Term
| A someone gives consent to search, they are doing what? |
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Definition
| Relinquishing their Fourth Amendment rights voluntarily |
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Term
| When conducting a search, it is not always necessary but is preferred to have what? |
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Definition
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Term
| What is the critical issue with any consent to search? |
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Definition
| Whether the consent is voluntary |
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Term
| Who may give consent to search a vehicle? |
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Definition
| The person in lawful possession |
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Term
| Who may give consent to search a residence? |
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Definition
| The person in lawful possession |
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Term
| Who bears the burden of proving that the consent was not coerced? |
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Definition
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Term
| As it relates to searches, can a landlord give consent to search a residence being occupied by a tenant? |
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Definition
| No, although the landlord may own or have authority over the residence, he is not in lawful possession while the residence is occupied by a tenant |
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Term
| What is the requirement to provide a warning of Fourth Amendment rights before the person gives consent? |
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Definition
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Term
| An officer makes a lawful traffic stop and would like to search the vehicle. What is the officer required to tell the driver before asking for consent to search? |
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Definition
| The officer is not required to tell the driver anything before asking for consent |
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Term
| What is the BEST way to obtain consent? |
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Definition
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Term
| Once consent is given, who controls the conditions of the search? |
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Definition
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Term
| Under the totality of circumstances, who bears the burden to show the consent was voluntarily given? |
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Definition
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Term
| If an officer seizes anything during a consented search, what is the officer required to give the consenting party? |
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Definition
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Term
| An itemized list, showing everything that was seized during a search, that is given to the consenting party , is known as a what? |
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Definition
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Term
| What is the key to any search conducted incident to an arrest? |
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Definition
| Imposition of physical custody |
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Term
| What are the two threshold requirements related to searches incident to arrests? |
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Definition
| Search should be made at the time and place of the arrest and must be a lawful custodial arrest |
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Term
| Who can conduct a body cavity search? |
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Definition
| Medically trained personnel only |
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Term
| Absent an emergency, what is the extent of the scope of the search an officer can conduct following a lawful arrest? |
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Definition
| Any area within the immediate control of the arrestee at the time of the arrest |
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Term
| A protective sweep may be made by officers following a lawful arrest if there are what? |
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Definition
| There are facts known to the officer to justify reasonable suspicion |
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Term
| A warrantless search of a vehicle on the basis of probable cause to believe the vehicle contains contraband, is also known as what kind of search? |
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Definition
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Term
| The Ross Rule Search is also known as what? |
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Definition
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Term
| The legal principle behind the Carroll Rule Search is known as what? |
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Definition
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Term
| Another name for the Carroll Doctrine is what? |
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Definition
| Vehicle Exclusion Doctrine |
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Term
| What are the two related areas of the Fourth Amendment protection where warrantless searches are permitted? |
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Definition
| Supervisory Searchs and School Searches |
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Term
| Which doctrine addresses the need to conduct a search when there is not enough time to secure a warrant? |
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Definition
| Exigent Circumstances Doctrine |
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Term
| Name the 4 general exceptions to the warrant requirement as it relates to searches. |
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Definition
- Consent searches
- Search incident to arrest
- Certain vehicle searches
- Emergency searches
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Term
| True/False: Warrantless searches are not favored and will be closely scrutinized by the courts. |
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Definition
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Term
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Definition
| A relinquishment of Fourth Amendment rights by the consenting party |
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Term
| What is the critical issue with any consent search? |
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Definition
| Whether the consent was voluntary |
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Term
| If challenged, who bears the burden of proving the consent was voluntary? |
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Definition
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Term
| Provide at least 3 things that may be considered by the court in determining the voluntariness of a consent. |
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Definition
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Number of officers present
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Time of day
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Manner of the request
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Display of weapons
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Physical or mental condition of the consenter
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Whether the consenter is in custody
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Term
| True/False: Only a person in lawful possession may give consent to search. |
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Definition
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Term
| Can a landlord give consent to search an tenant's apartment? |
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Definition
| No. Although the landlord owns the apartment, he/she is not in lawful possession. The tenant must give consent. |
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Term
| What is the requirement for advising an individual of their rights before consent is given? |
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Definition
| There is no requirement to provide warning of Fourth Amendment rights before the consent. However,since it is a factor bearing on the voluntariness of consent, good police practice would be to inform the individual that they have the right to withhold consent |
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Term
| Is it required that an officer advise an individual that has just been stopped that they are free to leave before the officer asks for consent? |
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Definition
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Term
| After a search has be executed and items have been seized, what must be given to the consenting party before the officer can leave |
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Definition
| A receipt in the form of an itemized list accurately and adequately describing every item that was seized. |
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Term
| In absence of extraordinary circumstances, what are the 3 ways a search of a person can be accomplished? |
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Definition
- Incident to lawful custodial arrest
- Consent
- With a search warrant
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Term
| Name the 2 threshold requirements needed to conduct a search incident to arrest |
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Definition
- Must have been a lawful custodial arrest
- Search should be made at the time and place of the arrest
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Term
| What is required for a body cavity search? |
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Definition
| Court order or Search warrant |
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Term
| How intense can a search incident to arrest be? |
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Definition
| The search incident to arrest may be as thorough as necessary to protect the arresting officers and the arrestee, preserve any evidence, and prevent escape |
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Term
| What is the rule on conducting a Protective Sweep following a lawful arrest? |
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Definition
| Officers may properly conduct a search of the premises if they have reasonable suspicion that confederates, accomplices, or others are present and may jeopardize the safety of the arresting agency or the arrestee |
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Term
| What happens to the contents of a vehicle if it has been seized? |
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Definition
| The contents are inventoried and a receipt is given |
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Term
| Name at least 3 types of vehicle searches. |
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Definition
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Vehicle Identification Number (VIN) Examinations
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Vehicle Exception
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Search incident to arrest in a vehicle
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Frisk type search of a vehicle
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Inventory
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Term
| What is another name for the Vehicle Exception search? |
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Definition
| Carroll Rule Search or Ross Rule Search |
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Term
| What is the legal principle behind the Vehicle Exception search known as? |
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Definition
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Term
| What are the 3 primary interests of an inventory of a vehicle? |
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Definition
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Protecting the car owner's property
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Protecting the police against claims of theft and damage
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Protecting the police and public against dangerous instrumentalities
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Term
| What are the threshold requirements for an inventory? |
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Definition
- Police must take custody of the vehicle
- Inventory must be done pursuant to written departmental policy guidelines
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Term
| What is the Exigent Circumstances Doctrine? |
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Definition
| It is an exception to the Fourth Amendment's protection against searches conducted without prior approval by a judge. It recognizes that "warrantless entry by criminal law enforcement officials may be legal when there is a compelling need for official action and no time to secure a warrant" |
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Term
| Name two types of "miscellaneous" warrantless searches also covered by the Fourth Amendment. |
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Definition
| Supervisory Searches and School Searches |
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