NYPD 2nd Trimester LAW 2023

NYPD 2nd Trimester (LAW) 2023 Search - Correct Answer an individual's interest in privacy Seizure - Correct Answer deprives an individual of dominion over their person or property AREAS PROTECTED BY THE FOURTH AMENDMENT - Correct Answer Your Person Your Home Curtilage Automobiles (limited protection) ASSERTING THE EXCLUSIONARY RULE - Correct Answer Must establish standing.Was a privacy interest infringed by the government?This requires that an actual expectation of privacy exists that society recognizes as reasonable Why does the Exclusionary Rule exist? - Correct Answer Personal Rights Judicial Integrity Deterrence EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT - Correct Answer Search Incident to a Lawful Arrest Plain View Exception Automobile Exception Consent, search by consent given Emergency Exception Stop, Question, and Possibly Frisk Hot Pursuit Inventory Procedure Purpose of Search Incident to a Lawful Arrest - Correct Answer Endanger: prevent the prisoner from securing a weapon or object that endangers police officers or the public Escape: prevent the prisoner from acquiring any object which may provide a means of escape

Evidence: prevent concealment or destruction of evidence

Arrest must be... - Correct Answer Valid and based on probable cause Good Faith Limited in Time, Scope, and Intensity 1 / 2

Valid Arrests - Correct Answer Police Officer must have probable cause to believe that a person committed an offense before an arrest can be made "Good Faith" Arrests - Correct Answer Arrest must be made to achieve a legitimate law enforcement objective Arrest cannot be an EXCUSE to search the prisoner Limited in Time, Scope, and Intensity - Correct Answer Time - How long after the arrest was the search completed?-A search hours after initial arrest may not be valid.Scope - Where was the search conducted?-Search of the prisoner's person is automatic.Other areas/articles depend on circumstances.Intensity - How intrusive was the search?-Limited to the prisoner's person and certain accessible areas Automatic Search Incident to Lawful Arrest - Correct Answer The arrestee's entire body, from head to toe.Portable containers concealed on the arrestee's person.

-Some examples: wallet, cigarette pack, pillbox

Unlocked Containers Being Carried or Within the Lungeable Area - Correct Answer NOT AUTOMATICALLY SEARCHED in every arrest.

If there is:

• A reasonable belief that the container contains a weapon, a means of escape, or

evidence AND

• The suspect has control of the container, with access during the time of arrest AND
• It is unlocked or locked and the keys are present.

THE CONTAINER MAY BE SEARCHED

Search Incident to a Lawful Arrest in a Vehicle - Correct Answer - The search of a vehicle is never automatic if an occupant is arrested.

• Must have reasonable belief that a weapon, a means of escape, or evidence exists.
• Can look in the grab-able area.
• The vehicle's trunk is NO GOOD

Portable Container in Vehicle - Correct Answer - Reasonable belief that the container has a weapon, a means of escape, or evidence.

• Container needs to be unlocked
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