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Questions and Answers
In which of the following scenarios would an officer NOT be justified in searching a vehicle?
In which of the following scenarios would an officer NOT be justified in searching a vehicle?
If an officer has probable cause to believe a vehicle contains evidence of a crime, what is the officer entitled to search?
If an officer has probable cause to believe a vehicle contains evidence of a crime, what is the officer entitled to search?
What is the difference between a lawful search and a plain view seizure within a vehicle?
What is the difference between a lawful search and a plain view seizure within a vehicle?
Which of the following can establish probable cause to search a vehicle?
Which of the following can establish probable cause to search a vehicle?
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If an officer smells alcohol inside a vehicle during a traffic stop, which of the following is true?
If an officer smells alcohol inside a vehicle during a traffic stop, which of the following is true?
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What are the minimum requirements for an officer to legally make a plain view seizure of an item from a vehicle?
What are the minimum requirements for an officer to legally make a plain view seizure of an item from a vehicle?
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Which of the following is NOT a factor that can be used to establish probable cause to search a vehicle?
Which of the following is NOT a factor that can be used to establish probable cause to search a vehicle?
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Based on the information provided, what is a critical element for an officer to have before lawfully seizing evidence from a vehicle?
Based on the information provided, what is a critical element for an officer to have before lawfully seizing evidence from a vehicle?
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Which of the following scenarios would be considered a justifiable warrantless search of a vehicle?
Which of the following scenarios would be considered a justifiable warrantless search of a vehicle?
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What is the primary legal justification for warrantless searches of vehicles following a lawful impoundment?
What is the primary legal justification for warrantless searches of vehicles following a lawful impoundment?
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Which of the following scenarios best illustrates the concept of a reasonable expectation of privacy as it pertains to a person's body?
Which of the following scenarios best illustrates the concept of a reasonable expectation of privacy as it pertains to a person's body?
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Under which amendment to the U.S. Constitution is the right to be secure in one's person, houses, papers, and effects, against unreasonable searches and seizures, protected?
Under which amendment to the U.S. Constitution is the right to be secure in one's person, houses, papers, and effects, against unreasonable searches and seizures, protected?
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Which of the following scenarios is NOT protected from self-incrimination (the Fifth Amendment) but is still subject to search and seizure?
Which of the following scenarios is NOT protected from self-incrimination (the Fifth Amendment) but is still subject to search and seizure?
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What is the main purpose of the inventory requirement in relation to repossessed vehicles?
What is the main purpose of the inventory requirement in relation to repossessed vehicles?
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Which of the following items would likely be considered evidence based on the provided text?
Which of the following items would likely be considered evidence based on the provided text?
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Which of the following statements accurately describes the relationship between warrantless searches and a person's right to privacy?
Which of the following statements accurately describes the relationship between warrantless searches and a person's right to privacy?
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Based on the provided information, under what condition is a protective search of a vehicle permitted?
Based on the provided information, under what condition is a protective search of a vehicle permitted?
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What is the scope of a protective search of a vehicle?
What is the scope of a protective search of a vehicle?
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What is the legal justification for a protective search of a vehicle?
What is the legal justification for a protective search of a vehicle?
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What level of suspicion is required for a protective search of a vehicle?
What level of suspicion is required for a protective search of a vehicle?
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What is one key difference between a protective search and a full search of a vehicle?
What is one key difference between a protective search and a full search of a vehicle?
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What is considered a permissible sensory enhancement tool during a protective search?
What is considered a permissible sensory enhancement tool during a protective search?
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If an officer observes a firearm in plain view inside a vehicle during a traffic stop, can the officer conduct a protective search?
If an officer observes a firearm in plain view inside a vehicle during a traffic stop, can the officer conduct a protective search?
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What happens if an officer discovers no weapons during a protective search?
What happens if an officer discovers no weapons during a protective search?
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What is the primary difference between a violation of the Fourth Amendment and a civil claim for violation of privacy?
What is the primary difference between a violation of the Fourth Amendment and a civil claim for violation of privacy?
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What are the two main elements required for a reasonable expectation of privacy?
What are the two main elements required for a reasonable expectation of privacy?
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What is considered 'curtilage' in relation to a person's reasonable expectation of privacy?
