Review of Exceptions to Warrant Rule
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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