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NYPD 2nd Trimester -Law Questions & Answers with 100% Correct Answers Latest 2024/2025 Version
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NYPD 2nd Trimester -Law Questions & Answers with 100% Correct Answers Latest 2024/2025 Version
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NYPD 2nd Trimester -Law Questions & Answerswith 100% Correct Answers Latest 2024/2025
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Husband and Wife/Joint Tenants/Common Occupants/Partners - ✔✔Where two or more possess
the premise, only one party is needed to consent.
Note: Exclusive use of an area (private room, closet, etc.) can not be searched without the consent of
the person who has possession of that area or a warrant.
In shared areas, if one person objects to the search and the other consents, the objector invalidates the
consenter.
Both a husband and wife have equal right of possession to the family home, but a spouse
cannot consent to search of areas exclusively possessed by the other spouse
Parent and Child - ✔✔Parent may consent to search of a home where child lives.
-If child is legally emancipated minor, joint tenant rules apply.
Host and Guest - ✔✔A host can consent to search of premises, but NOT of guest's personal property.
Guest can object to search, but can not consent without permission from host.
Custody - ✔✔Owner gives another full control of property, as with a borrowed car.
-Limited control (such as storage or shipment) = no consent can be given.
Hotel Room - ✔✔Management's consent is not enough to search hotel room.
When hotel employees, not acting at the request of police, discover contraband or evidence, it
is admissible
ISSUES WITH CONSENT - ✔✔Valid consent must be voluntary, not coerced.
, Police must show that no duress exists for voluntary consent.
Factors that may infer duress:
-Time
-Number of Officers
-Displaying Weapons and Symbols of Authority
-Language
-Approach
-Entry
-Fraud
-In Custody
-Age
EMERGENCY EXCEPTION - ✔✔There must be probable cause that emergency exists.
Search must be confined to area where emergency is believed to exist.
Purpose of the search is to "cure" the emergency, and not to seize evidence.
HOT PURSUIT - ✔✔Pursuit of suspect to arrest. Probable cause exists.
Police officer may follow suspect into a constitutionally protected area.
Momentarily losing sight of a suspect is acceptable.
If during course of the pursuit, the pursuing officer finds evidence, contraband, or fruits of the
crime, these may be seized without search warrant.
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