301 Search And Seizure

Question 1

Supervisory approval is indicated via the oath administration step in eWarrants where the oath administrator (supervisor) electronically signs as having administered the oath to the affiant.

Question 2

In-person warrant requests will only be permitted for what two reasons?

Answer 2

The integrity unit; or

When a police member has received prior approval from the department director or higher authority

Question 3

When executing search warrants for premise(s), structure(s), and/or conveyance(s) the supervisor in charge shall determine if the search warrant is high risk in nature by completing Form P-0394 (Search Warrant Request Checklist) Section 6 (Tactical Checklist). If any of the items in Section 6 Tactical Information or “ yes”, the supervisor in charge shall confer with who to determine if the SWAT team will serve the warrant?

Answer 3

SWAT supervisor

Question 4

When executing search warrants for premise(s), structure(s), and/or conveyance(s) the supervisor in charge shall authorizing execution of the warrant, and ensure that a Narcotics Information Network Joint Agency System (NINJAS) request has been completed and submitted at least how many hours prior to the warrant being served.

Answer 4

Two hours prior

Question 5

When executing search warrants for premise(s), structure(s), and/or conveyance(s) the supervisor in charge shall potty briefing prior to the execution of the warrant. If possible, the briefing shall include what?

Answer 5

Photographs and charts if possible

Question 6

Prior to the service of any search warrant, the supervisor and officers shall, when possible do what five things?

Answer 6

Determine the number of persons present and their identities

Determine if occupants are armed

Determine if children are present

Check criminal histories when possible ; and

Check for dogs or other animals and determine how they are to be handled

Question 7

Supervisor shall designate officers to search specific areas. A minimum of _____ officers shall be assigned per room.

Answer 7

Two

Question 8

A complete list of assignments shall be documented and maintained with the _________ plan.

Answer 8

Operations

Question 9

All individually bagged items of evidence shall be secured in a larger bag by the supervisor in charge of the search warrant. The supervisor shall check the inventory for completeness and seal the bag with tape and his initials and ID number. The sergeant shall write “___________” on the outer bag and provide their immediate contact information.

Answer 9

Search warrant

Question 10

In eWarrants, the search warrant and inventory shall be electronically returned within ____ days of service to a judge for the judges signature and convey to the judge the outcome of the search.

Answer 10

10 days

Question 11

If a warrant is not served in manner or the officer decides to let it lapse, the warrant shall be returned as unserved within ____ days.

Answer 11

15 days

Question 12

Per the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 12 of the Florida Constitution, officers may not conduct a search without a search warrant unless an exception applies. what are the exceptions?

Answer 12

Protective Sweep
Exigent circumstances
Arrest
Consent
Hot pursuit
Inventory
Terry stop

Question 13

An exception to a search warrant can be recalled through the use of acronym PEACH PIT, what does PEACH PIT stand for?

Answer 13

Protective sweep
Exigent circumstances
Arrest
Consent
Hot pursuit
Inventory
Terry stop

Question 14

If the arrest occurs in a motor vehicle, the passenger compartment, including closed containers, may be searched if there is reason to believe that _______________________________________________ maybe found in the vehicle. However, the trunk may not be searched unless consent is given, or contraband is found in the passenger compartment.

Answer 14

Evidence relevant to the crime with which the arrestee is being charged

Question 15

If the individual indicates he/she will consent to a search, but refuses to sign Form P-0492 (Consent to Search), fill out the form regardless and indicate “________________________,” inserting initials, in the signature of any witness in the signature block.

Answer 15

Consented to search but refused to sign

Question 16

Consent must be given knowingly, intelligently, and voluntarily without coercion.

Question 17

If an officer has reasonable suspicion that a person has committed, is committing, or is about to commit a crime, the officer may temporarily detain (stop) such person in order to determine the person‘s identity and the circumstances surrounding the person’s presence abroad which led to the officer’s suspicions. This is known as what?

Answer 17

Stop and Frisk (Terry Stop)

Question 18

Inventory searches are warranted for what three reasons?

Answer 18

Protecting the owner’s property

Protecting the police against lost or stolen property claims; and

Protect protecting the police from potential danger

Question 19

A suspect may not defeat a lawful arrest that was initiated in a public place by fleeing to a private place. In addition, the Fourth Amendment does not require police officers to delay investigation if to do so would gravely endanger their lives or the lives of others. This is known as what?

Answer 19

Hot pursuit

Question 20

Pursuit of a suspected misdemeanant is permissible where the misdemeanor is punishable by what?

Answer 20

A jail of sentence

Question 21

If an officer has announced his or her authority and purpose (to arrest) and is in hot pursuit of a _______ suspect, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.

Answer 21

Felony