Section 2.3 Search and Seizure

What are the hours for a nighttime search

2200-0630

Once a search warrant is served, the search warrant must be returned to a judge w/in how many days after being executed

3 court business days

the right of the people to be secure in their person, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause supported by oath, or affirmation, and particularly describing the place to be searched and the persons or things to be seized is under which Amendment

4th Amendment

A search warrant must be executed w/ ho many days of being issued

5 calendar days

To renew the warrant for how many days is available w/ the judge's authorization

5 calendar days

Allows an officer to force entry (after knocking and announcing) into the arrestee's residence for purposes of serving the warrant (making the arrest)

Arrest warrant

valid consent to search may only be given by a person who has a right to the "lawful use and control of the property at the time of the consent"

Authority to search

the immediate area surrounding the home is called

Curtilage

A rule that prevents the state from introducing evidence that the state obtained in an illegal search or in violation of rights that directly or indirectly led to the evidence. Purpose is to deter police misconduct

Exclusionary Rule

A pat down of person's exterior clothing to check for weapons. Only purpose of a this definition is to protect the officer. Can go beyond exterior of clothing if unable to determine in good faith if a weapon is present after patting down exterior clothing.

Frisk

that which is not concealed or hidden and out for anyone to see; Officer is not in a position where he can legally immediately seize the evidence ("outside looking in")

Open view

object must be immediately identifiable as weapon/contraband without further manipulation or intrusion by officer than what is required for frisk

Plain feel

which is visible from where an officer has a legal right to be, and the officer may immediately seize the item. The officer must be legally present and the seized item must be immediately recognizable as being crime related (evidence or contraband); need not be inadvertent

Plain view

Suspect may withdraw consent at any time and search must stop is called

Revocation of consent

An exercise of dominion or control of that person or object.

Seizure

Service by a police officer; may be assisted by non-sworn personnel so long as their participation is reasonably related to a law enforcement purpose

Service of warrant

The right to challenge the legality and admissibility of the evidence in question is called

Standing

Must have reasonable suspicion, based on articulable facts, that a crime has occurred or there is criminal activity "afoot"

Terry stop

Physically intruding upon persons, houses, papers or effects for the purpose of obtaining info. is called

a Search

An officer may frisk (pat down) a person only if the officer has reasonable suspicion that the person is presently armed and dangerous is called

a Terry frisk

actions occurring during the same time frame, but NOT simultaneous is called

contemporaneous

probable cause to believe that evidence is present in the area and that the evidence will be lost or destroyed w/out immediate action

exigent circumstances

A search warrant must be signed by a(n) ____ judge

impartial

May search only where permission is given is called

limitation of consent

if the lawful custodial arrest takes place w/in the premises, the officer may search the arrestee and the area under his immediate control for weapons, fruits of the crime and evidence of the crime and any areas immediately adjacent from which an attack could be launched; additionally any other areas of the home for which there is reasonable suspicion to believe a suspect is present

permissible scope of the search

if the officer is where he has a right to be, whatever is observed in the open where it can be seen by anyone who cares to look; it is not a search to observe it

plain view doctrine

Detailed receipt for property shall be given, or left, where the property was taken from is a

receipt for property

There is probable cause to believe that the specific items being sought are evidence of criminal activity AND there is probable cause to believe that the specific evidentiary items are located at the place specified in the warrant are:

requirements to obtain a search warrant

Seized property shall be retained by the seizing agency is called

retention of property

An order, in writing, issued in the name of the state o AZ, signed by a judge, directed to a peace officer, commanding him to search for personal property, persons or items is called

search warrant

A non-consensual field interview is a ____; a frisk is a ____

seizure/search