5/200.01 Search and Seizure

Question 1

Who will perform a body cavity search?

Answer 1

physician or other medically trained personnel

Question 2

A common law exception to 4th Amendment based on publics expectation that law enforcement may take action to save life or render aid.

Answer 2

Community Caretaking Doctrine

Question 3

A non-investigative entry into a structure or curtilage to satisfy a legitimate community concern.

Answer 3

Community Caretaking Search

Question 4

Absent exigent circumstance or consent, officer are required to have either an arrest warrant or a search warrant to enter a structure for the purpose of making a probable cause arrest.

Answer 4

Payton Rule

Question 5

Absent exigent circumstance or consent, officer are required to obtain a search warrant to enter a structure owned by a third-party for the purpose of serving an arrest warrant or to make a probable cause arrest. The search warrant requires: 1. officers have probable cause to believe the suspect is located within the structure, and 2. a showing of why it is reasonable to make entry into the structure instead of waiting for the suspect to exit

Answer 5

Steagald Rule

Question 6

The 3 ways to obtain a search warrant.

Answer 6

written, telephonic, electronic

Question 7

On service of search warrant, the supervisor will do…4 items

Answer 7

1. ensure RISsafe has been de-conflicted
2. read warrant for probable cause
3. verify IAP and other “officer responsibilities”
4. have affiant contact district attorney