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StudiGuide 16: Search and Seizure Law in California

Study Guide for the California Police Academy (P.O.S.T.) Written Examination
Instructor:
Michael Rubacha
113 students enrolled
English [Auto-generated]
At the end of this StudiGuide course, students will be able to understand the California Criminal Justice System.
Students will be able to understand the basic concepts of Search and Seizure – Fourth Amendment.
Students will, after careful study and review of this course, will be able to have a better understanding for the testing and passing of the State of California’s Commission on Peace Officer Standard and Training (POST) basic police academy written examination.

This StudiGuide course provides a practice review-testing resource for police academy cadets (based on the state of California’s Commission on Peace Officer Standard and Training ‘POST’ requirements) to help understand and pass the POST written examinations.

RECOGNIZE:

· constitutional protections guaranteed by the Fourth Amendment

· standing and how it applies to an expectation of privacy

· probable cause to search and its link between Fourth Amendment protections and search and seizure law

· how the exclusionary rule applies to a peace officer’s collection of evidence

· how probable cause serves as a basis for obtaining a search warrant

· the necessary conditions for securing an area pending issuance of a search warrant

· the elements for compliance with the knock and notice requirements when serving a search warrant

· the application of the Nexus Rule while conducting an authorized search

· why a plain view seizure does not constitute a search

· the legal requirements for seizure of items in plain view

· the conditions and circumstances where warrantless searches and seizures are considered reasonable and legal

· the scope and necessary conditions for conducting the following types of warrantless searches:

  • cursory/frisk/pat search

  • consent searches

  • searches pursuant to exigent circumstances

  • searches incident to arrest

  • probation/parole searches

· the scope and necessary conditions for conducting the following types of motor vehicle searches

  • probable cause searches

  • seizures of items in plain view

  • protective searches

  • consent searches

  • searches incident to custodial arrest

  • instrumentality searches

· the scope and necessary conditions for conducting a vehicle inventory

· the legal framework establishing a peace officer’s authority to seize physical evidence from a subject’s body with a warrant, and without a warrant

· the conditions under which a peace officer may use reasonable force to prevent a subject form swallowing or attempting to swallow evidence

· the conditions necessary for legally obtaining blood samples

· the conditions for legally obtaining nonintrusive bodily evidence such as Fingerprints, and Handwriting samples

IDENTIFY:

· the concept of reasonable expectation of privacy

· the time limitations for serving a search warrant

· the importance of a peace officer’s neutral role during an identification procedure

· officer actions before, during, and after an identification procedure to prevent impermissible law enforcement suggestiveness when conducting a:

  • Field show-up

  • Photographic spread

  • Custodial lineup

Selected information from this written examination will also appear on your Mid-Course and End-of-Course Proficiency Tests.

StudiGuide 16: How To Pass This Written Examination

1
StudiGuide Introduction

Students will understand the nature and format of questions that may appear on the California POST police academy written examinations for this course.

Students will be able to familiarize themselves with the POST workbooks and find out other information via the POST website.

2
Test Taking Tips

Students will understand test taking tips for the California POST police academy written examinations.

3
Discussion Post

Students will be able to ask any question, leave comments and/or rate this course for the benefit of others.

What will be covered and how it will be covered

1
OVERVIEW of Search and Seizure in California

Students will be given an overview of this course, what will be covered and how it will be covered.

StudiGuide 16: Search and Seizure Law: Basic Principles

1
Updates to StudiGuide 16 / Section 3 / February 2019
2
Fourth Amendment Protections

Students will be able to understand the Fourth Amendment to the Constitution which prohibits unreasonable searches and seizures, and understand that any search or seizure must be based on probable cause.

3
Reasonable Expectation of Privacy

Students will be able to understand that a persons Fourth Amendment's right is not violated unless a person's legitimate expectation of privacy is infringed upon by the government.

4
Standing

Students will be able to understand "standing" and how it applies to an expectation of privacy.

5
Probable Cause to Search

Students will be able to demonstrate that probable cause exists to search a specific place for specific property or contraband which will be used as evidence.

6
Exclusionary Rule

Students will be able to understand and recognize how the exclusionary rule applies to a peace officer's collection of evidence.

7
Search and Seizure Law Review Questions

Lecture Review Questions.

StudiGuide 16: Searches and Seizures: Warrants

1
Updates to StudiGuide 16 / Section 4 / February 2019
2
Probable Cause for Obtaining a Search Warrant

Students will be able to understand that before they can obtain a search warrant, they must be able to provide a judge with specific facts that meet the requirement of probable cause.

3
Securing an Area

Students will be able to understand that under very limited circumstances, peace officers may security a residence while in the process of obtaining a search warrant.

