Study sets, textbooks, questions
Upgrade to remove ads
Ch. 2 - Legal, Unit 2, Lesson 2 Search & Seizure
Terms in this set (19)
When the government intrudes into a place where a person has a Reasonable Expectation of Privacy.
When the government affects a person's right to have or control his or her property, usually by physically taking it. Also by arrest.
A court order signed by a neutral judge or magistrate authorizing LE to conduct a search and seizure.
States that evidence obtained in violation of the Constitution cannot be used as evidence.
The Fruits of the Poisonous Tree Doctrine
Evidence gathered with the assistance of (secondary to/as a result of) illegally obtained information must be excluded from trial.
The Good Faith Doctrine
When an officer executes a search warrant they believed to be valid and a court later determines the warrant has a legal error, any evidence may still be admitted.
Legal Requirements of a Search Warrant
States sufficient facts to establish PC
Basis of info must be from reliable sources
Must particularly describe person/place to be searched
Must include landmarks, directions
Must specify items to be seized
Exceptions to Search Warrants (Require PC, but no warrant)
1. Plain View
2. Mobile Conveyance
3. Destruction of Evidence
4. Fresh Pursuit
5. Emergency Scene
Exceptions to Search Warrants (No PC Required, No warrant)
3. Administrative Searches
4. Incident to Arrest
Any contraband an officer can see can be seized without a warrant as long as:
1. The officer is lawfully present
2. The item is in plain sight
3. The officer has PC to believe the item is contraband or crime evidence
Have reduced REP because they must be licensed, registered and insured and are easily moved.
Does not have to occur at the same time as the stop.
Extends Search of a mobile Conveyance to the entire vehicle and to all containers where evidence could reasonably be found.
Destruction of Evidence
When an officer has PC to believe that contraband or evidence is in immediate danger of being destroyed. Does not require warrant.
Allows an officer to enter a residence or other private place while chasing a suspect.
PC that the suspected committed a serious crime (Saw with your own eyes, Response to a BOLO, Fellow Officer Rule, etc.)
Immediate or continuous pursuit of the suspect
PC that the suspect is in the premises being entered without a warrant.
(Any contraband/evidence in plain View during fresh Pursuit will not be excluded & can generate new charges)
Officer may make a warrant less entry to ensure their own safety or that of the public.
Officer must have an objective reasonable basis to believe that someone is in immediate danger.
Does not require PC, reasonable Suspicion or mere Suspicion. Officer may ask anyone for any reason.
May be implied (I.e. Airline passengers, patrons attending sporting events, searches of visitors to courthouses/government buildings).
Permitted only when a vehicle is impounded.
Lists everything of value in the vehicle.
Requires a written department policy.
Must occur at the same time at the impoundment.
Any evidence/contraband maybe used against the subject in court.
Are for regulatory purposes. Not usually conducted by a LEO.
Includes people on probation/parole; students; visitors to government buildings.
Incident to Arrest
May only be conducted when there is a lawful custodial Arrest and must happen at the time of the Arrest.
Sets found in the same folder
Chapter 4: Note Taking
Chapter 2: Legal - Laws of Arrest
Chapter 4 Interviewing and Report Writing
Chapter 1: Introduction to Law Enforcement
Sets with similar terms
Chapter 2, Legal, Unit 2 - Legal Concepts, Lesson…
Chapt.6 criminal justice
Chapter 4 - Searches
Criminal evidence by young money
Other sets by this creator
Ch. 3, Unit 2, Lesson 3 Developmental Disabilities
Defensive Tactics, Unit 2, Lessons 1 & 2
Ch. 3, Unit 2, Lesson 2 - Physical Impairments
Ch. 3, Unit 2, Lesson 1 - Disability Awareness