Study Guide

Search & Seizure

Consent to search in Colorado, what is one of the absolute things you need?

• Voluntary and intellectual / Authority to search

Protective Sweep Doctrine

•  Done for officer Safety (Closet) No warrant needed 

Arizona v. Gant 

• Automobile searches “incident to arrest” Officers need to show a need to continue a search of a vehicle when related to an incident to arrest searches. Officer Safety; continued threat to officer Safety… (when they have been arrested search is no longer incident to arrest and another reason is needed to continue

For  Person to be able to consent to the search, they have to have a reasonable expectation of what?

• Privacy

Plain View Doctrine 

• If Something is in plain view it does not require a warrant. 

A search warrant requires what legal standard

• Probable Cause 

A court order for non testimonial Identification is:  

• 41.1 (Non Testimonial Evidence)

How many days do I have to execute a warrant

• 14 days

Plain view seizure required?

• Lawful presence

Search warrants can be faxed or electronically sent

• YES

What does inventory need to have: 

• Inventory Departmental Policy 

What is a non-custodial arrest?

• Sometimes allows a search

Search incident to arrest: 

• Has to be contemporaneous (Right away) occurring in the same period of time.

What amendment covers search and seizure 

• 4th

If you get consent to search, does that require a Miranda warning?

• NO

What was the core of Illinois v. Gates?

• It involves the Totality of circumstances

California v. Riley

• Can’t search Cell phones 

Arizona v. Gant

• Search incident to arrest

Interview Interrogation

Why do we interview suspects separately? Unconscious (Transferring of information)

• We do not want them to influence each other

Miranda is required when?

• Questioning and Custodial Arrest

During an interview, if you get a confession what do you do?

• Corroborate it with other evidence

During an investigation what does the suspect have a right to?

• Miranda 

Criminal processing

What does the 1st amendment entitle?

• Right to petition the government peacefully/Freedom of speech

What amendment has the right to be informed of information against you

• 6th amendment 

14th amendment due process

Excessive bail 

• 8th amendment

Double jeopardy

• 5th

Does the 1st amendment guarantee freedom from everything, no matter what?

• False

Patrol Observation and Perception

The most visible crime deterrent? 

• Police officer

Maintaining a constant patrol can create an illusion of?

• Omni presence 

The definition of perception according to the dictionary?

• Have to receive knowledge from the 5 sense

What two factors affect our perceptions?

• Internal and External factors 

5 Sense

• Smell, touch, taste, sight, hearing

With in the senses what feels pain, hot, cold,?

• Touch

Community Policing 

 Two core components

• Problem Solving/ Partnerships 

Broken window theory

• Brings in more crime

SARA model

• Scanning, Analysis, Responding, Assess

What are the goals of the SARA model? 

• Not to increase community relations. 

Analysis a problem

• Attack root cause and underlying cause