search and seizure w/o a warrant

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Author:
Hanz
ID:
32079
Filename:
search and seizure w/o a warrant
Updated:
2010-08-31 15:52:11
Tags:
MSTA
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Description:
MSTA
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  1. minimum justification regarding a motor vehicle stop
    reasonable suspision or probable cause
  2. what actions can be taken by an officer in a vehicle stop
    • require the driver to get out of the vehicle
    • request an opportunityto inspect licence and registration
    • examine the exterior of the vehicle
    • examine the interior of the vehicle (can use flashlight)
    • ask question about the stop
    • inspect the VIN
  3. what is the justification for the motor vehicle exception to the 4th amnd. search and seizure
    officer must have P/C that the vehicle contains evidence of a criminal offense and vehicle must be in a moble condition (also known as the Corroll Doctrine)
  4. the scope of the MVE
    anywhere the P/C object could be hidden including passengers property left in the vehicle
  5. can an officer search containers under the MVE
    • closed containers that could contain the evidence may be searched with P/C
    • no body search allowed
  6. when is the impounded search under MVE is legal or not and what to do if it is not legal
    • search can take place immediatly at the location of the stop or may be taken to the station
    • if you don't obtain P/C until the vehicle has lost mobility or taken into custody then get a warrant
  7. is a motor home considered a vehicle for MVE purposes
    yes as long as it is able to be mobile and not perminantly attached to utilities
  8. what is the justification for an emergency search
    if you have good reason to believe it is necessary to save a life or prevent injury or serious property damage
  9. what is the scope for emergency searches
    you have P/C to believe that the thing is in the place you are searching and you believe that it will be moved or destroyed waiting for a warrant
  10. when must an emergency search end
    when the emergency is over the search ends
  11. what justifies taking blood from DUI suspect and who takes the blood
    • the human body is detoxing as time passes
    • medical professionals should take the blood
  12. when can an officer use hot pursuit as justification to enter a residence w/o a warrant
    pursuit can continue if you have P/C that the suspect is armed and has commited a serious crime
  13. what is the baic requirement for a consent search
    • must be voluntary
    • come from a person with lawfull authority
    • consenting must be aware of what they are doing
  14. what can an officer do to show voluntary consent was given
    verbal consent is sufficent but written consent is better
  15. what actions could an officer that will invalidate his search
    your request to search cannot sound like a demand in tone or manner
  16. what is the scope of a consentual search
    anywhere the consenting party will let you

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