What is considered 'curtilage' in relation to a person's reasonable expectation of privacy?
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What is considered a seizure of a person under the Fourth Amendment?
What is considered a seizure of a person under the Fourth Amendment?
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Which of the following actions could indicate a subjective expectation of privacy?
Which of the following actions could indicate a subjective expectation of privacy?
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What is considered an example of 'objective reasonableness' in the context of reasonable expectation of privacy?
What is considered an example of 'objective reasonableness' in the context of reasonable expectation of privacy?
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What is the primary reason why an individual might have a weaker expectation of privacy in their backyard compared to their living room?
What is the primary reason why an individual might have a weaker expectation of privacy in their backyard compared to their living room?
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Which of the following is NOT a relevant factor in determining whether a person has a reasonable expectation of privacy in a particular place?
Which of the following is NOT a relevant factor in determining whether a person has a reasonable expectation of privacy in a particular place?
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Which of these vehicles are NOT considered motor vehicles under NRS 482.075?
Which of these vehicles are NOT considered motor vehicles under NRS 482.075?
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What is the requirement for a vehicle search under the probable cause exception?
What is the requirement for a vehicle search under the probable cause exception?
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What is the 'scope' of a vehicle search based on probable cause?
What is the 'scope' of a vehicle search based on probable cause?
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What is the requirement for probable cause to search a vehicle?
What is the requirement for probable cause to search a vehicle?
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When can a vehicle search occur under the probable cause exception?
When can a vehicle search occur under the probable cause exception?
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What is considered a motor home under Nevada law?
What is considered a motor home under Nevada law?
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What is the legal basis for searching closed personal containers during a vehicle search?
What is the legal basis for searching closed personal containers during a vehicle search?
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Which of the following statements about the probable cause exception and vehicle searches is NOT TRUE?
Which of the following statements about the probable cause exception and vehicle searches is NOT TRUE?
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What is the primary justification for conducting a protective vehicle search?
What is the primary justification for conducting a protective vehicle search?
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In the context of a protective vehicle search, what is the legal basis for seizing and opening containers within the passenger compartment?
In the context of a protective vehicle search, what is the legal basis for seizing and opening containers within the passenger compartment?
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If an officer finds evidence of a crime during a protective vehicle search, what can they legally do?
If an officer finds evidence of a crime during a protective vehicle search, what can they legally do?
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What are the necessary conditions for a valid consent search of a vehicle?
What are the necessary conditions for a valid consent search of a vehicle?
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Which of the following statements accurately describes the plain view doctrine in relation to protective vehicle searches?
Which of the following statements accurately describes the plain view doctrine in relation to protective vehicle searches?
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During a protective vehicle search, an officer discovers a container that appears to contain drugs. Which of the following actions is the officer legally permitted to take?
During a protective vehicle search, an officer discovers a container that appears to contain drugs. Which of the following actions is the officer legally permitted to take?
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According to the content provided, what is the main purpose of the 'containers' section?
According to the content provided, what is the main purpose of the 'containers' section?
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Flashcards
Fourth Amendment
Fourth Amendment
Limits government power regarding search and seizures.
Search
Search
Infringement of a reasonable expectation of privacy by the government.
Seizure
Seizure
Meaningful interference with an individual's possession by the government.
