LEARNING DOMAIN #16

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

To conduct a lawful search incident to arrest, the person must be taken into custody.

A custodial arrest is one in which the person will be transported to another location or facility, such as a station, jail, detox center, juvenile hall, or school. A search incident to arrest is not permitted when the person is merely cited and released.

Probation/ parole

A search is limited to item(s) specified in actual search conditions. Such as, the probationer's person, their residence, and any other property under their control. No reasonable suspicion of criminal activity or of a probation/parole violation is required.

Purpose of an inventory

A vehicle inventory should never be undertaken for the purpose of finding evidence or contraband, but rather only for taking note of personal property. The purpose of a vehicle inventory is to protect: the property of a person whose vehicle has been impounded or stored the government agency from false claims of loss If, during the course of an inventory, officers discover evidence of a crime or contraband, they may lawfully seize it.

search incident to arrest

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

The Fourth Amendment does not give individuals an absolute right to privacy; neither does it prohibit all searches.It limits only those searches conducted by the government that are considered unreasonable by the courts.

To determine what is reasonable, the courts must look at the totality of circumstances and balance the individual's right to privacy against the government's need to gather evidence and apprehend criminals.

Vehicles

Vehicle Code Section 415 defines a motor vehicle as a vehicle that is self-propelled. Examples of motor vehicles include, but are not limited to, the following: automobiles airplanes buses recreational vehicles carts, etc. NOTE: Self-propelled wheelchairs, invalid tricycles, or motorized quadri-cycles when operated by a person because of disability are not considered motor vehicles.

Searches Incident to Arrest

When a suspect is lawfully arrested and taken into physical custody, a limited authority exists for peace officers to conduct a warrantless search of the suspect's person, also of the property and area within the suspect's immediate control.

Plain view seizures

When an officer sees an item in plain view, no search has taken place. The owner or possessor obviously has no reasonable expectation of privacy to items which are in plain view. Without an expectation of privacy, the owner or possessor has no Fourth Amendment protection.

Exception to knock and notice

When exigent circumstances exist, peace officers are normally not required to comply with knock and notice procedures before entering.If an officer reasonably believes a person (victim or other person), inside an area that would be considered private property, may be injured or ill and in immediate need of help, the officer may enter the property without a warrant.

To establish probable cause to search, peace officers must be able to articulate how and why they have a fair probability to believe:

a crime has occurred or is about to occur evidence pertaining to the crime exists the evidence is at the location they wish to search.

Elements of probable cause to search:

a crime occurred: (There must be at least a fair probability that a crime has occurred or, in some cases, will occur.) evidence pertaining to the crime exists: (Officers must establish that evidence of a crime exists. This can be accomplished by direct evidence, circumstantial evidence, or by reasonable inference.) the evidence is located at the place to be searched.

A search incident to a custodial arrest may include:

a full search of the arrestee's person containers on the arrestee's person the nearby physical area that was under the immediate control of the arrestee (sometimes referred to as ―within arm's reach‖)

A protective search of a vehicle is

a limited warrantless search of the passenger compartment of a vehicle for weapons.A protective vehicle search is permitted if: the driver or other occupant is being lawfully detained the officer reasonably believes, based on specific facts, that there may be a weapon (lawful or unlawful) or item that could be used as a weapon, inside the vehicle

A seizure of a person occurs when:

a peace officer physically applies force, or a person voluntarily submits to a peace officer's authority

Subjective expectation of privacy is:

a person's state of mind demonstrated by affirmative action designed to protect their privacy (e.g., building a fence, closing window shades, locking a compartment, etc.).

A vehicle inventory is not a search for evidence or contraband. It is:

a procedure peace officers use to account for personal property in a vehicle that is being impounded or stored.

