Review of Exceptions to Warrant Rule

• Vehicles• Open fields• Anything with consent• Abandoned property• Inventory• Plain view

Plain View Doctrine

• The initial intrusion must be lawful or in proper position to view the property.

• The discovery must be inadvertent.• It must be immediately apparent that items

are evidence of a crime, contraband, or subject to seizure

• Coolidge v. New Hampshire

The Exclusionary Rule

• CCP 38.23• No evidence shall be admitted into a criminal

trial that was obtained in violation of constitutional rights

• Mapp v. Ohio– Illegally seized evidence could be excluded from

both state and federal cases

REVIEW

• Which of the following four elements is not an element of arrest?– a. Use of Force– b. Authority– c. Taking into Custody– d. Suspect understands they are arrested

REVIEW

• If a “protective sweep” is completed, and contraband not listed on the search warrant is found in plain view in a room not listed on the search warrant, the item may be seized and charges can be filed.– a. True– b. False

REVIEW

• Sheila and Jan have T-shirts made that reflect their beliefs about breast cancer. Which 1st amendment right are they exercising?– a. Religion– b. Press– c. Speech– d. Petition

REVIEW

• John has a concealed handgun license. Where can he legally carry his gun?– a. Within 1,000 feet of a place of execution– b. His son’s high school football game– c. A Federal Court Building– d. His place of business

REVIEW

• What is the level of proof required for an officer to be able to make an arrest?– a. Beyond a reasonable doubt– b. Probable Cause– c. Reasonable suspicion– d. Clear and convincing

REVIEW

• A stop is justified in all circumstances except: – a. An officer doesn’t like the way you look– b. Suspect fits the description of a wanted person– c. Suspect is present in a crime scene area– d. Suspect is running away

SEARCH WARRANTS

• Must be issued by neutral and detached magistrate

• Based on probable cause• Sworn affidavit• Must include:– The specific offense committed– The specific property to be seized– The property is at place to be searched