6. Review of Exceptions to Warrant Rule Vehicles Open fields Anything with consent Abandoned property Inventory Plain view

7. Plain View Doctrine The initial intrusion must be lawful or in proper position to view the property. The discovery must be inadvertent. It must be immediately apparent that items are evidence of a crime, contraband, or subject to seizure Coolidge v. New Hampshire

8. The Exclusionary Rule CCP 38.23 No evidence shall be admitted into a criminal trial that was obtained in violation of constitutional rights Mapp v. Ohio – Illegally seized evidence could be excluded from both state and federal cases

9. REVIEW Which of the following four elements is not an element of arrest? – a. Use of Force – b. Authority – c. Taking into Custody – d. Suspect understands they are arrested

10. REVIEW If a “protective sweep” is completed, and contraband not listed on the search warrant is found in plain view in a room not listed on the search warrant, the item may be seized and charges can be filed. – a. True – b. False

11. REVIEW Sheila and Jan have T-shirts made that reflect their beliefs about breast cancer. Which 1st amendment right are they exercising? – a. Religion – b. Press – c. Speech – d. Petition

12. REVIEW John has a concealed handgun license. Where can he legally carry his gun? – a. Within 1,000 feet of a place of execution – b. His son’s high school football game – c. A Federal Court Building – d. His place of business

13. REVIEW What is the level of proof required for an officer to be able to make an arrest? – a. Beyond a reasonable doubt – b. Probable Cause – c. Reasonable suspicion – d. Clear and convincing

14. REVIEW A stop is justified in all circumstances except: – a. An officer doesn’t like the way you look – b. Suspect fits the description of a wanted person – c. Suspect is present in a crime scene area – d. Suspect is running away

15. SEARCH WARRANTS Must be issued by neutral and detached magistrate Based on probable cause Sworn affidavit Must include: – The specific offense committed – The specific property to be seized – The property is at place to be searched