Exigent circumstances means:

an emergency situation requiring swift action to prevent: imminent danger to a person's life or safety serious damage to property imminent escape of a suspect imminent destruction or removal of evidence

A search warrant is:

an order in writing, in the name of the people signed by a magistrate directed to a peace officer commanding the officer to search for an individual or individuals, a thing or things, or personal property in the case of a thing or things or personal property, to bring the same before the magistrate (Penal Code Section 1523)

Fact: Because of the lack of a reasonable expectation of privacy in an area that can be viewed from an overflight, the protections of the Fourth Amendment do not apply, as long as the aircraft is:

at an altitude permitted by FAA regulations being operated in a ―physically nonintrusive manner‖

fact: An area may be secured pending issuance of a search warrant if the suspect has been arrested inside the location.

fact: An area may be secured pending issuance of a search warrant if companions of the suspect may destroy items sought upon learning of the arrest.

fact: The rule for return of the warrant is slightly different than for execution. If the 10th day falls on a weekend or holiday, then peace officers are entitled to postpone returning the warrant until the next business day.

facte: Normally, a search warrant may be served only between the hours of 7:00 a.m. and 10:00 p.m. (unless night time service is approved)

Consent may be considered involuntary if peace officers:

fail to recognize or acknowledge the consenting person may be: - too young to understand the implications of the consent. - severely under the influence of alcohol or drugs. - mentally incapable of giving permission. - overly distraught or too emotional to understand.

Probable cause to search an area or object means:

having enough facts or information to provide a fair probability, or a substantial chance, that the item sought is located in the place to be searched.(more then a hunch or a suspicion)

A reasonable expectation of privacy can exist almost anytime and anyplace as long as:

individuals have indicated that they personally (subjectively) expect privacy in the object or area, their expectation is one which society is prepared to recognize as legitimate

Peace officers may detain and frisk/pat search persons who are present and have demonstrated a connection with the premises. Examples of such a connection include a person who:

is already inside the premises has a key to enter the premises freely enters the premises without knocking Someone's mere arrival, by itself, at premises where a search is being conducted does not provide enough connection to justify a detention, let alone a cursory/frisk/pat search.

Officers who obtained voluntary consent to search a vehicle for drugs were entitled to look inside a closed paper bag on the front seat, because narcotics are often carried in similar containers.

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Knock and notice procedure:

knock or otherwise announce their presence, identify themselves as peace officers, state their purpose, demand entry, wait a reasonable amount of time if necessary, forcibly enter the premises

The scope of a cursory/frisk/pat search:

limited to outer clothing for weapons or potential weapons only. Once the officer conducting the search realizes an object is not a weapon, the officer cannot further manipulate the object; the officer must move on. Any additional feeling, grabbing, or manipulating of the item is outside the scope of a cursory/frisk search and will be considered an illegal search.

It is not a search for peace officers to conduct surveillance of private premises or to follow people who leave the premises, as long as the observations are:

made from a place where the officer has a right to be. Videotaping a suspect's activities is a form of surveillance.

Examples of good cause include situations where:

nighttime service will decrease danger to the peace officers a drug sale occurred at the search location at night prompt execution might preclude murders the property sought will likely be gone, sold, or removed by dawn the stolen items are primarily perishable or easily disposable goods

Hot pursuit

officers attempt to detain or arrest the suspect in a public place, but the suspect flees inside a private area.

A priority of the authors of the United States Constitution and the California Constitution was to avoid unlimited actions and intrusions by the government and to protect a person's:

privacy, liberty, and possession of property

A search incident to arrest may be conducted when:

probable cause for a lawful arrest exists the suspect is taken into custody the search is contemporaneous with the arrest NOTE: The search is justified by the custodial nature of the arrest, not by the nature or circumstances of the crime that lead to the arrest.

Search warrants must include specific:

statutory grounds for issuance identification of the area(s) or person(s) that may be searched identification of the item(s) to be seized If an area is searched or an item is seized that is beyond the scope of the warrant, the evidence may be excluded later at trial.

A vehicle may generally be deemed an instrumentality of a crime if:

the crime was committed inside the vehicle the vehicle was the means by which the crime was committed (e.g., hit and run) NOTE: A vehicle is not an instrumentality merely because it is used during the commission of a crime.

The Fourth Amendment, like the other Amendments in the Bill of Rights, limits the power of:

the government but does not apply to actions by private individuals. If a private individual violates someone else's expectation of privacy, the victim may be able to make a claim in the civil court system.

Under the nexus rule, officers may seize items not listed in the warrant when:

the items are discovered while the officers are conducting a lawful search for the listed evidence, and they have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the criminal Nexus means a reasonable connection or link between two or more items.

