The 14th Amendment -Search and Seizure
Domestic Violence Entries
Officers responded to a report of a man throwing a woman around inside a residence. After knocking at the front door and receiving no response, they went around to the side of the residence. They observed a man inside the house, and heard a shout from within. Officers re-knocked on a second door. After 30 seconds, the defendant (Victim) answered. She was breathing heavily, appeared extremely frightened and had a red mark under her eye/ Officers believed she had been the victim of a battery. The female said she was all right that she had accidentally fallen down some stairs, and she was alone in the house. Officers knew was a lie, based on their observations. Officers believed she was lying afraid and she or another could be in peril. They entered to make sure everything was alright and observed narcotics contraband in plain view.
Understand the answers the following questions:
Was the search within probable cause rules.
Who would you arrest and why?
Miranda rules apply?
Questioning- Who would you question and does the husband/wife have communication privileges?
Frisk and detainment- Who would you frisk and who would you detain and why?
(Break out groups) 2 groups or 1 group depending on number of students.
Officers responded to a report of a man throwing a woman around inside a residence. After knocking at the front door and receiving no response, they went around to the side of the residence. They observed a man inside the house, and heard a shout from within. Officers re-knocked on a second door. After 30 seconds, the defendant (Victim) answered. She was breathing heavily, appeared extremely frightened and had a red mark under her eye/ Officers believed she had been the victim of a battery. The female said she was all right that she had accidentally fallen down some stairs, and she was alone in the house. Officers knew was a lie, based on their observations. Officers believed she was lying afraid and she or another could be in peril. They entered to make sure everything was alright and observed narcotics contraband in plain view.
Understand the answers the following questions:
Was the search within probable cause rules.
Who would you arrest and why?
Miranda rules apply?
Questioning- Who would you question and does the husband/wife have communication privileges?
Frisk and detainment- Who would you frisk and who would you detain and why?
(Break out groups) 2 groups or 1 group depending on number of students.
Those things you should know
Anonymous Tip-
A tip from a tested informant who reputation can be assessed is sufficient for a detention.
Assessing the reliability of an anonymous tip include the person's basis of knowledge.
Auto shop Searches
An administrative search based on administrative officials. Customs and Border Protection checkpoints. Reasonable suspicion is not required to stop between the United States and Mexico border. Same with Auto Task Force officers inspecting a body shop. A California Fish and Game Warden searching a vessel for catching game.
Bad Faith
Unlike good faith, a trombetta standard about materially exculpatory in nature. The police destroys evidence in bad faith, the evidence was destroyed because they will destroy it eventually. A DUI case, where the police destroyed a sample of blood and the defense wished to test the blood sample. The police does not have to retain a sample for the defense.
Legal Better Looks
A child is wondering the street and the officer stops. He drives the child home and knocks on the door. There was no one home, so the officer enters the residence. The officer finds an infant lying next to some marijuana. Although the officer entered the residence, his intentions were honorable.
Eaves Dropping
If 2 persons were having a conversation on a private phone line, it would be illegal for one of the 2 to record the conversation without the consent of the other party.
A tip from a tested informant who reputation can be assessed is sufficient for a detention.
Assessing the reliability of an anonymous tip include the person's basis of knowledge.
Auto shop Searches
An administrative search based on administrative officials. Customs and Border Protection checkpoints. Reasonable suspicion is not required to stop between the United States and Mexico border. Same with Auto Task Force officers inspecting a body shop. A California Fish and Game Warden searching a vessel for catching game.
Bad Faith
Unlike good faith, a trombetta standard about materially exculpatory in nature. The police destroys evidence in bad faith, the evidence was destroyed because they will destroy it eventually. A DUI case, where the police destroyed a sample of blood and the defense wished to test the blood sample. The police does not have to retain a sample for the defense.
Legal Better Looks
A child is wondering the street and the officer stops. He drives the child home and knocks on the door. There was no one home, so the officer enters the residence. The officer finds an infant lying next to some marijuana. Although the officer entered the residence, his intentions were honorable.
Eaves Dropping
If 2 persons were having a conversation on a private phone line, it would be illegal for one of the 2 to record the conversation without the consent of the other party.
