Case Law | Search Warrant Exceptions | Case Law | Search Warrant Exceptions | Domestic Assault and Battery |
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Remove a driver from a vehicle on a traffic stop
Pennsylvania v Mimms allows an officer to
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False
True or False: Officers are allowed to enter a residence for a warrantless misdemeanor as long as the subject fled from officer first?
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objective reasonableness
Use of force is subject to the “_____________” standard
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a delay to get a warrant will result in the loss of evidence
Exigent Circumstances occur when....
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Putting someone in immediate fear of a battery
What is an assault?
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Subject has committed, is committing, or is about to commit a crime
Subject is believed to be armed
Terry v Ohio allows officers to stop and frisk when what two circumstances are present?
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Police officers must have a warrant to conduct search of a constitutionally protected area
What is the Search Warrant Rule?
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True
True or False: Historically, officers were justified in shooting a fleeing felon as most felonies were punishable by the death penalty
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False
True or False: After police take an arrestee to jail, they may go back to the location of the arrest to conduct a search of the area Incident to Arrest?
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Breathing
During assault by strangulation, the victims _____ must have been effected.
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Maryland v Wilson
Which case law allows an officer to remove a passenger from a vehicle on a traffic stop?
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Vehicles are "readily mobile"
Vehicles are automatically an exigent circumstance because...
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Tennessee v Garner
Which case law deals with the "fleeing, violent felon?"
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Emergency Exception
Officers hear a subject being assaulted in a residence. The officers can force entry into the residence under which search warrant exception?
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The physical, unwanted touching of someone or items close to them
What is a battery?
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Fleeing violent felon
Reasonable belief the subject poses significant threat of death or serious injury to officers / others
What circumstances must be present for officers to use deadly force on a fleeing subject?
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Consent
This exception to the search warrant must be given freely and voluntarily?
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Right to remain silent, what they say will be used against them, right to an attorney, an appointed attorney if you cannot afford one
What are the Miranda Rights given during custodial interrogation?
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Readily apparent
In order for officers to seize items under the Plain View / Feel exception, the items must be "_________" to the officer that it is contraband.
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Spouse or former spouse
Child in common Roommate or former roommate Dating or former dating
The four domestic relationships are:
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Custody and Interrogation
Officers must read someone their Miranda Rights when what two things are present?
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Totality of the circumstances
The voluntariness and freeness of consent will be based on what?
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A passenger in a vehicle on a traffic stop is detained for the length of the stop
California v Brendlin states that...
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Inventory
Under the ______ Exception, the search must be reasonable and completed in compliance with department policy
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False
True or False: The victim must press charges in order to make an arrest for domestic assault.
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