During a cursory/frisk/pat search, an officer may reach inside a subject's clothing or pockets to inspect an object further only if:

the object reasonably felt like a weapon or something that could be used as a weapon the subject's clothing is so rigid or heavy that the officer could not rule out the possibility of a weapon or potential weapon

For a cursory/frisk/pat search to be lawful:

the person must be lawfully detained for an investigative purpose the searching officers must be able to articulate specific facts which caused them to reasonably believe the person is dangerous or may be carrying a weapon

Scope of a search Under exigent circumstances

the primary purpose of the officer's entry is to attend to the emergency situation. After entering the premises, officers may conduct a search only if it is reasonable to believe a search is necessary to secure the emergency.

Curtilage means:

the relatively small and usually well-defined area immediately around a residence to which the occupant has a reasonable expectation of privacy.

Necessary conditions To inventory a vehicle:

the vehicle must be in the lawful custody of law enforcement the officer conducts the inventory pursuant to a standardized agency policy The decision to impound and/or inventory must be made in good faith for lawful reasons such as, but not limited to: the driver (sole occupant) is taken into custody the vehicle, involved in a traffic accident, cannot be driven the vehicle must be moved to protect it or its contents from theft or damage circumstances listed in the Vehicle Code (e.g., vehicle as a traffic hazard, stolen vehicle, etc.)

Probable Cause Searches of Vehicles

the vehicle must have been lawfully stopped, or otherwise be lawfully accessible the officers must have enough facts, knowledge, training, or experience to provide probable cause that the item they are seeking will be found inside the vehicle:

A peace officer may enter without a warrant if the officer reasonably believes that...

there is a medical emergency where a person may be incapacitated, a child inside the premises is presently being physically abused, or a child is in immediate need of protection. Violent assault there are people inside the residence who constitute an imminent and serious threat to themselves or others. Domestic violence entry is necessary to protect a victim by preventing ongoing or additional violence

Fresh pursuit

there is no physical chase, but officers are quickly responding to information concerning the suspect's whereabouts, and the officers reasonably believe the suspect's escape is imminent.

A seizure of property occurs when:

there is some meaningful interference with an individual's possessory interest in that property by the government.

The Fourth Amendment to the Constitution prohibits:

unreasonable searches and seizures by the state and establishes that any search or seizure by the state must be based on probable cause.

For consent search to be valid, the consent must be:

voluntary, and obtained from a person with apparent authority or to give that consent NOTE: If the consent is valid, the consenter has temporarily relinquished any expectation of privacy for the area or item to be searched. NOTE: An unlawful detention invalidates a consent search.

Objective reasonableness refers to:

whether society is prepared to recognize the individual's expectation as reasonable.

Direct evidence is evidence that proves a fact directly, without an inference or presumption (e.g., the sale of a controlled substance to an undercover officer).

Circumstantial evidence is evidence that proves a fact indirectly, that is, personal knowledge or observations from which deductions must be drawn by the jury or court (e.g., partial six-pack of beer found on the car seat supports inference that someone in the car has been drinking).

define Knock and notice:

Knock and notice simply means that before entering a dwelling to serve a search warrant, officers must give notice to persons inside through certain actions.

Plain view seizure requirements

Peace officers must still meet certain requirements before the item in plain sight may be legally seized as evidence. Peace officers must have: probable cause the item is contraband or evidence of a crime a lawful right to be in the location lawful access to the item

Plain View Seizures from Vehicles: Requirements for seizure:

Peace officers must: have probable cause to believe the item is crime-related lawfully be in a location to observe the item have lawful access to the item. example: A peace officer made a traffic stop and observed, from outside the vehicle, items which she recognized as marijuana debris on the floorboards. The plain view observation permitted the officer to enter the passenger compartment and seize the evidence, and provided probable cause to search for more.

When executing a search warrant, there is a specific requirement that before forcing entry, peace officers must be refused admittance.

Refusal may be based on: a verbal statement individual conduct the passage of a reasonable amount of time.

Standing exists only if a subject has a reasonable expectation of privacy in the place or thing that is searched or seized.

Standing generally is established by: ownership lawful possession authority control of the area searched or the property seized

A search occurs when:

an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government.

fact: Warrantless, suspicionless probation and parole searches are both reasonable under the Fourth Amendment, according to the California Supreme Court.

