Exam (elaborations)
PRPA Search And Seizure – Questions And Answers
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PRPA Search And Seizure – Questions And Answers
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PRPA Search And Seizure – Questions And AnswersSearch Warrant Right Ans - Is an order, in writing issued in the name of the
state, signed by a magistrate commanding a peace officer to search for
personal property, person or items
The preferred method of a search Right Ans - Warrant
Search Warrant Requirements Right Ans - probable cause, the area being
searched, and what they are searching for
Warrant must be signed by Right Ans - An impartial judge (justice of the
peace, magistrate, superior court, court of appeals, or supreme court)
When must a search warrant be executed? Right Ans - Must be executed
within 5 days of warrant being issued
When must a search warrant be returned to magistrate? Right Ans - Within
3 court business days after being executed
What classifies as a nighttime search? Right Ans - Requires good cause
(10:00pm to 6:30am)
Who may execute a search warrant? Right Ans - Any police officer
Search warrants may be issued by courts for Right Ans - Any public offense
Terry v. Ohio Right Ans - Police can search and seize with probable cause
Pennsylvania v. Mimms Right Ans - Police may order driver out of vehicle
during lawful traffic stop
Totality of circumstances Right Ans - a term the court uses to refer to all
facts and circumstances known to the officer at the time, or reasonably
perceived by the officer as the basis for, arrest including warrantless arrest
4th Amendment Right Ans - Freedom from unreasonable searches and
seizures
, When must you leave a receipt for property? Right Ans - Must leave a
property receipt where item(s) were taken from
Retention of Property Right Ans - Seized property shall be retained by the
seizing agency during criminal investigation
Terry Stop / Detain Right Ans - RS of crime
Terry Stop in handcuffs Right Ans - RS + Flight or dangerous
Terry Frisk / Pat Down Right Ans - RS + Armed and dangerous
Terry Frisk of Vehicle Right Ans - Passenger compartment (NOT Trunk)
Frisk Right Ans - Search
Search Right Ans - physically intruding upon persons, houses, papers or
effects for the purpose of obtaining information.
Issues of privacy Right Ans - Driveways, front yards, windows, neighbor's
property, aerial view, flashlight, FLIR (inferred heat signatures)
Seizure Right Ans - An exercise of dominion or control of that person or
object. Property seizure must be crime related, such as contraband.
Service of a warrant Right Ans - 1. A search warrant may be served by any
peace officer
2. Knock and announce department, purpose of warrant and wait a reasonable
time (depends on home size)
3. After notice of authority/presence and purpose of search warrant, and
admittance is refused.
4. No knock requirements, may forcefully enter.
A peace officer executing a search warrant may seize any property discovered
in the course of the execution of the warrant if the officer has reasonable
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