COMPREHENSIVE STUDY GUIDE
QUESTIONS AND VERIFIED ANSWERS
GRADED A+
⩥ Discuss plain view searches 3.
Answer: 1-Probable cause the item is contraband or evidence of a crime
2-A lawful right to be in the location
3-Lawful access to the item
⩥ Recognize the specific conditions and circumstances where
warrantless searches and seizures are considered reasonable and,
therefore, legal. 1.
Answer: The Fourth Amendment does not prohibit all searches - only
those that are unreasonable. The courts have identified the following
warrantless searches and seizures as reasonable and, therefore, legal.
⩥ Recognize the specific conditions and circumstances where
warrantless searches and seizures are considered reasonable and,
therefore, legal. 2.
Answer: Pat-down/frisks
Consent searches
Searches incident to exigent circumstances
,Searches incident to custodial arrest
Probation/parole searches
⩥ Recognize the scope and necessary conditions for conducting the
following types of warrantless searches: Pat downs/frisk cursory
searches..
Answer: A pat down/frisk is a strictly limited search for weapons of the
outer clothing of a person who has been lawfully detained. A pat
down/frisk is a search for possible weapons only, not a search for
contraband or other evidence.
⩥ Recognize the scope and necessary conditions for conducting the
following types of warrantless searches: consent searches.
Answer: For consent to be valid, the consent must be:
1- Voluntary, and
2-Obtained from a person with authority to give that consent
If the consent is valid, the consenter has temporarily relinquished any
expectation of privacy for the area or item to be searched.
⩥ Recognize the scope and necessary conditions for conducting the
following types of warrantless searches: exigent circumstance searches
1.
Answer: Exigent circumstances mean an emergency situation requiring
swift action to prevent;
Imminent danger to life
, Serious danger to property
Imminent escape of a suspect
The destruction of evidence
⩥ Recognize the scope and necessary conditions for conducting the
following types of warrantless searches: exigent circumstance searches
2.
Answer: To be legal the search must be contemporaneous with the arrest.
That is the search must be conducted:
At or near the time of arrest, although either can precede the other
At or near the place of the arrest
While the arrestee is still on the scene
⩥ Recognize the scope and necessary conditions for conducting the
following types of warrantless searches: probation/parole searches. 1.
Answer: Not all probations have a search condition, and not all search
conditions are the same. However, assuming the probationer has a search
condition permitting searches by peace officers.
⩥ Recognize the scope and necessary conditions for conducting the
following types of warrantless searches: probation/parole searches. 1
continued.
Answer: Then the search may be undertaken without any reasonable
suspicion of criminal activity, according to the California Supreme
Court.