SEARCH & SEIZURE LD-16 Workbook Vol 2, page 3-1

1. SEARCH & SEIZURELD-16Workbook Vol 2, page 3-1

2. TERMS AND DEFINITIONS • A ________occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government. • A ______ __ ______occurs when there is some meaningful interference with an individual’s possessory interest in that property by the government.

3. TERMS AND DEFINITIONS • A ___________ ______occurs when: • a peace officer physically applies force or • a person __________submits to a peace officer’s authority

4. EXPECTATION OF PRIVACY • _________Amendment is not violated unless a person’s legitimate expectation of privacy is infringed upon by the government • Does _____ apply to actions by private persons

5. REASONABLE EXPECTATION OF PRIVACY • Can exist almost anytime, anywhere and anyplace as long as: • Person has indicated he/she personally expects ________of an object or area, and • Their expectation is one which _______ is prepared to recognize as legitimate

6. SUBJECTIVE EXPECTATION OF PRIVACY • Action designed to protect privacy • ________ • Closing a window, curtain or door • _________a tool box • Locking a compartment, safe, etc.

7. OBJECTIVE REASONABLENESS • Refers to whether ________is prepared to recognize the individual’s expectation of privacy. CURTILAGE • Relatively and usually small ________ ________ area immediately around a residence to which the private activities of the home extend, and which the owner has an expectation of privacy.

8. OPEN FIELDS/OVER FLIGHTS • Open fields – areas which are so open to the public view that the owner or possessor is deemed to have implicitly invited the general public to view the area. • Over flights–____fourth amendment protections as long as: • Aircraft is at altitude permitted by ______ • Being operated in physically nonintrusive manner

9. STANDING • Exists when a person has a legitimate possessory interest or relationship over an object or area. • Only a person with __________can challenge the search or seizure of property • Ownership • ____________ • Authority • Control of the area searched or property seized

10. PROBABLE CAUSE TO SEARCH • Enough facts or information to provide a fair probability, or a substantial chance, that the ______ _______ is located at the place to be searched.

11. ARTICULATION OF PROBABLE CAUSE • To establish PC, the officer must be able to articulate how and why they have a fair probability to believe: • ________ has occurred or is about to occur • evidence pertaining to the crime exists • the evidence is at the location to be searched

12. ARTICULATION OF PROBABLE CAUSE • __________ training and experience may go into the equation (not just L/E experience) • ___________ • ___________ • ___________

13. TYPES OF SEARCHES

14. PLAIN VIEW • _______ ______ seizures are not considered searches. • Can seize contraband/evidence that is in plain view as long as officer has right to be where observation was made and has lawful access.

15. WARRANTLESS SEARCHES • Only unreasonable searches are illegal • All warrantless searches are judicially presumed _________responsibility of DA to establish legality • All searches conducted with a search warrant are presumed _______up to defense to prove illegal • Not all searches require a warrant

16. PATDOWN/CURSURY SEARCHES/FRISKS • Must be lawfully detained • Officer must be able to articulate specific facts which would cause them to reasonably believe the person is __________ or may be carrying a weapon • Scope – outer clothing for weapons/potential weapons

17. PATDOWN/CURSURY SEARCHES/FRISK • Contraband: • __________ • Reaching inside • Discovery • Transporting passengers – “duty or obligation to transport”

18. CONSENT • Must be valid (_________, obtained from person with authority to give consent) • ________ – determined by person giving consent; __________________ • Right to Refuse • Express vs Implied consent • Authority to Consent • Withdrawal of Consent – __________

19. EXIGENT CIRCUMSTANCES • Scope: • Primary purpose for the entry is to attend to the emergency • Can secure the premises only if reasonable to believe a search is necessary to secure the emergency • Knock & notice exceptions: • Not normally required to do so if ____________________ exist

20. EXIGENT CIRCUMSTANCES • ________________ • Re-entry: • Once emergency is abated, ______ _______. • Can only re-enter if have a search warrant, consent or another emergency.

21. INCIDENT TO ARREST • Can be conducted when: • PC for lawful arrest exists • Suspect is taken into custody, and • The search is ________________ with the arrest.

22. INCIDENT TO ARREST • Scope: • Full search of arrestee’s person • __________ on person • Chimel v Calif – “Arm’s reach rule” • Custodial Arrest – must be taken into ______ ________ (arrest) and taken to jail, does ____ include cite and release

23. INCIDENT TO ARREST • _____ ___________ (officer safety): • Brief search ________________ • Limited to areas immediately adjoining the area of an arrest • Illegal if beyond the above mentioned areas.

