QUESTIONS AND CORRECT ANSWERS
◉Forcible entry to execute a search warrant. Answer: If the knock
and notice requirements are met, including refusal, peace officers
may legally break in or force entry into premises to execute a search
warrant. (Penal Code Section 1531)
◉Exception to knock and notice. Answer: Officers are allowed to
enter private property unannounced if: Harm to the officers or other
individuals (hostages);The destruction of evidence.
◉Ruse entry. Answer: Peace officers may use a false identity, a ruse
or trick to obtain consent to enter as long as they already have a
judicially-authorized right to enter, i.e.,a search warrant.
◉Detaining persons on the premises during a search warrant.
Answer: Officer May detain and frisk/pat search persons who are
present and have demonstrated a connection with the premise. EX:
is already inside the premises Has a key to enter the premises
freelyEnter the premises without knocking
,◉Requirements for plain view seizures. Answer: Officers must meet
certain requirements before an item in plain view may be seized
legally and used as evidence. Police officers must have probable
cause, a lawful right to be in the location, and lawful access to the
item.
◉Probable cause for a plain view seizures. Answer: A fair
probability that the item in plain view is contraband or evidence of a
crime.
◉Observation from a lawful location for a plain view seizure.
Answer: Peace officers must have a lawful right to be at the location
from which they initially observe the item. That is, the observation
must be made from a vantage point that does not violate an
individual's reasonable expectation of privacy
◉Public access area for a plain view seizure. Answer: Officers have
the legal right to make observation from any public access area at
any time.
◉Surveillance. Answer: It is not a search. Observations are made
from a place where the officer has a right to be
◉Exigency circumstances searches. Answer: Emergency situations
requiring swift action to prevent imminent danger to a persons life
, or safety, serious damage to property, imminent escape of a suspect,
imminent destruction or removal of evidence
◉custodial arrest. Answer: Arrest in which the suspect will be
transported to a station, jail, detox center, juvenile hall, or school
◉"Arms reach" rule. Answer: Officers may search any area that is or
was reasonably within the arrestees control. This includes: grab a
weapon, obtain any item that could be used as a weapon, or destroy
evidence.
◉Protective Sweep. Answer: Brief search of a house or building to
look for individuals only
◉Warrantless arrest for misdemeanors and felonies. Answer: A
warrantless arrest is a violation of the fourth amendment unless it is
supported by probable cause. Peace officers must comply with
numerous statutory requirements.
◉Three types of Encounters. Answer: Consensual encounter,
detention, arrest
◉Detention. Answer: Requires reasonable suspicion of criminal
activity to make it lawful. Not free to leave, traffic stops, investigating
a crime.