Search and Seizure 4.11

The court order is valid for _____ maximum and must be returned to the magistrate within ____ from the date of issue. • The subject may be detained for a maximum of _______.

15 days 30 days three hours

A person has no reasonable expectation of privacy in an open field. True/False

True

________ is the rule of thumb for determining the reasonable amount of time necessary to investigate.

Twenty minutes

A search warrant may be served by a Phoenix police officer ________ in the state of Arizona.

anywhere

Protective Sweep: A quick and _______ search for persons posing an ______ danger to officers or others at the scene of an arrest. The sweep should occur at the _____ of the arrest or shortly thereafter.

cursory immediate time

An officer may enter an "open field" without a search warrant and seize any _________ in plain view.

evidence

Probable Cause to Search: Facts and circumstances, and any rational inferences therefore, that would lead a reasonable and prudent police officer to believe a crime has been committed and _____ thereof will be found in the place to be searched.

evidence

A search warrant must be executed within _______ days from its issuance and returned to a magistrate within _______ court business days after the warrant is executed.

five calendar three

Seizure: A person has been seized if, under a totality of the circumstances, a reasonable person would believe that he/she was not______; property has been seized when there is some_____ interference with an individual's/possessors interest in that property.

free to go meaningful

An example of abandoned property Subject checks out of _____.

hotel

Plain View: A circumstance when (1) the officer is lawfully positioned to the see object, (2) the object's ______ character is immediately apparent, and (3) the officer has a ______ right of access to the object.

incriminating lawful

Search: An _________ upon a person's reasonable expectation of privacy; usually involves a physical intrusion for the purpose of seeking evidence

infringement

If the officer possesses a valid arrest warrant, a search warrant ______ necessary to enter the suspect's own residence; however, the officer must have probable cause to believe the suspect may be in the residence.

is not

If the officer cannot determine whether such object contains a weapon without opening it, the officer ____ look inside the object and briefly examine its contents.

may

The passenger compartment of the vehicle _____ searched for weapons if the officer has _________ the person associated with the vehicle is dangerous and the person may gain __________ to weapons in the vehicle; the search is _______ to areas where a weapon might be placed or hidden.

may be reasonable suspicion immediate access limited

Officers _____ immediately seize items they see in "open view"; unless exigent circumstances develop, or another ______ to the warrant requirement applies, officers must obtain a search warrant before they seize items in "open view".

may not exception

Reasonable Suspicion: Facts and circumstances, and any rational inferences therefore, that would lead a reasonable and prudent police officer to believe crime is/was afoot (has been, is being, or is about to be committed); the officer _______ know the exact nature of the crime; an officer may _______ a person based on reasonable suspicion but may not _____ or ______.

need not stop or detain arrest search.

If a responsible party is present who is willing (with the owner/drover's permission) to take responsibility for the vehicle, ___ inventory will be conducted.

no

Standing: A person has standing to_____ to a search or seizure if that person has a reasonable expectation of ______ in the place to be searched or item to be seized; some factors used to determine if a person has standing to object include whether the person_____, leases, controls, lawfully occupies, rightfully possesses, or has an interest in the premises or property.

object privacy owns

Open View: A circumstance where an officer sees an item that he/she has probable cause to believe is crime related (evidence) from a vantage point________ a constitutionally protected area (a place where a person has a reasonable expectation of privacy); a _______ is required for a lawful search and seizure unless _____ circumstances exist; under the open view doctrine, a ______ is not automatically allowed, without more, such as exigent circumstances, etc.

outside search warrant siezure

Search Incidental to Arrest Made from a Vehicle (1) When an officer has made a lawful custodial arrest of an occupant of a vehicle, the officer may search the entire _____________ of the vehicle, including ___________. (2) The search of the vehicle must occur at the _____ of the arrest or shortly thereafter. (3) The search incident to arrest should commence while the arrestee is still at the ______. (4) This search does not extend to the ______. (5) If an arrest is made as a result of a stolen vehicle stop, and a search incident to arrest is completed, the vehicle will be __________ (including the trunk) prior to tow, release to owner, or if the vehicle is locked and left legally parked at the owner's request.

passenger compartment containers time scene trunk inventoried

Search Warrant: An order in writing issued in the name of the state, signed by a magistrate, and directed to peace officers, commanding them to search for________, persons, or items described therein (ARS 13-3911)

personal property

All searches and seizures conducted pursuant to a search warrant are _____________.

presumed reasonable

A search of the subject may also be conducted based on _________ the subject possesses evidence, contraband, fruits of the crime, instrumentalities, and/or items subject to lawful seizure, on their person, even though they will be _________.

probable cause cited and released.