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If an officer reasonably believes there is a need to enter a private area in order to protect the property of the owner or occupant, the officer may enter without a warrant.

A peace officer may enter without a warrant if the officer reasonably believes that... Burglary the premises are presently being burglarized. Other emergencies the premises are on fire, or there are dangerous chemicals or explosives on the premises which pose a danger to people or property.

Protective sweeps

A protective sweep is a brief search to look for individuals only. If peace officers are already lawfully inside or outside a house and have a specific factual basis for believing there may be other people inside who pose a danger to them, the officers can conduct a protective sweep.

Notification - probation searches

According to the California Supreme Court, notification of the individual's probation officer is not required prior to a warrantless probation search as long as the search condition authorizes a search by any law enforcement officer or any peace officer. However, if this specific language is not included in the search condition, officers must contact the probation officer first. It will then be up to the probation officer to conduct the search or to authorize a peace officer to conduct the search.

fact: During a protective vehicle search, if the officer comes across a container within the passenger compartment, the officer is entitled to seize it and open it only if it is reasonable to believe that it could be used as a weapon, or that it might contain a weapon.

After receiving notification of an armed assault within the area, officers stopped a vehicle containing occupants who roughly matched the description of the assailants. The officers ordered the driver and the passenger out of the car and conducted a limited protective search of the passenger compartment for weapons.

define overflight:

An overflight is the flight of a plane or helicopter over a given area.

identify factors that have been recognized as contributing to the suspicion that the person may be carrying a weapon or pose a danger:

Clothing Bulge in clothing that is the size of a potential weapon Wearing a heavy coat when the weather is warm. Actions: Trying to hide something Appearing overly nervous Acting in a threatening manner Prior knowledge: History of carrying weapons or violent behavior Reason for detention::Stopped in order to investigate a serious, violent, or armed offense. Companions: Lawful search of companions revealed a weapon or potential weapon

Fact: A peace officer's training and experience is relevant in establishing probable cause.

Facts must be seen and weighed as understood by a reasonable officer with that particular officer's training and experience

It is lawful for peace officers to enter private property without a warrant in order to prevent the escape of a suspect, especially if the suspect is armed and dangerous or has just committed a violent felony.

Hot pursuit, Fresh pursuit

The courts have ruled that it is not legally necessary for officers to advise potential consenters that they have a constitutional right to refuse consent of a warrantless search.

However, giving the consenting person such a warning is a strong positive factor indicating the voluntariness of the consent.

Exclusionary rule:

If a court finds that a search is not reasonable and that a person's Fourth Amendment rights have been violated by the government, all items seized during the search could be ruled inadmissible or excluded as evidence at trial.

The Fourth Amendment does not protect articles or an area that has been abandoned by its owner:

If an item has been abandoned by the owner, the owner has relinquished any expectation of privacy over the item. (Trash placed in a position for pick-up outside the curtilage of the residence is considered abandoned)

In California there is no statutory requirement to present a copy of the warrant to the occupant. Therefore, failure to do so will not result in the suppression of any evidence seized.

If no one is home, a copy of the warrant may be left in a conspicuous place. Likewise, officers must leave behind a detailed list of the property taken, whether anyone is home or not. (Penal Code Section 1535)

Transporting a passenger:fact: Peace officers may conduct a cursory/frisk/pat search of any person the officers have a duty or are obligated to transport before permitting the person to ride in a law enforcement vehicle.

If officers are not obligated to transport the person, a cursory/frisk/pat search is permitted only if the officer informs passengers that: they have the right to refuse the ride if they accept the ride, they must first consent to a cursory/frisk/pat search

Failure to make a timely execution of a search warrant: what may be done?

If the 10-day period has expired, peace officers must either: obtain a new warrant resubmit the expired warrant so it may be reissued and revalidated

contraband fact: If, during a lawful cursory/frisk/pat search for weapons, an item is discovered that is immediately recognized as contraband (based on plain sight, smell, or touch), the officer may seize it. If the person is placed under arrest, the officer may then conduct a full search incident to the custodial arrest.

If the item is not immediately recognized as contraband, the officer may not manipulate the suspected area or object further in order to establish its nature, unless the officer is still concerned it may be a weapon or potential weapon.

