; hot pursuit / plain view; emergency aid
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Requirements for search incident to arrest / scope -- PERSON RULES
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Arrest must be lawful
Wingspan, including containers, without regard to offense for which arrest was made NY: for containers, police must believe arrestee is armed |
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Requirements for search incident to arrest / scope -- AUTO RULES
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Arrest must be lawful
Cabins and closed containers, but NOT trunk. After arrestee secured, can only search if there's reason to believe there's evidence relating to crime for which arrest was amde. NY: once occupant out of car, no searching of bags or containers within car for anything |
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Requirements for consent exception
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Consent must be voluntary and intelligent; apparent authority OK
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Auto search requirements / scope
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Must have PC that contraband or evidence of crime will be found in car (do NOT need to have PC when car pulled over
Can earch entire car, including pacakages, luggage and other containers that might reasonably house item you're looking for |
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Requirements for plain view exception
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Lawful access to place, lawful access to item, criminality of item is immediately apparent
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Requirements for inventory search
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Person BOOKED or auto IMPOUNDED
Must have established routine |
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When does special needs exception not apply?
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When used to gather criminal evidence generally
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When is random drug testing allowed?
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RR employees after accident
Customs agents involved with drug interdiction Public school children who participate in any extra curriculars |
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What is a Terry stop?
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Brief detention or seizure for purposes of investigating suspicious conduct
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When are you "seized" for purposes of Terry stop?
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When, based on totality of circumstances, a reasonable person would not feel free to leave or decline a request to anser questions
In police pursuits: MBE: when you're physically seized NY: police pursuit itself is seizure Traffic stop: both driver and passengers are seized |
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What is a Terry frisk?
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Pat down of body and outer clothing to look for WEAPONS justified by officer's belief that suspect is armed and dangerous
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What can you seize in a Terry frisk?
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Weapons, or contraband if officer recognizes it as contraband without manipulating
NY: ONLY items that FEEL like a weapon |
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Where can officer search under Terry frisk exception at traffic stop?
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IF he believes suspect is dangerous, can search passenger cabin limited to those areas where a weapon may be placed or hidden
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What is evidentiary standard for Terry stops/frisks?
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Reasonable suspicion (less than PC)
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PC - MBE
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Fair probability that evidence or contraband will be found in area searched, based on preponderance of evidence
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PC - NY
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Anguilar-Spinelli test, under which gov't must establish (i) informant's basis of knowledge and (ii) his veracity or reliability
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