Reasonable Expectation of Privacy
Reasonable Expectation of Privacy
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Subjective Expectation of Privacy
Subjective Expectation of Privacy
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Objective Reasonableness
Objective Reasonableness
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Curtilage
Curtilage
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Expectation of Privacy
Expectation of Privacy
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Probable Cause Exception
Probable Cause Exception
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Scope of Search
Scope of Search
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Motor Vehicle Definition
Motor Vehicle Definition
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Exclusions from Motor Vehicle
Exclusions from Motor Vehicle
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Searchable Boats
Searchable Boats
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Motor Home Definition
Motor Home Definition
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Timing of Search
Timing of Search
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Credible Information
Credible Information
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Closed Containers Search
Closed Containers Search
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Probable Cause
Probable Cause
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Means of Establishing Probable Cause
Means of Establishing Probable Cause
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Traffic Stop Example
Traffic Stop Example
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Plain View Seizures
Plain View Seizures
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Requirements for Plain View
Requirements for Plain View
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Seizing Crime-related Evidence
Seizing Crime-related Evidence
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Lawful Observation
Lawful Observation
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Plain View Doctrine
Plain View Doctrine
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Protective Vehicle Search
Protective Vehicle Search
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Containers in Vehicle Searches
Containers in Vehicle Searches
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Consent Search
Consent Search
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Authority to Consent
Authority to Consent
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Limitations of Consent Searches
Limitations of Consent Searches
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Evidence from Protective Search
Evidence from Protective Search
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Expectation of Privacy in Vehicles
Expectation of Privacy in Vehicles
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Protective Search
Protective Search
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Reasonable Suspicion
Reasonable Suspicion
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Scope of Protective Search
Scope of Protective Search
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Lawful Detention
Lawful Detention
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Seizure of Evidence
Seizure of Evidence
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End of Search Protocol
End of Search Protocol
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Repossessed Vehicles Inspection
Repossessed Vehicles Inspection
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Legal Evidence Seizure
Legal Evidence Seizure
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Fourth Amendment Violation
Fourth Amendment Violation
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Fifth Amendment Evidence Rule
Fifth Amendment Evidence Rule
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Search Warrant Requirement
Search Warrant Requirement
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Warrantless Body Search Exceptions
Warrantless Body Search Exceptions
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Vehicle Inventory Searches
Vehicle Inventory Searches
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Study Notes
Search and Seizure
- The Performance Objective Reference Material accompanies P.O.S.T. mandated Performance Objectives for Category I, II, III, and Reserve peace officers.
- Thoroughly reviewing this document aids in preparing to teach the related course.
- Instructors must study the reference materials, research supplemental material, and develop student activities to enhance learning.
- Instructors must not use "canned" presentations.
Constitutional Protections of the Fourth Amendment
- A priority of the authors of the U.S. Constitution was to avoid unlimited government actions.
- The Fourth Amendment protects an individual's privacy, liberty, and possession of property.
- The Fourth Amendment limits government searches and seizures to those that are reasonable.
- The courts balance an individual's right to privacy against the government's need to gather evidence and apprehend criminals.
- The Fourth Amendment does not apply to actions by private individuals.
Reasonable Expectation of Privacy
- A search violates the Fourth Amendment if it infringes upon a person's legitimate expectation of privacy.
- Reasonable expectation of privacy exists almost anytime/anyplace as long as (1) individuals subjectively expect privacy in the area or object and (2) society is prepared to recognize the expectation as legitimate.
- Subjective expectation of privacy is a person's state of mind.
- Objective reasonableness refers to whether society considers an expectation reasonable.
- Curtilage means the area immediately surrounding a residence where an occupant has a reasonable expectation of privacy.
Seizure of Property or Person
- A seizure of property occurs when there is meaningful interference with an individual's possessory interest in the property.
- A seizure of a person happens when a peace officer physically applies force or a person voluntarily submits to a peace officer's authority.
Standing
- Standing to challenge a search or seizure exists only if the subject has a reasonable expectation of privacy in the place or thing that is searched or seized.
- Standing is established by ownership, lawful possession, authority, or control of the searched area/property.
Probable Cause and Search and Seizure
- Probable cause for a search means having enough facts/information to provide a fair probability that the item sought is in the specified location.
- To establish probable cause to search, peace officers must articulate why they have a fair probability to believe that (1) a crime occurred or will occur, (2) evidence exists, and (3) the evidence is at the location to be searched.
Exclusionary Rule
- If a court deems a search or seizure unreasonable, any items seized during the search are inadmissible as evidence. This is known as the "fruit of the poisonous tree" rule.
- The exclusionary rule was created by the U.S. Supreme Court to encourage proper law enforcement conduct.
Search Warrant Service
- A valid warrant is usually considered the lawful basis for a search.
- The burden is on the defendant to prove the illegality of a search executed with a warrant.
- Peace officers must provide a judge with sufficient facts (probable cause) to meet the Fourth Amendment's requirement.
Probable Cause for Search
- The Fourth Amendment requires probable cause for a warrant search.
Time Limitation on Execution of Warrant
- Warrants must be executed within 10 days of the issuing date. (This doesn't include weekends or holidays).