Forcible entry to execute a search warrant:

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)

scope of Searches of Vehicles as Instrumentalities

If the search is undertaken without a warrant, the scope will be determined by the nature of the evidence being sought. That is, officers may search any part of the vehicle where the object(s) they are looking for might reasonably be located. If the search is undertaken pursuant to a warrant, the scope will be determined by the terms of the warrant.

Securing an area pending issuance of a search warrant:

In addition to probable cause to search, they also need exigencies, that is, a belief, based on the surrounding circumstances or information at hand, that the evidence will likely be destroyed or removed before a search warrant can be obtained.

cursory/pat.frisk search fact: If the officer comes across a container on the person during a cursory/frisk/pat search, the officer is entitled to seize it and open it only if it is reasonable to believe it can be used as a weapon or that it might contain a weapon.

In general, common containers like cigarette packs and film containers are not searchable.

Simply because an officer can see an object in plain view from a lawful location does not automatically mean the officer may legally enter private property without a warrant to seize it, even if the object is obviously contraband or evidence of a crime. The officer also needs lawful access.

Lawful access to private property is most commonly obtained when: the officer's entry is based on consent the officer's entry is based on exigent circumstances, for example, a reasonable belief that the evidence will be destroyed if entry is delayed in order to obtain a warrant the officer has lawfully entered the area for some other purpose (e.g., to conduct a parole or probation search, or an administrative or regulatory search, etc.)

protective search of vehicle: Scope of search

Like a cursory/frisk/pat search of a detained person, protective vehicle searches are allowed to prevent an unexpected assault on peace officers. Officers may search: only for weapons or potential weapons in the passenger compartment of the vehicle where the occupant(s) of the vehicle would have reasonable access to a weapon or item that could be used as a weapon Once the searching officer determines there are no weapons or potential weapons within the passenger compartment, the search must end.

identify factors that have been recognized as contributing to the suspicion that the person may be carrying a weapon or pose a danger:

Location Stopped in an area known for violence, or where the officer is unlikely to receive immediate aid if attacked Time of day/amount of light Stopped during nighttime Stopped in an area with little or no lighting Ratio Detainees outnumber officers.

Before issuing a search warrant to enter a person's body, the court will also address a number of factors regarding the necessity and safety of the search itself.

Method used What is the likelihood this type of search will result in the discovery of the evidence sought? Seriousness of the offense Does the nature of the offense justify the infringement on the person's privacy and dignity? Importance of the evidence to the investigation Is this particular evidence absolutely necessary to the investigation, or is it sought merely to corroborate other existing evidence? Existence of alternate means Are there any other less intrusive methods or means of obtaining the same evidence? Safety and intrusiveness Will the method or extent of the proposed intrusion: - threaten the individual's safety or health? - be conducted in accordance with accepted medical practices? - involve unusual or untested procedures? - result in psychological harm to the individual?

Scope of search: Searches of Vehicles Incident to Custodial Arrest

No matter what the arrest is for, as long as the driver or occupant of a vehicle is taken into custody, peace officers may search: ―the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest‖ Or The arrestee is un-secure and still has access (arms reach) to the vehicle. NOTE: The trunk of a vehicle may not be searched incident to the arrest of an occupant of the vehicle.

do open fields have an reasonable expectation of privacy?

No, Open fields are areas which are so open to public view that the owner or possessor is deemed to have implicitly invited the general public to view the area. Because of the lack of a reasonable expectation of privacy in open fields, the protections of the Fourth Amendment do not apply.

Probation Search Conditions

Not every probation has a search condition, and not all search conditions are the same. However, assuming the probationer has a search condition permitting searches for ―X‖ by peace officers, the search for ―X‖ may be undertaken without any reasonable suspicion of criminal activity.

Notification - parole searches

Notification to the individual's parole officer is not legally required prior to a warrantless parole search. However, the California Department of Corrections and Rehabilitation (CDCR) has requested notification prior to warrantless searches of a parolee's residence or business.

