Searches and Seizures of Things correct answers the general rule for searches and seizures of things is that a warrant is needed (from the 4th amendment)
procedure/requirements for obtaining a search warrant and the procedure after a search correct answers A written order, issued by a
magistrat...
CRIM 424 GMU Exam #2 || All Correct.
Searches and Seizures of Things correct answers the general rule for searches and seizures of
things is that a warrant is needed (from the 4th amendment)
procedure/requirements for obtaining a search warrant and the procedure after a search correct
answers A written order, issued by a
magistrate, directing a peace officer to search
for property connected with a crime and bring
it before the court.)
Enough evidence for probable cause
A "supporting oath or affirmation"
(affidavit swearing to relevant facts)
Evidence cannot be "stale" (old)
A description of the place to be
searched and things to be seized
The signature of a magistrate
the "particularity" requirement correct answers the warrant must include a specific description of
the place to be searched/items to be seized
Exceptions to the Search Warrant Requirement: correct answers 1. exigent circumstances
2. search incident to arrest
3. frisks
4. inventory searches
Exigent Circumstances correct answers situations that require extralegal or exceptional actions
by the police
Seach incident to arrest. State the rule. correct answers After making a lawful arrest, police
officers may search the person of the suspect as well as the area within their wingspan (within
their immediate control).
but be contemporaneous
Grabbable Area correct answers area under the control of an individual during an arrest in an
automobile
Frisks correct answers Pat-downs of suspects to protect officers against the danger of concealed
weapons are
need reasonable suspicion
contraband may be seized if pat-down is enough to tell
Terry v. Ohio (1968) correct answers Police can search and seize if they have probable cause
, inventory search correct answers a permissible warrantless search of a vehicle that has been
"impounded" - meaning that it is in police custody - so that police can make a record of the items
contained in the vehicle
protect belongings
Search Warrant Requirements correct answers when a person has a reasonable expectation of
privacy under the circumstances. (i.e. someone's home); a valid search must 1) be based on
probable cause, 2) be supported by an oath or affirmation, and 3) describe in specific detail what
is to be searched or seized.
Motor Vehicle Exception correct answers -requiring the existence of probable cause, the vehicle
may be searched without a warrant, due to their mobility, use as transportation from one crime
scene to another, and use in transporting, weapons, stolen goods, and contraband. Locked
containers may be searched without a warrant, as long as it is within the scope of the search, and
probable cause still exists.
Carroll v. US correct answers police may stop and search a potentially mobile motor vehicle
without a warrant if there is probable cause to believe that the vehicle is carrying individuals or
articles that offend the law
U.S. v. Ross (1982) correct answers Vehicle Searches: not exceeded authority when opened a
bag in trunk.
mobile homes rule correct answers generally can be searched without a warrant if the RV is
situated "like a vehicle" (ie: in a short-term parking lot),
but the court will look at the facts in each case to see if RV is situated more like a home or a
vehicle to determine if this exception applies.
frisk of vehicles correct answers After a valid stop, an officer may sometimes "frisk" a suspect &
his vehicle if reasonable suspicion exists that stopped individuals are armed/dangerous. Standard
of proof: "reasonable suspicion that the driver or passengers are armed/dangerous."
Scope of vehicle search correct answers Scope:
a "pat down" (not a full search) of the bodies of those in the car plus the passenger compartment
& any unlocked containers/bags/compartments inside (no trunk or locked containers)
The officer is searching only for weapons (not evidence)
Contraband may only be seized if it/s immediately apparent from a "pat" that it's an illegal item.
Vehicle Inventory Searches correct answers when a car is impounded, the police may search it to
make an inventory of its contents. No specific proof suggesting that illegal items are in the car is
needed, but the car must be legally impounded.
An officer may not impound the vehicle if it's parked legally or if a passenger/others can take
possession of it following the driver's arrest. Also, the police department's policies must always
be followed.
Scope:
The police department's policies determine the scope, timing, and location of the search.
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