Sep 11, 2018 · Question 20 5 / 5 points A valid hot pursuit must originate from a/an ________ starting point . Question options: The arrest must be lawful. Probable cause must be in place in advance of the arrest. The search should take place soon after the arrest. All of the above.
Question options: The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the _____ requirement. Question options: pparent w Which of the following is a requirement for a valid search incident to arrest? Question options: t be lawful. must be in place in advance of the arrest.
under the exception for a search incident to a lawful arrest, officers may search: a. the area in which the suspect could Rea h to obtain a weapon or destroy evidence b. the entire building in which the arrest is made c. any person in the area of the arrest
Select the officers most legally sound course of action. A. The officers may search the premises and everyone in it for drugs. B. The officers may search the premises and frisk the people for weapons. C. The officers may search the premises for drugs, but need specific probable cause for each person they want to search for drugs or frisk for weapons. D.
A search warrant is a written order, in the name of the judge, signed by a district attorney, exercising proper authority, and directing a law enforcement officer to search for specific property and bring it before the court. False.
The two major benefits derived from securing prior judicial approval for arrests are that the approval relieves the law enforcement officer of the burden of proving the legality of the arrest, and it provides for automatic approval of evidence to be used during the trial for the crime the person was arrested for. False.
elements of a crime. Suspicion plus facts and circumstances which would lead a reasonable person, exercising ordinary caution, under the same circumstances to believe that a crime has been, is being, or is about to be committed is a definition of. probable cause.
The Thirteenth, Fourteenth, and Fifteenth Amendments were all designed to guarantee the freedoms and equal protection of the laws for all citizens, especially the former slaves. According to the courts, any new evidence seized resulting from unreasonably seized evidence is also tainted and is not admissible in court.
Search Incident to Arrest. —The common-law rule permit ting searches of the person of an arrestee as an incident to the arrest has occasioned little controversy in the Court. 240 The Court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest. 241 The dispute has centered around the scope of the search. Because it was the stated general rule that the scope of a warrantless search must be strictly tied to and justified by the circumstances that rendered its justification permissible, and because it was the rule that the justification of a search of the arrestee was to prevent destruction of evidence and to prevent access to a weapon, 242 it was argued to the court that a search of the person of the defendant arrested for a traffic offense, which discovered heroin in a crumpled cigarette package, was impermissible, because there could have been no destructible evidence relating to the offense for which he was arrested and no weapon could have been concealed in the cigarette package. The Court rejected this argument, ruling that “no additional justification” is required for a custodial arrest of a suspect based on probable cause. 243
The right of the people to be secure in their persons, 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.
A “protective sweep” of the entire premises (including an arrestee’s home) may be undertaken on less than probable cause if officers have a “reasonable belief,” based on “articulable facts,” that the area to be swept may harbor an individual posing a danger to those on the arrest scene. 274.