4
Time Limitations for Serving a Search Warrant

Students will be able to understand and recognize the time limitations for serving a search warrant

5
Knock and Notice Compliance

Students will be able to understand that before they can enter a private dwelling to execute a search warrant, officers must comply with the requirements of knock and notice.

6
Nexus Rule

Students will be able to understand when officers may seize items under the nexus rule.

7
Warrant Review Questions

Lecture Review Questions.

StudiGuide 16: Searches and Seizures: Warrantless

1
Updates to StudiGuide 16 / Section 5 / February 2019
2
Plain View Seizure

Students will be able to understand why plain view seizures does not constitute a search.

3
Plain View Seizure: Legal Requirements

Students will be able to understand the legal requirements for seizure of items in plain view.

4
Warrantless Searches: Reasonable and Legal

Students will be able to understand and recognize the conditions and circumstances where warrantless searches and seizures are considered reasonable and legal.

5
Searches: Cursory / Frisk / Pat Down

Students will understand when it is justified in conducting a limited search for a concealed weapon or object suspected as being used as a weapon.

6
Searches: Consent

Students will be able to understand it is acceptable to enter premises and/or conduct searches without a warrant if valid consent is obtained.

7
Searches: Exigent Circumstances

Students will be able to understand that there may be compelling need for official action and no time to secure a warrant to lawfully enter an area in which an individual has a reasonable expectation of privacy.

8
Searches: Incident to Arrest

Students will be able to understand the conditions in which a search may take place incident to arrest.

9
Searches: Probation and Parole

Students will be able to understand the conditions of warrantless searches of persons on probation or parole.

10
Warrantless Review Questions

Lecture Review Questions.

StudiGuide 16: Searches and Seizures: Motor Vehicles

1
Updates to StudiGuide 16 / Section 6 / February 2019
2
Vehicle Search: Probable Cause to Search

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  The risk of vehicle mobility and a reduced expectation of privacy justifies a warrantless search as long as the search is based on probable cause that the vehicle contains contraband or evidence of a crime.

3
Vehicle Search: Plain View Seizures

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved. Seizing crime-related evidence in an officer's plain view does not involve any type of search.

4
Vehicle Search: Protective Searches

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved. A protective search of a vehicle is a limited warrantless search of the passenger compartment of a vehicle for weapons.

5
Vehicle Search: Consent Searches

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved. If an officer obtains valid consent to search a vehicle and / or any item within the vehicle, the warrantless search will always be upheld as legal.

6
Vehicle Search: Searches Incident to Custodial Arrest

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  If a custodial arrest is made of a person in a vehicle, the officer may be able to conduct a warrantless search of the vehicle's passenger compartment.

7
Vehicle Search: Instrumentality Searches

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  If the vehicle itself constitutes evidence of a criminal act, the vehicle may be seized without a warrant for later examination in accordance with sound scientific procedures.

8
Vehicle Inventory

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  This is a procedure for safe-keeping the vehicle and items inside, via impound or being stored per agency policy.

9
Motor Vehicle Review Questions

Lecture Review Questions.

StudiGuide 16: Searches and Seizures: Bodily Intrusions

1
Updates to StudiGuide 16 / Section 7 / February 2019
2
Bodily Intrusion: With and Without a Warrant

Students will be able to understand the warrant / warrantless requirements for a bodily intrusion search or seizure.

3
Bodily Intrusion: Use of Force

Students will be able to understand the use of force requirements during bodily intrusion for search or seizure to prevent a subject from swallowing or attempting to swallow evidence.

4
Blood Samples

Students will be able to understand the circumstances and limitations of obtaining blood samples.

5
Fingerprints and Handwriting Samples

Students will be able to understand the circumstances and limitations of obtaining fingerprints and handwriting samples.

6
Bodily Intrusion Review Questions

Lecture Review Questions.

StudiGuide 16: Searches and Seizures: Identification Procedures

1
Updates to StudiGuide 16 / Section 8 / February 2019
2
Identification Process

Students will be able to understand identification procedures to confirm or eliminate a person as the actual perpetrator and the importance of a peace officer's role during an identification procedure.

3
Field Showups

Students will be able to understand the requirements for Field Showups.

4
Photographic Spreads

Students will be able to understand the requirements of Photographic spreads.

5
Custodial Lineups

Students will be able to understand the requirements of Custodial Lineups.

6
Identification Review Questions

Lecture Review Questions.

Updates to StudiGuide 16 / February 2019

1
Updates to StudiGuide 16 / February 2019

Final Review Questions for Search and Seizure in California

1
Final Review Questions: Search and Seizure: Fourth Amendment

Course Review Questions.

Bonus

1
Bonus: StudiGuide courses - $10

All StudiGuide courses available for a discounted price of just $10

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Includes

1 hours on-demand video
8 articles
Full lifetime access
Access on mobile and TV
Certificate of Completion