Searches of Vehicles Incident to Custodial Arrest conditions

Officers may search the passenger compartment of a vehicle if they have made a valid custodial arrest of any occupant of the vehicle and: the arrestee is unsecured (e.g. not locked in the police car, not handcuffed) and has reachable access to the vehicle and/or the officer has reasonable suspicion to believe evidence, pertaining to the crime for which the suspect was arrested, is to be found in the vehicle and/or the office has reasonable suspicion there is a weapon in the vehicle NOTE: The search may be conducted before the occupant is actually placed under arrest as long as probable cause to arrest existed at the time of the search.

define parole

Parole is a conditional release from a state prison which allows an individual to serve the remainder of a sentence outside of prison, which a person must serve on the ―outsid after having completed the actual prison sentence.

Scope of the search (probation and parole)

Parole search conditions permit a search of the parolee's person, residence, and any other property under their control (e.g., vehicle, backpack, etc.). Probation search conditions depend on the specific terms of the probationer, which may be as broad as parole conditions. Therefore, officers should determine the probation search conditions before they conduct a search.

Searches of Vehicles Incident to Custodial Arrest,example

Peace officers arrested a man next to his car at the scene of a petty theft. They conducted a search of the man's vehicle as he stood nearby. The search was considered contemporaneous and legal because the man had access to the car at the time of the search.

Probable Cause Searches of Vehicles example

Peace officers had probable cause to believe a person had stolen cash from an open cash register at a convenience store. The officers were justified in searching all areas of the person's vehicle where the cash might reasonably be located (i.e., the recesses of the car seats, the trunk, the pockets of a jacket on the back seat, etc.).

"Arm's reach" rule, search incident to arrest

Peace officers may search any area that is or was reasonably within the arrestee's control. This could include any area from which the arrestee may: grab a weapon obtain any item that could be used as a weapon destroy evidence. The fact that the arrestee has been handcuffed or otherwise immobilized does not eliminate or change the ―arm's reach‖ rule.

Search Warrants:

Peace officers must articulate probable cause that: a crime has been committed, and evidence concerning the crime or the identity of the perpetrator is located at the place to be searched.

Arrest Warrants:

Peace officers must articulate probable cause that: a crime has been committed, and the individual to be arrested committed that crime.

Time limit for service for a search arrant is:

Penal Code Section 1534 states that the search warrant shall be executed and returned within 10 days from issuance. The 10-day time limit means that peace officers have 10 days within which to execute the warrant, beginning with the day after the warrant is issued and running until midnight of the 10th day, with no exceptions for weekends or holidays.

define Probation

Probation is a sentencing alternative for a person convicted of a criminal offense and is granted at a judge's discretion. Rather than incarceration, the individual remains under the authority of the probation department. Probation may be formal (supervised) or informal (unsupervised).

scope of a protective sweep

Protective sweeps are limited to spaces immediately adjoining the area of an arrest: where another person could be hiding from which an attack could be immediately launched It is illegal to sweep into areas beyond those ―immediately adjoining‖ the arrest location, unless the officer has reasonable suspicion, based on articulable facts, that there may be someone there who poses a danger to the officer.

scope of the vehicle inventory search:

Scope of search The courts have made it clear that a standardized agency policy may be very broad regarding vehicle inventories, permitting examination of any area where valuable or dangerous items are commonly kept. This may include, but is not limited to: under the seats glove compartments consoles the trunk closed containers

Scope of search: Searches of Vehicles Incident to Custodial Arrest (continued)

The arrest must be custodial, meaning the arrestee will be transported by law enforcement personnel to another location, such as a jail, detox facility, or school. An arrest is not custodial, and therefore no search is allowed, if the arrestee is merely cited and released.

As stated in Penal Code Sections 1529 and 1533, the following information must appear in the search warrant:

The names of all those who have sworn that the facts presented as probable cause are true The statutory grounds for issuing the warrant Descriptions of the places and/or persons to be searched Descriptions of the things or property to be seized The magistrate's signature The date issued An indication by magistrate if nighttime service is authorized

Parole Search Conditions

The officer must know about the parole conditions before the search. An officer may conduct a parole search without reasonable suspicion but cannot conduct a parole search for arbitrary, capricious or harassment reasons.

Scope of the search: Probable Cause Searches of Vehicles

The scope of a vehicle search based on probable cause depends on the item or object peace officers are searching for. Officers may search any part of a motor vehicle, or anything inside the vehicle, as long as what they are searching for might reasonably be located there. This includes, but is not limited to: the passenger compartment the glove compartment the hood the trunk any closed personal containers (including locked containers)


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