RBC3 107 Questions with Correct Answers 10% Verified 2024/2025 search incident to arrest - Correct Answers warrantless search, able to search person and any area in their wingspan for evidence and weapons warrantless search of a vehicle - Correct Answers Arizona V gant 2009, police may search someones vehicle who is being arrested if they have reasonable belief the suspect may access the vehicle at the time of the search, or believe the vehicle may contain evidence of the offense that led to the arrest.cell phone searches - Correct Answers not covered under warrantless searches, cannot access someones phone incident to arrest, requires a warrant. unless exigent circumstances, such as officer safety and destruction of evidence.third party consent to search - Correct Answers third parties can give consent to search if it is reasonably believed the individual has the authority to grant the consent (babysitter giving consent to search the house example, reasonably believed she was the home owner) law shelf.com - Correct Answers
- warrantless searches - Correct Answers 1. consent
- plain view
- incident to arrest
- automobile exception
- stop and frisk
- exigent circumstances
stop and frisk (warrantless search) - Correct Answers may stop and pat search for weapons if there is reasonable belief the individual has committed a criminal act or is preparing to do so. (key is reasonable suspicion, that the circumstances around the event justify suspicion) cannot go into pockets unless there is a reason to believe the object in the pocket is a weapon or can immediately be identified as contraband (terry search same as pat down search, terry V ohio) automobile exception (warrantless search) - Correct Answers do not need a warrant to search a vehicle if, there is probable cause it contains evidence of a crime, contraband or fruits of a crime inside. has some kind of connection to a criminal act. (ruled impractical to obtain a warrant because it is so easily moved in the process of seeking a warrant) must have probable cause however, not just 1 / 3
reasonable suspicion, (higher standard to meet, higher standard of proof). nervousness or speeding does not count. A witness tip or a statement from an occupant of the vehicle does count. sniffing dogs ok.exigent circumstances (warrantless search) - Correct Answers if there is reasonable belief there is an emergency taking place inside, police may enter immediately without a warrant to remedy the situation and investigate. (example a scream for help inside) once inside if weapons or drugs etc. are plain view, they main be seized under plain view exception. or, if there is reasonable belief evidence destruction or movement may take place before a warrant can be obtained (freeze the scene?) ex.smell of marijuana inside, hear a toilet flush, may be pc of evidence destruction therefore exigent circumstances exist Consent search (warrantless search) - Correct Answers 90% of warrantless searches. consent must be freely and voluntarily given, the theory i didn't know i could say no isn't valid, cannot be coerced plain view search (warrantless search) - Correct Answers can search or seize weapons, contraband or evidence of a crime if it is in plain view. there is no expectation of privacy in plain view, therefore no 4th amendment violation has occurred. must be seen from a place you can lawfully be.Hot Persuit exception to warrantless search - Correct Answers if a fleeing criminal goes into a house, police may enter to effect an arrest without a warrant. while inside any contraband in plain view may be seized.misdemeanor arrestable offenses. in presence or not. - Correct Answers can be made if there is reason to believe an assault or battery has occurred if in fact it has or has not happened.647f public intoxication of drugs or alcohol drug offenses - Correct Answers most are infractions. misdemeanor include over 18 with more than 28.5 grams over 18 with marijuana on school grounds planting marijuana mostly infraction unless over 18 with more than 6 plants wobbler or misdemeanor under 18 possession to sale- infraction over 18 with possion to sale - misdemeanor with priors or 21 or over- wobbler transporting under 18 infraction 2 / 3
over 18- misdemeanor Rohmberg test - Correct Answers elapse of time test for drugs juvenile - Correct Answers mirandize anytime they are in custody period temporary custody is the equivalent of an arrest juveniles can be held in a facility that also houses adults for no more than 6 hours for the purposes of investigation only a judge can approve a minor in an adult lockup and then they still must be separated a minor 14 yrs and older can be detained for safety purposes if there is reason to believe they are a danger to themselves or others -2 phone calls in 1 hour -must inform them of why and that the maximum length is 6 hours.Stalking (Elements) - Correct Answers victim must be aware, wobbler depending on circumstances and priors cutting phone lines vs cell phone for purposes of depriving someone of calling 911 - Correct Answers land line felony cell phone mis Phone Threats - Correct Answers 653m mis spousal rape elements - Correct Answers must be married, dating is different penile vaginile penetration disclosing the location of a dv center - Correct Answers misdemeanor EPO - Correct Answers emergency protective order is a restraining order requested by the responding officer to provide immediate, limited protection to the victim and children. Valid for 5 court days 7 calendar days.
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