StudiGuide 16: Search and Seizure Law in California

Students will be given an overview of this course, what will be covered and how it will be covered.

Students will be able to understand the Fourth Amendment to the Constitution which prohibits unreasonable searches and seizures, and understand that any search or seizure must be based on probable cause.

Students will be able to understand that a persons Fourth Amendment's right is not violated unless a person's legitimate expectation of privacy is infringed upon by the government.

Students will be able to understand "standing" and how it applies to an expectation of privacy.

Students will be able to demonstrate that probable cause exists to search a specific place for specific property or contraband which will be used as evidence.

Students will be able to understand and recognize how the exclusionary rule applies to a peace officer's collection of evidence.

Students will be able to understand that before they can obtain a search warrant, they must be able to provide a judge with specific facts that meet the requirement of probable cause.

Students will be able to understand that under very limited circumstances, peace officers may security a residence while in the process of obtaining a search warrant.

Students will be able to understand and recognize the time limitations for serving a search warrant

Students will be able to understand that before they can enter a private dwelling to execute a search warrant, officers must comply with the requirements of knock and notice.

Students will be able to understand when officers may seize items under the nexus rule.

Students will be able to understand why plain view seizures does not constitute a search.

Students will be able to understand the legal requirements for seizure of items in plain view.

Students will be able to understand and recognize the conditions and circumstances where warrantless searches and seizures are considered reasonable and legal.

Students will understand when it is justified in conducting a limited search for a concealed weapon or object suspected as being used as a weapon.

Students will be able to understand it is acceptable to enter premises and/or conduct searches without a warrant if valid consent is obtained.

Students will be able to understand that there may be compelling need for official action and no time to secure a warrant to lawfully enter an area in which an individual has a reasonable expectation of privacy.

Students will be able to understand the conditions in which a search may take place incident to arrest.

Students will be able to understand the conditions of warrantless searches of persons on probation or parole.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  The risk of vehicle mobility and a reduced expectation of privacy justifies a warrantless search as long as the search is based on probable cause that the vehicle contains contraband or evidence of a crime.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved. Seizing crime-related evidence in an officer's plain view does not involve any type of search.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved. A protective search of a vehicle is a limited warrantless search of the passenger compartment of a vehicle for weapons.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved. If an officer obtains valid consent to search a vehicle and / or any item within the vehicle, the warrantless search will always be upheld as legal.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  If a custodial arrest is made of a person in a vehicle, the officer may be able to conduct a warrantless search of the vehicle's passenger compartment.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  If the vehicle itself constitutes evidence of a criminal act, the vehicle may be seized without a warrant for later examination in accordance with sound scientific procedures.

Students will be able to understand an exception to the warrant requirement when a motor vehicle is involved.  This is a procedure for safe-keeping the vehicle and items inside, via impound or being stored per agency policy.

Students will be able to understand the warrant / warrantless requirements for a bodily intrusion search or seizure.

Students will be able to understand the use of force requirements during bodily intrusion for search or seizure to prevent a subject from swallowing or attempting to swallow evidence.

Students will be able to understand the circumstances and limitations of obtaining blood samples.

Students will be able to understand the circumstances and limitations of obtaining fingerprints and handwriting samples.

Students will be able to understand identification procedures to confirm or eliminate a person as the actual perpetrator and the importance of a peace officer's role during an identification procedure.

Students will be able to understand the requirements for Field Showups.

Students will be able to understand the requirements of Photographic spreads.

Students will be able to understand the requirements of Custodial Lineups.