5/200.01 SEARCH AND SEIZURE Flashcards
The Fourth Amendment protects an expectation of privacy that must be both:
(1) reasonable; and (2) legitimate.
Administrative Checkpoint: These are “policy justified” searches which do not require ________ suspicion or probable cause; however, the intrusion in such cases must be brief and slight, and the determination of who to stop must be made according to some articulable, non-arbitrary standard and comply with NRS 484B.570.
reasonable suspicion
____________: The collection of a blood sample to determine the presence of drugs or alcohol when submitted for laboratory analysis. This sample may be obtained with consent, a search warrant or, on rare occasions, without a search warrant if exigent circumstances exist. is the definition of?
blood draw
A common law exception to the Fourth Amendment based on the public’s expectation that law enforcement may take action to save life or render aid:
Community Caretaking Doctrine
A non-investigative entry into a vehicle, structure, or curtilage to satisfy a legitimate community concern for life safety.
Community Caretaking Search
Exigent Circumstance: A time critical exception to the search warrant requirement for the purpose of acting on an investigative emergency, based on _____________ for a criminal investigation. Police cannot create the exigent circumstance or use a ruse to affect a warrantless search.
probable cause
___________:Entry into a structure or vehicle which requires a tool or use of force to gain entry and may cause damage to the structure or vehicle. NOTE: A “tool” includes but not limited to a ram, Halligan Tool, etc.
Forced Entry
Fresh Pursuit: Occurs when there is _____________ that a person who is wanted for a serious ____________ is inside a home or other private place and is about to flee.
probable cause felony
___________: A sub-category of “exigent circumstances” where a dangerous or felony suspect is fleeing from law enforcement and an officer has direct knowledge of the suspect’s location which would justify an exigent circumstances entry for apprehension.
Hot Pursuit
______________: What a person knowingly exposes to the public is not protected by the Fourth Amendment no matter where the exposure takes place. It does not justify a warrantless seizure.
Open View
_____________:An exception to the search warrant requirement that must satisfy these requirements: (1) the officer must be in a position in which he has a legal right to be; (2) the items must be immediately recognizable as contraband or evidence; and (3) the seizure must be made without substantial addition intrusion.
Plain View
Protective Sweep: A quick and limited search of premises conducted for the safety of officers and others. It must be narrowly confined to a cursory visual inspection of those places in which a __________ might be hiding.
person
__________:Authority, apparent authority, dominion, control and access to the place or items searched is the defnition of?
Standing
Exceptions (4th Amend. does not apply) related to criminal investigations where the Fourth Amendment does not apply are(6):
- Open view
- Person has no standing to assert a legal right (property right or constitutional right)
- Trash searches outside the curtilage
- Detention facilities
- Abandoned property
- Searches by a private citizen not acting as an agent of the government
The officer’s intent and motivation must be to save life or render aid. The facts and circumstances must objectively support the officer’s belief that someone is in distress.
Community Care Taking Doctrine =“check the welfare”
Courts recognize “check the welfare” situations as a distinct non-criminal investigative function
Community Care Taking Doctrine , The non-criminal nature of this type of investigation allows officers to enter on to curtilage and/or make entry into a__________. Officers who enter a structure will update details in CAD.
structure
it is the policy of the LVMPD to limit this Community Care Taking Doctrine to what two things?
- welfare checks and
- certain traffic stops (i.e. officer stops someone for driving slow because of the suspicion that the driver may be in medical distress).
Investigative Detentions, also known as a Reasonable Suspicion Stops or a “Terry Stop” allow an officer to stop a person to ascertain his or her:
- Identity (Does not have to provide ID, verbal is good enough)
- Purpose
If during a Traffic Stop a driver becomes non-compliant when asked to provide identification and/or other requested documentation with no other actions, the driver will be considered as a ________ subject.
A supervisor will be notified and respond to determine how to proceed.
obstructive subject
The determination to impound a firearm for safekeeping should be for _________or to determine ownership (i.e.: found firearm). The determination to impound a firearm for safekeeping will be documented and articulated in the narrative portion of the Property Report.
life safety
All strip searches will be conducted by officers of the same gender as the subject, T/F?
True
Field Strip Searches of prisoners shall be conducted only in the ___________of circumstances where the life of officers or others may be placed at risk and only with the explicit approval of a lieutenant and only in the presence of a supervisor.
rarest
Individuals arrested for traffic violations and other minor offenses of a nonviolent nature will not be subject to strip searches unless the arresting officer has ___________________to believe that the individual is concealing contraband or weapons.
Regardless of the outcome details will be documented on the AR or Impaired driving report.
reasonable suspicion
Can subjects consent to a Body Cavity Search?
NO. A search warrant containing specific authorization to perform a body cavity search and the necessity for the search will be obtained.
For Vehicle searches, If anyone who is present and has standing objects to a search, a search warrant must be obtained, T/F?
True
If a vehicle is readily mobile and probable cause exists to believe it contains contraband or evidence, the Fourth Amendment permits officers to search the vehicle, T/F?
True
search may include all locked or unlocked containers located inside the vehicle where the item may be found.
Absent Exigent Circumstances or Consent, officers 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. This is also knwn as?
Payton Rule
Absent Exigent Circumstances or Consent, officers 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) that 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
This is also known as the?
The Steagald Rule
Frisk for Weapons – An officer who is legally present in a structure may conduct a limited protective search for weapons in the subject’s area of?
immediate access
Protective Sweep – An officer who is legally present in a structure may conduct a protective sweep if he has reasonable suspicion to believe there is a threat to his safety from a person in the structure. The search is only for persons.
Items of an evidentiary nature inadvertently discovered during a protective sweep may be potentially seized under plain view; however, officers are strongly encouraged to obtain a ______ _________.
a search warrant.
Exigent Circumstances. This exception to the warrant requirement involves balancing a number of factors. It is a time-critical exception to the search warrant requirement that requires probable cause to justify a warrantless entry to:
- Prevent the destruction of evidence of a serious felony offense; or
- Effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended.
Consent is: An Agreement, approval, or permission to act. A person giving consent must do so freely and voluntarily. A person consenting must be compleated under what 4 terms?
(1) be informed (tell the subject what is being searched for);
(2) not be coerced;
(3) have actual authority or apparent authority (“standing”); and
(4) have the ability to revoke consent at any time during the search.
During a criminal investigation, A court reviewing an officer’s level of contact is __________. The intentions of the officer are not relevant; however, the action(s) of the officer is what will be evaluated.
objective
Probable Cause Vehicle Search – If a vehicle is readily mobile and probable cause exists to believe it contains contraband or evidence, the Fourth Amendment permits _______________the vehicle. The search may include all locked or unlocked containers located inside the vehicle where the item may be found.
officers to search
NOTE: Officers will not search a vehicle Incident to Arrest.
No-knock search warrants are ________ except in limited circumstances for life safety and when other tactical options have been considered and deemed unsafe.
prohibited
A planned no-knock tactical entry must be approved by the deputy chief of the _____________ or designee of equal rank.
No-knock search warrants will not be used for the preservation of evidence.
Homeland Security Division
Requests for “keep the peace” at an administrative search warrant service by an administrative agency must be approved by a ________ and notification made to the ___________.
- lieutenant
- watch commander
ADMINISTRATIVE SEARCH WARRANT
Examples of the types of administrative agencies requesting assistance include (7):
- Animal Control
- Attorney General
- Constable
- Gaming Control
- Health Administration
- Child Protective Services
- Taxi-Cab Authority
Officers may assist with clearing a structure and will focus on locating people and officer safety concerns. Officers will not search for ________or ________to a crime.
contraband or evidence