- If the 10-day period has passed, officers must either obtain a new warrant, resubmit the expired warrant, or for certain cases, wait up to 6 months to complete and return it.
- Properly return the warrant back to the issuing magistrate with a complete inventory of the collected property.
Knock and Notice Requirements
- Peace officers must comply with knock and notice requirements before entering a dwelling to execute a search warrant.
- Knock and notice means giving prior notification to those inside the dwelling.
- Peace officers must announce their presence, identify themselves as officers, state their purpose, demand entry, and reasonably wait.
- Under specific exceptions, peace officers may conduct a “no knock” search
Standing and a search Warrant
- All persons have a right to have their belongings and persons protected from unreasonable government seizures.
- If an officer makes a legal search, those items that are discovered legally can be admitted as evidence.
Searches Outside the scope/unlawful search
- Unreasonable searches and seizures are not permitted, even if they find potentially incriminating evidence.
- There are exceptions to this rule.
Plain View Seizures
- Seeing an item in plain view, from a place an officer has a lawful right to be, means no search occurred.
- For the seizure of evidence in plain view, the officer must (1) have probable cause to believe the item is crime-related, (2) lawfully be in a position to view the item, and (3) lawfully have access to the item.
Surveillance, Sensory Aids
- Surveillance is not a search as long as officers reasonably observe from a place they have legal right to be.
- Employing sensory aids, such as flashlights or binoculars, enhances lawful observations by peace officers.
Abandoned Property
- Abandonment of property implies a person has lost their expectation of privacy over the property.
Lawful Access
- Peace officers need lawful access to private property to conduct a search.
- Valid access can be attained through consent, exigent circumstances or other permissible legal means to enter prior to a search.
Warrantless Searches
- These are typically considered illegal.
Searches Pursuant to Exigent Circumstances
- Emergency circumstances, such as imminent danger to life or property, allow for warrantless searches.
- Imminent danger to life includes situations like hostage situations and injuries to people in the area.
- Imminent property damage includes fires, or situations where evidence will be destroyed or removed.
Searches Incident to Arrest
- When a person is lawfully arrested, peace officers are permitted to search the area within the immediate control of the arrestee.
- The time of arrest must be contemporaneous to the search to be considered valid.
Protective Sweeps
- A limited search for individuals (only) in areas immediately adjoining the area of an arrest, when officers have reasonable suspicion that persons who might pose a threat are present.
- This should only be used when the officers have reason to believe those individuals might pose a threat.
Searches of Vehicles as Instrumentalities
- If there is probable cause that a vehicle itself is an instrumentality of crime, it may be subject to a warrantless search.
- This is considered legal when the crime was committed in the vehicle, or when the vehicle was used to transport the items used in a crime.
Consent Searches for Vehicles
- A vehicle search is permissible if a person with apparent authority voluntarily consents to the search.
Searches of Vehicles Incident to Custodial Arrest
- Officers can search the passenger compartment of a vehicle if a person within the vehicle has been lawfully arrested, and the person may possibly access the vehicle during the arrest, or there is probable cause or suspicion there is a weapon in the vehicle.
Vehicle Inventories
- A vehicle inventory is a procedure used to account for personal property in a vehicle that's being impounded or stored. This is not a search for evidence.
Body Searches
- Body searches require a warrant or probable cause plus to be lawful; however, some exceptions exist, like searches following an arrest.
- Searches without warrants are allowed only in limited situations.
Blood Samples
- Peace officers may conduct blood draws only if officers have probable cause, and there are compelling reasons for the procedure.
- Exigent circumstances mean emergency situations in which reasonable use of force is justified
Fingerprints, Handwriting Samples, Voice
- These are examples of evidence that can be obtained after an arrest or with consent.
Identification Procedures
- Procedures that are used to confirm or eliminate a person as the perpetrator of a given crime.
- Officers must avoid suggestive actions that might put pressure on the subject to identify someone.
- Field show-ups must occur quickly following a crime if possible
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Description
Test your knowledge on the legal justifications for searching a vehicle. This quiz covers scenarios of probable cause, lawful searches, and the plain view doctrine, providing a comprehensive understanding of vehicle search regulations for law enforcement officers.