COMPREHENSIVE STUDY GUIDE
◉ Search. Answer: The physical invasion or intrusions of privacy by
police on people, homes or personal property to obtain information
or gather evidence.
◉ Frisk. Answer: A warrantless and limited search of a persons
outer garments and area of control by police to discover weapons.
◉ Arrest Warrant Requirements. Answer: 1. Name of person to be
arrested
2. The crime allegedly committed by person named
3. A command that the person named in the warrant be brought
before the court
4. Signature of the official issuing the warrant.
◉ Arrest without a warrant. Answer: A) for a felony in the officer's
presence or with probable cause
B) A crime committed in the officer's presence that amounts to a
breach of the peace.
C) Certain misdemeanors committed in the past when arrest is
authorized by statute.
, D) Certain misdemeanors committed in an officer's presence
◉ Search incident to arrest. Answer: A search of a person and their
area of control after arrest looking for fruits, instrumentalities, and
evidence of the crime for which they have been arrested.
◉ Consent search. Answer: When a person waives their 4th
amendment rights for officers to search places where the person
consenting has a reasonable expectation of privacy. CONSENT MUST
BE VOLUTARY AND INFORMED!
◉ Plain View Doctrine. Answer: Police may seize evidence of a crime
without a warrant that is in plain view and no reasonable
expectation of privacy exists.
◉ Curtilage. Answer: The area immediately surrounding a dwelling
◉ Exigent Circumstances. Answer: Exigent circumstance exist when
there is probable cause and:
A) Likelihood of danger to police or other without immediate action.
B) Likelihood of imminent removal or destruction of evidence
C) Risk of flight.