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NYPD 2nd Trimester (LAW) Exam Study Questions Answered Correctly
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NYPD 2nd Trimester (LAW) Exam Study Questions Answered Correctly
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NYPD 2nd Trimester (LAW) Exam StudyQuestions Answered Correctly
If there is:
- A reasonable belief that the container contains a weapon, a means of escape, or
evidence AND
- The suspect has control of the container, with access during the time of arrest AND
- It is unlocked or locked and the keys are present.
THE CONTAINER MAY BE SEARCHED
Search Incident to a Lawful Arrest in a Vehicle - ANSWER - The search of a vehicle is
never automatic if an occupant is arrested.
- Must have reasonable belief that a weapon, a means of escape, or evidence exists.
- Can look in the grab-able area.
- The vehicle's trunk is NO GOOD
Portable Container in Vehicle - ANSWER - Reasonable belief that the container has a
weapon, a means of escape, or evidence.
- Container needs to be unlocked
, Plain View Exception - ANSWER - The officer must be where he has a legal right to
be Examples: Valid Consent, Emergency Situation, Hot Pursuit
- The officer must inadvertently see the item of evidence.
- The police officer has a reasonable cause to believe that items to be seized
are contraband, mere evidence, or fruits of a crime
AUTOMOBILE EXCEPTION - ANSWER - There must be probable cause that the
vehicle contains evidence or contraband AND exigent circumstances exist.
- Search the entire vehicle in areas capable of capable of holding the evidence
or contraband.
- The containers may be locked or unlocked.
- Once the item being searched for is found, the search must cease UNLESS the
search is for guns or drugs.
Continue the search for guns or drugs
CONSENT - ANSWER - Individual consenting to search must have possessory interest
in the premises.
- Consent to search must be given:
-Voluntarily (not coerced) -
Intelligently (at least 16 years old)
-Knowingly (not intoxicated, no trickery involved)
Tenant - ANSWER not the owner, but currently has possession of the property.
- The owner cannot give consent while the tenant has possession.
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