Searches
Please use this as the blog area for the Searches chapter. Choose a review question at the end of the chapter and answer it, but be sure to tell us which you are answering. Be sure to copy the question and you cannot answer the same question as another student.
This must be posted by Monday at 9p.m.
posted by dfreeman @ 7:53 PM
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Question #1 6th edition
Identify the three steps in the analysis of whether government actions are searches.
1- Was the government action a search?
2- If it was a search, was it reasonalbe?
3- If it was reasonable, then should the evidence be excluded?
1. Identify the three steps in the analysis of whether government actions are searches.
1. Was the government action a search?
2. if it was search, was it reasonable?
3. If it was unreasonable, then should the evidence be excluded?
10. When police officers ask for consent to search, what are they really asking?
Consent searches, in which individuals give officers permission to look through their belongings or conduct a pat-down, make law wnforcement officers' job easier because they don't have to go through the hassle of either getting warrants before they search or proving probable cause to a judge later.
3. Identify 3 exceptions to the "knock announce" rule.
1. Prevent violence
2. Prevent destruction of evidence
3. Prevent escape
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Question 5) Identify three reasons why searches incident to arrest are reasonable.
1) They protect officers suspects might injure or kill.
2) They prevent arrested suspects from escaping.
3) They preserve evidence suspects might destroy or damage.
Question 5) Identify three reasons why searches incident to arrest are reasonable.
1) They protect officers suspects might injure or kill.
2) They prevent arrested suspects from escaping.
3) They preserve evidence suspects might destroy or damage.
Question 17
Identify two reasons why vehicles searches are resonable without warrants?
Because the vehicle can be quickly move out the place the warrants was issued to search.
A competent official, authorize to search,base on probable cause for believing that the vehicle is carrying illegal merchandize or contraband. The search would be reasonable without a warrant
Question 20 Identify four emergency searches, and describe why each falls under the exception to the warrant requirement.
Four emergency searches are destruction of evidence, hot pursuit, danger to the community, and frisk.
Destruction of evidence falls in to the emergency search category because if the is probable cause that a crime was commited officers in some case's must search to stop the destruction of evidence.
Hot pursuit falls in to the emergency search category because if there is a criminal runing and he runs in to a house the police can not stop to get a warrent.
Danger to the community falls in to the emergency search category because if there is and emergency like a fire police can not wait for a warrent to run in to the building.
Frisks fall in to the emergency search category because the police officer must be able to check and see it the aprehended person has a weapon on him.
Question 15. Give examples of who can consent to search for someone else.
Examples: are spouse-spouse,parent-child,roomate-roommate,employer-employee,landlord-tenant,school administrator-student.
#9 5th edition
Under what circumstances should motor homes be considered vehicles? Why?
A motor home should be considered a vehicle during a search if it is on the road or is capable of being on the road immediately. This is because of the ability for the owner to flee with or destroy incriminating evidence easily. It would also be difficult for an officer to obtain a search warrant for a home that has no permanent address.
What are pretext searches, and what are the arguments for and against them? #4
pretext searches are searches that are done based on an instinct. It would be illegal because there is no warrant or probable cause, so the officer finds another reason to check the car, such as traffic violations. Arguments for this is the fact that" pretext searches are powerful investigation tools." However, "pretexual police conduct poses an alarming threat to individual freedom from government intrusion."
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