SCCJA LEGALS 1 EXAM NEWEST ACTUAL WITH

SCCJA LEGALS 1 EXAM NEWEST ACTUAL / WITH

QUESTIONS AND ACCURATE ANSWERS GRADED A+|VERIFIED

situations when evidence be seized under plain view? - ---- Answers---when it's in public, when police obtain search warrant for items they see from a vantage point, when they justifiably intrude in area

requirements for plain view seizure - ----Answers---legal entry, incriminating nature of evidence is apparent to PC, contraband is in area where officer is legally present

Arizona Hicks - ----Answers---moving a object to expose serial is legal search

• government intrusions that don't apply to 4th amendment - -

---Answers---abandoned area, open fields, aerial surveillance, common building areas, public business areas

• types personal property that can be seized without 4th

amend justification - ----Answers---contraband, abandoned property

circumstances in which contraband can be seized - ---- Answers---chemical field tests, controlled deliveries

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circumstances in which abandoned property can be seized - -- --Answers---dropsy cases, garbage

when does exclusionary rule apply to property/privacy approach? - ----Answers---property- when search of person, house, papers, effects doesn't have warrant privacy- when intrusion is greater than government's interest

When warrantless search can be conducted - ----Answers--- Consent, Incident to Arrest, Certain Vehicle Searches, Emergencies, Supervisory Workplace, Searches of Students by School Officials

What is required for a consent search? - ----Answers--- Voluntariness

Voluntariness - ----Answers---Required for consent search.

Consideration given in regard to: # of officers present, time of

day, manner of request, weapons shown, condition of consenter & if consenter is in custody

Person in lawful possession - ----Answers---Person who possesses personal property. Can be owner or renter but not a guest (lawful presence)

Is warning of rights required in a consent search? - ---- Answers---No, but it's important for voluntariness. Use Consent to Search Form. 2 / 3

How do you prove valid consent? - ----Answers---Obtain proof of consent in writing.

Why do you need a receipt and certificate after search? - ---- Answers---Forms to be filled out when property seized during consent search. Itemizes property taken and copy given to consenter.

• ways a search of person can be conducted - ----Answers---

Consent, Incident to lawful arrest, search warrant

Threshold for search incident to arrest - ----Answers--- lawful custodial arrest, search made at time/place of arrest

scope of search incident to arrest - ----Answers---person & immediate area

Intensity of search incident to arrest - ----Answers--- Thorough enough to prevent escape, protect evidence, protect officers. But need warrant for body cavity & strip search

Force in search incident to arrest - ----Answers---whatever is reasonable

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