Chapter 16 - Warantless Search and Siezure

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Questions and Answers

What describes the term 'curtilage' in relation to a residence?

  • The interior space of the residence only
  • Any open field surrounding the residence
  • The yard and buildings surrounding the residence (correct)
  • All vehicles parked on the street

Which of the following would NOT qualify as 'seizable property'?

  • Drugs and other contraband
  • Evidence of a particular crime
  • Abandoned property (correct)
  • Unlawful weapons

What is implied by 'reasonable suspicion' in law enforcement?

  • Credible and articulable information suggesting an offense may have occurred (correct)
  • A hunch based on an officer's personal beliefs
  • A detailed investigation with conclusive evidence
  • Intuition about a person's guilt or innocence

In what situation would a custodial arrest likely occur?

<p>When an officer arrests an individual and transports them to detention (A)</p> Signup and view all the answers

Which definition best describes 'open field' in the context of law enforcement?

<p>Land that has no reasonable expectation of privacy and is outside curtilage (A)</p> Signup and view all the answers

Which of the following business establishments can be entered by an officer under the public view rule?

<p>A public pool hall open late at night (A)</p> Signup and view all the answers

Under what circumstances can an officer examine merchandise in a commercial establishment?

<p>When the officer's examination is similar to what a member of the public might do. (C)</p> Signup and view all the answers

Which of these scenarios does not involve an act considered to be abandonment of property?

<p>A person leaving a backpack unattended in a public park for a few hours. (D)</p> Signup and view all the answers

Which is a valid exception to the warrant requirement for a search and seizure?

<p>Using a dog trained in narcotics detection to sniff objects in a public place. (A)</p> Signup and view all the answers

What is the exception to observing criminal evidence located in plain view?

<p>The evidence is located inside a dwelling or private area of a building. (D)</p> Signup and view all the answers

What does the text say about the requirement of a warrant for blood samples to determine blood type?

<p>A warrant is always required for blood samples to determine blood type. (C)</p> Signup and view all the answers

What is the general rule regarding warrantless searches?

<p>A warrantless search may be made when there is probable cause and exigent circumstances. (D)</p> Signup and view all the answers

Under what circumstances can blood samples be taken for D.W.I. without a warrant, according to the text?

<p>All of the above. (D)</p> Signup and view all the answers

What is NOT a necessary component for a lawful warrantless search?

<p>A prior arrest of the person being searched. (C)</p> Signup and view all the answers

Flashcards

Curtilage

An area surrounding a residence, including spaces used for domestic activities like garages, sheds, driveways, and fenced-in areas.

Seizable property

Property that is subject to seizure by law enforcement, including contraband, stolen items, tools used in crimes, and evidence.

Abandoned property

Discarded property over which anyone can have access, indicating a lack of ownership or privacy interest.

Frisk

A search of a person's outer clothing for weapons, typically conducted to ensure the safety of the officer and others.

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Probable cause

A belief based on reasonable, trustworthy information that would lead a prudent person to believe something is true, such as a person committing a crime.

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Warrantless Search

A legal justification for a warrantless search of a person or property. Requires both probable cause to believe that contraband or evidence of a crime will be found and exigent circumstances that make obtaining a warrant impossible.

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Probable Cause to Search

Reasonable suspicion that evidence of a crime will be found in a specific location. This must be supported by facts and circumstances known to the officer.

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Exigent Circumstances

Circumstances that make obtaining a warrant impractical or impossible. These must exist alongside probable cause to justify a warrantless search.

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Fruit of the Poisonous Tree Doctrine

The evidence found during a warrantless search cannot be used to justify the search itself. The search must be justified by probable cause and exigent circumstances before it takes place.

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Extraordinary Search

A search involving intrusion into the body, such as a body cavity search. These require a warrant unless exigent circumstances exist.

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Public View Rule

An officer can enter a business open to the public during business hours for the same reason a member of the public can, such as making observations or examining items. This doesn't allow them to access private areas restricted to the public.

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Public Restroom Observation

An officer's visual observation of a public restroom does not constitute a search. However, this does not apply to closed toilet stalls, which are considered private areas.

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Dog Sniff in Public

Using a dog trained to detect narcotics to sniff objects in a public place is not considered a search. However, a positive reaction by the dog can provide probable cause for an officer to seize the object or arrest the individual.

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Field Test for Drugs

If a substance is legally seized, field testing it to identify the specific drug does not violate the Fourth Amendment right against unreasonable searches.

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Study Notes

16.01 Definitions

  • Abandoned Property: Discarded items over which all people have relinquished control and ownership.
  • Access Area: Area surrounding an arrestee where they could reach for a weapon or evidence.
  • Curtilage: The area immediately surrounding a home, including garages, sheds, and driveways.
  • Custodial Arrest: The process of arresting someone and taking them into custody.
  • Frisk: A pat down of outer clothing to search for weapons for the safety of officers.
  • Open Field: Unoccupied land outside the curtilage of a home with no expectation of privacy.
  • Probable Cause: Sufficient facts to convince a reasonable person a crime was committed.
  • Reasonable Suspicion: Articulable facts that support a reasonable belief of criminal activity.
  • Seizable Property: Illicit items, stolen goods, instruments of crime, and evidence of a crime.

16.02 General Rules

  • Officers should obtain warrants whenever possible, but warrantless searches are permitted.
  • Search warrants should be obtained for arrests when practical.
  • Officers should make valid entries where possible, e.g. to provide emergency assistance.
  • Warrantless searches should be made with the least amount of damage.
  • Reasonable force is allowed to extract information from an individual.

16.03 Observations Which Do Not Constitute Searches

  • Observations in areas with no reasonable expectation of privacy are not illegal.
  • Observations in plain view from a valid location are not a search.
  • Observing items in open fields or through windows is permissible.

16.04 Probable Cause Plus Exigent Circumstances Searches

  • Warrantless searches are allowed if probable cause exists and exigent circumstances make obtaining a warrant impractical, for instance danger.
  • Factors supporting probable cause include witness statements, evidence, or detection by law enforcement.
  • A warrant is not required if consent is given voluntarily.
  • Consent must be voluntary and not coerced.
  • Consent must be given by someone with authority over the location or item.
  • Person giving consent should be advised of their rights.

16.06 Search Incident to Lawful Arrest

  • Lawful arrest allows a full search of the arrestee and the area under their control.
  • The search must be immediate.
  • The search is limited to the area under an arrestee's control.

16.07 Inventory

  • Routine inventories of impounded vehicles or property are permitted in certain situations.
  • Inventory may not be a pretext for finding contraband.
  • Property in plain view during the inventory may be seized legally.

16.08 Emergency Searches

  • Warrantless searches are permitted if there's an immediate need to protect safety or prevent destruction of evidence.
  • Search must be limited to the area and the reason for the belief.

16.09 Frisk for Weapons

  • Officers can conduct a protective pat-down if they reasonably believe a person is armed.
  • The frisk must be limited and focused on finding weapons.
  • Factors supporting a belief of an armed and dangerous person include circumstances like time of day, location, or witness statements.

16.10 Frisk for Identification

  • A limited search is allowed if a person refuses to provide identification.
  • The search must be limited to locations where identification would reasonably be found.

16.11 Administrative Searches

  • Searches allowed under specific rules or laws are not related to a criminal investigation.
  • Examples include searches conducted by school officials or regulatory bodies.

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Chapter 16 Warrantless Search And Seizure PDF

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