24. PROBATION/PAROLE • Probation-search as a condition of probation, def must sign probation document agreeing to search at any time by PO or L/E • Parole-search is always a condition of release of a felon state prison; do not have to notify parole officer • ___________ • Notification

25. VEHICLE SEARCHES • Level of PC is the same as buildings/residences • Called the “Automobile Exception” • Carroll v US • Vehicles defined • If you have PC you do _____ need a search warrant

26. PROBABLE CAUSE SEARCHES • Necessary conditions: • _______ _______ or lawfully accessible • Have enough facts, knowledge, training or experience to provide PC that item sought is in the vehicle • Scope: • ___________ the item could be reasonably located • Includes closed containers

27. PROTECTIVE SEARCHES • Necessary conditions: • Officer reasonably believes, based on specific facts, that there may be a weapon or item that could be used as a weapon, inside the vehicle. • Scope: • Areas where __________ would have reasonable access to weapon or item that could be used as a weapon.

28. PROTECTIVE SEARCHES • Containers: • Limited to passenger compartment • If it could contain a weapon • ________________

29. CONSENT SEARCHES of Vehicles • Consent must be given __________ and can be withdrawn at any time. • Can advise have right to refuse • Containers • Must clearly define container and specific consent to search-clarity ownership

30. SEARCH INCIDENT TO A CUSTODIAL ARREST-VEHICLES • Passenger compartment _______and everything and anything in it. • Must be a custodial arrest, can not be cite and release. • _________ does not have to be inside vehicle when arrest is made.

31. SEARCH INCIDENT TO CUSTODIAL ARREST-VEHICLES • Can be _________of vehicle if: • Officer reasonably believes arrestee was an occupant shortly before the arrest (documentation) or • Something indicating a close association between the vehicle and the arrestee at the time of the arrest (places object inside vehicle just prior to arrest)

32. INSTRUMENTALIY SEARCHES • When PC to believe the vehicle itself constitutes evidence of a criminal act: • Crime was committed _______ the vehicle • Vehicle was the means by which the crime was committed (ADW, hit & run) • Scope: • Any part where the item maybe reasonably located

33. INVENTORIES • Not a search: • Accounts for personal property in a vehicle that is going to be stored/impounded • Must be: • Lawful custody of the police • Conducted to a _________ ________ or regulation of the agency (policy must exist) • Purpose: • Protect property of person whose veh is impounded • Protect agency from false claims of theft or loss • Repossessed Vehicles

34. SEIZURE OF PHYSICAL EVIDENCE FROM A PERSON’S BODY

35. SEARCH WITH A WARRANT • Reasonable expectation of privacy very high • No person has a right to ________ __________, even if located in their body • Usually need a search warrant

36. SEARCH WITH A WARRANT • PC plus: • Courts require that the more intense, unusual, prolonged, uncomfortable, unsafe, or undignified the procedure contemplated, the greater the need for showing the procedure’s necessity.

37. SEARCH WITHOUT A WARRANT • Consent • Calif drivers license, person has given ______ ___________ for chemical testing of blood, breath or urine without a warrant • Incident to arrest-to search for and seize evidence from a suspect’s body without a warrant, must have • PC to arrest/search • Exigent circumstances • A need that outweighs the intrusiveness

38. SEARCH WITHOUT A WARRANT • Exigent circumstances • Stale evidence vs ____________evidence

39. SWALLOWING/ATTEMPTING TO SWALLOW EVIDENCE If evidence is in a Suspect’s mouth can use reasonable force to remove it or prevent it from being swallowed: • Only minimal force allowed-Nothing that amounts to a choke hold is acceptable • General rule, no bodily intrusion is permissible if force necessary to do so would ________ _____ ________

40. SWALLOWING OR ATTEMPTING TO SWALLOW EVIDENCE • Swallowed evidence: • Can detain until evidence passes naturally • Physician can pump stomach or administer an emetic: __________ by suspect. ________by physician based upon medical necessity (doctor’s judgment not L/E).

41. BLOOD SAMPLES • If need a _________, need only demonstrate: • PC that the evidence will show evidence of a crime • The removal will be conducted by a trained _________ person in a lawful manner

42. BLOOD SAMPLES • If without a warrant or consent need: • PC to arrest and search • Exigent circumstances (evanescent evidence) • ________ ________ must be used and can be taken even if Suspect is unconscious-(considered taken by force if person is unconscious)

43. FINGERPRINTS • Can use reasonable force to obtain (not practical) • Person has ___ legal right to refuse if lawfully arrested

44. HANDWRITING EVIDENCEVOICE EVIDENCE • Refusal to give handwriting sample can be used in court as ___________ of guilt. • _________ force a person to give, must get consent or court order. • No legal right to refuse voice evidence.