LD16 - Search and Seizure

how long do i have to do an in-field show up

2 hours

what is an in-field show up

one on one with confrontation between the suspect and the victim or witness to determine the perpetrator

how much can i search incident to arrest

everything

what is the exclusionary rule

• fruit of the poisonous tree doctrine

• stops government from using evidence in a criminal trial that was gathered by violating someones rights

when can i arrest? 836 PC

• w/ a warrant

• w/o a warrant: misd. or felony in my presence

• felony not in my presence

• probable cause to believe whether or not felony was committed

what case law for arms reach rule

chimel decision

Chimel v. California

what is the curtilage

the intimate area around your home

what is the nexus rule

if i have the right to be there and its evidence or contraband, its mine

if i have a search warrant, who’s to presume it is bad

the defense / defendant

a search warrant is good for how long

• 10 calendar days (no exception for weekends or holidays)

• starts the next day

why would a judge authorize a warrant for night services

• if its a dangerous crime

• you may escape or destroy evidence

• for the safety of the officer

the hours i cannot conduct a search warrant

10pm - 7am

the hours i can conduct a search warrant

7am - 10pm

what do i have to leave with you after a search warrant

a search warrant return (receipt)

• a written inventory of property taken

what is the case law for the good faith exception to the exclusionary rule

the Leon decision

United States v. Leon (1984)

when serving a search warrant, who can i detain at the house

• anyone who is there

• anyone who shows up w/ key (they have standing)

• anyone who enters

times when a probation / parole search would be bad

• too often

• at a unreasonable hour

• if i make a mess during the search

to remove evidence from your body, i need

probable cause+

more '+’ if more needed

reasons that would allow me to do a vehicle protective search

• history

• ratio (people to officers on scene)

• area

• time of day

• prior knowledge

• type of crime im investigating

exceptions for moving a suspect during an in-field show up

• consent

• already have probably cause

• impractical

  • unsafe

i can either ______ or _______ my rights

invoke

waive