SDPD - San Diego Police Department Search and Seizure Procedures Questions and Answers

Question 1

An SDPD officer conducts a lawful traffic stop for a moving violation.
The officer develops probable cause to believe the vehicle contains evidence of a crime.
Under the 'automobile exception' to the Fourth Amendment in California, what is the permissible scope of the officer's search?

Accepted Answer

The entire vehicle, including the trunk and any closed containers within it that could reasonably contain the items being sought.

Answer

Only the passenger compartment of the vehicle and any containers within it.

Answer

The 'grab zone' immediately around the driver and passengers.

Answer

A cursory search of the vehicle for weapons only.

Question 2

During a consensual encounter at a park, an individual gives an SDPD officer voluntary consent to search their backpack. Inside, the officer finds a locked metal box. Which of the following actions is legally permissible for the officer to take next?

Accepted Answer

Stop the search of the box and seek separate consent to search it or obtain a warrant.

Answer

Immediately pry open the locked box because general consent to search the backpack extends to all containers within it.

Answer

Seize the box and hold it indefinitely until the owner decides to open it.

Answer

Arrest the individual for possessing a locked container, assuming it must contain contraband.

Question 3

Which of the following is a key holding from the U.S. Supreme Court case *Riley v. California*, which originated from a San Diego case?

Accepted Answer

Police may not generally search the digital information on a cellphone seized from an individual who has been arrested without first obtaining a warrant.

Answer

Officers may conduct a full, warrantless search of a cellphone's contents incident to a lawful arrest to prevent the destruction of evidence.

Answer

A warrant is never required to search a cellphone if the arresting officer has reasonable suspicion that it contains evidence of the crime of arrest.

Answer

Cellphone data is not protected by the Fourth Amendment because it is voluntarily shared with third-party service providers.

Question 4

An SDPD officer responds to a loud party complaint. At the front door of the residence, the officer observes through the open doorway several individuals using what appears to be illegal narcotics in the living room. What legal principle justifies the officer's entry into the residence to seize the contraband and address the illegal activity?

Accepted Answer

The Plain View Doctrine, coupled with exigent circumstances.

Answer

The concept of 'hot pursuit'.

Answer

A routine safety check of the premises.

Answer

Consent implied by the door being open.

Question 5

An SDPD officer detains a person on a valid probation term that includes a 'Fourth Waiver,' meaning the individual has agreed to be subject to search and seizure by law enforcement. What is the primary limitation on the officer's authority to conduct a search under this waiver?

Accepted Answer

The search cannot be conducted for reasons of harassment or for arbitrary or capricious reasons.

Answer

The officer must still have probable cause to believe the probationer has committed a new crime.

Answer

The search is limited to a pat-down for weapons only.

Answer

The officer must have the probation officer present to conduct the search.

Question 6

An SDPD officer makes a lawful arrest of a suspect for burglary. The suspect is handcuffed and secured in the back of the patrol car. Which of the following describes the lawful scope of a search incident to that arrest?

Accepted Answer

The suspect's person and the area within the suspect's immediate control at the time of the arrest.

Answer

The suspect's entire home and vehicle.

Answer

A full search of the suspect's cellphone found in their pocket.

Answer

Only a pat-down of the suspect's outer clothing for weapons.