The trunk may be searched only pursuant to ________, by vehicle ______ prior to release or tow, or by ______ with authority or by apparent authority.

probable cause inventory consent

During the execution of the warrant, officers may seize the following items even though such property is not named on the warrant: • Contraband • Items of property the officer has ________ to believe are stolen • Instrumentalities of a crime • Items of ________ value

probable cause evidentiary

Racial Profiling: The reliance on ____, skin color, and/or ethnicity as an indication of ______, including reasonable suspicion or probable cause, except when part of a suspect description.

race criminality

Probable Cause to Arrest: Facts and circumstances, and any rational inferences therefore, that would lead a __________ police officer to believe a crime has been or is ____ committed, and the subject to be arrested _______ the crime; an officer may arrest based on probable cause.

reasonable and prudent being committed

A vehicle may be stopped for investigation if the officer has a __________ to believe the driver or occupants are involved in criminal activity or committed a traffic offense. (1) The driver and _______ may be ordered out of the vehicle or to remain within the vehicle.

reasonable suspicion passengers

A search warrant may be issued for the following purposes: ∗ To _______ property that has been stolen ∗ To seize property used as a means of __________ a public offense (instrumentalities) ∗ To seize property, the mere possession of which is a ________ of law (contraband) ∗ To seize property in the possession of any person who intends to use it as a means to commit a public offense, or in the possession of another to whom it may have been delivered for the purpose of _______ or preventing it from being discovered ∗ To seize property or things that constitute any evidence that tends to show a particular offense has been committed, or _________ a particular person has committed an offense (items of evidentiary value only) ∗ To search for the subject of an arrest warrant in a ________ residence (absent of consent or exigent circumstances) ∗ Valid Administrative/_________ Search

recover committing violation concealing tends to show third party's Inspection

The Fourth Amendment to the United States Constitution, of the Arizona Constitution (Article 2, Section 8), court decisions interpreting the constitutional provisions and statutes protect all persons and their property against unreasonable ___________.

search and seizure

The most common legal courses of action available to officers for conducting a reasonable search and seizure are listed below: • A valid _________ • An arrest based on _________ • A valid arrest __________ • _________ to a lawful arrest • _________ circumstances (probable cause exists, but no time to obtain a warrant) • Investigative ________/stop and frisk • ________ exception • ________ view • Consent • ________ Sweep • Inventory • ________/open fields • ________ property

search warrant probable cause warrant Incidental Exigent detention Vehicle Plain Protective Curtilage Abandoned

The Metro Area Deconfliction & Coordination Action Program (MADCAP) is intended to improve communication between various law enforcement agencies when conducting investigations, surveillance, and ____________ in an attempt to prevent incidents of mistaken identity, doubt of credibility, or other situations of misunderstanding.

search warrants

Officers may lawfully ____ items in plain view. (1) If during a valid frisk or pat down, an officer feels something the officer immediately recognizes as being crime-related, the officer ____ seize the item without a warrant. (2) The officer must be able to _____ the probable cause to believe the item was contraband or otherwise seizable as being crime-related, such as training, experience, etc.

seize may articulate

Consent may be withdrawn at any _____ and, should this occur, the search must be _________, unless probable cause has been developed.

time terminated

Upon expiration of the five day period, the warrant is ____ unless the time is extended by a magistrate.

void

Any consent search must be ______, without force, threats or promises. (1) The voluntariness of a person's consent is determined by the totality of the circumstances, using a reasonable person standard. (2) A person who gives consent for the search _____ the requirement for both a warrant and probable cause.

voluntary waives

Warrantless searches incidental to a lawful arrest are valid for the following reasons: (1) To seize _______ or other articles that might be used to attack the officer (2) To seize the means suspects might use to affect their _______ (3) To prevent the _______ of fruits, instrumentalities or evidence of any crime

weapons escape destruction

If an officer observes a criminal violation (including criminal traffic) and intends to cite and release the subject from the start of the incident, the suspect being issued the ATTC ______ be searched incident to arrest.

will not

Officers ______ search anyone incident to arrest unless they book the subject into jail or transport for further investigation.

will not

Suspicious activity alone _____ allow a frisk for weapons, contraband, other evidence, etc.

will not

Officers ______ conduct a search for evidence if a person that has joint access and control is present and refuses to consent to the search, even if another person with joint access and control is present and _________ to the search.

will not consents

Officers ______ stop an individual based on race, religion, national origin, gender, sexual orientation, or economic status, unless part of a ______ description.

will not suspect