5.100 Search and Seizure

Question 1

The Fourth Amendment protects an expectation of privacy that must be both:

Answer 1

1. Reasonable, AND

2. Legitimate

Question 2

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, is defined as:

Answer 2

The Community Caretaking Doctrine

Question 3

A non-investigative entry in to a vehicle, structure or curtilage to satisfy a legitimate community concern for life safety, is defined as:

Answer 3

A Community Caretaking Search

Question 4

Consent is an agreement, approval or permission to act. A person giving consent must do so ____________ and ____________.

Answer 4

Freely, Voluntarily

Question 5

What are the four requirements that must be met for consent to be considered valid?

Answer 5

A person giving consent must:

1. Be informed (tell the subject what is being searched for)
2. Not be coerced
3. Have actual authority or apparent authority
4. Have the ability to revoke consent at any time during the search

Question 6

What are the four considerations in determining whether an area is curtilage and subject to the protections of the Fourth Amendment?

Answer 6

1. Proximity of the area to the home.
2. Whether the area is included in an enclosure which surrounds the home.
3. Nature of uses to which an area is put
4. Steps taken to protect the area from observation from passerbys.

Question 7

Occurs when there is probable cause that a person who is wanted for a serious felony is inside a home or other private place and is about to flee, is defined as:

Answer 7

Fresh Pursuit

Question 8

A sub-category of “exigent circumstances” allowing entry into a structure when there is probable cause to believe a dangerous person has committed a serious felony. The suspect is fleeing from law enforcement and the officer has direct knowledge of the suspect’s location. This is defined as:

Answer 8

Hot Pursuit

Question 9

What are the three conditions that must be met for Plain View to be valid?

Answer 9

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 additional intrusion.

Question 10

A police intrusion on a reasonable and legitimate expectation of privacy, is defined as:

Answer 10

Search

Question 11

A police interference with an individual’s freedom of movement by means of physical force or show of authority or meaningful interference with an individual’s possessory interests in property, is defined as:

Answer 11

A “Seizure”

Question 12

According to Policy, there are 6 exceptions related to criminal investigations where the Fourth Amendment does not apply. Those are:

Answer 12

1. Open view
2. Person has no standing to assert a legal right (property right or constitutional right)
3. Trash searches outside of curtilage
4. Detention facilities
5. Abandoned property
6. Searches by a private citizen not acting as an agent of the government

Question 13

When an officer requests to make entry into a structure for a “welfare check” under the Community Care Taking Doctrine, the area sergeant will:

Answer 13

1. Acknowledge the call over the radio, and if feasible, respond to the scene.
2. Ensure the preliminary investigation has been conducted by the officer.
3. Confirm the need for the Community Caretaking Search.
4. Determine if the use of a locksmith or the use of an officer’s person lock-picking device is appropriate.
5. Ensure additional units, resources and medical have been requested, if needed.

Question 14

Per policy, the Community Care Taking Doctrine is limited to what two police functions?

Answer 14

1. Welfare checks, and

2. Certain traffic stops

Question 15

Investigative detentions, also known as a reasonable suspicion stops or Terry stops allow an officer to stop a person to ascertain his or her:

Answer 15

1. Identity

2. Purpose

Question 16

If during a traffic stop a driver becomes non-compliant when asked to provide identification and/or other requested documentation with no other actions, what actions will be taken?

Answer 16

The driver will be considered to be displaying obstructive behavior and a supervisor will respond to determine how to proceed.

Question 17

Field strip searches of prisoners shall be conducted only in the rarest of circumstances where the life of officers or others may be placed at risk. The search must approved by who and conducted in the presence of who?

Answer 17

Approved by a lieutenant and conducted in the presence of a supervisor.

Question 18

What are the three methods for obtaining a search warrant?

Answer 18

1. Written
2. Telephonic
3. Electronic

Question 19

A search warrant application and affidavit must include these three items:

Answer 19

1. An officer’s probable cause statement supported by oath or affirmation;
2. Particularly describing the place to be searched; and
3. Particularly describing the items or things to be seized.

Question 20

A “Written” search warrant includes the following five documents

Answer 20

1. Search Warrant Application and Affidavit
2. The Search Warrant (Signed by a Judge)
3. Search Warrant Return of Service
4. Sealing Order (when applicable)
5. A Turn Over Order (when applicable)

Question 21

After a search warrant has been drafted and reviewed by a secondary officer, the supervisor will follow these 6 steps to approve it before it is reviewed by the District Attorney’s office,

Answer 21

1. Ensure the investigating officer has de-conflicted the investigation by notifying RISSafe.
2. Ensure the officer has established a probable cause nexus between the place to be searched and the items sought to be seized.
3. Ensure the officer corroborated information received from informants, identifying their reliability, source of knowledge and motivation.
4. Verify all information contained in the application to include the Incident Action Plan, if applicable.
5. Verify that all other “officer responsibilities” have been completed.
6. After review, authorize the affidavit to contact the District Attorney’s office for review and approval.

Question 22

Are Family Court judges authorized to sign search warrants?

Answer 22

NO

Question 23

A telephonic search warrant consist of the following parts:

Answer 23

1. Search warrant application and affidavit
2. Duplicate original search warrant
3. Recording of telephonic conversation with the judge
4. Recording transcription
5. Search warrant return
6. Sealing order (if applicable)
7. Turn over order (if applicable)

Question 24

If a judge denies a search warrant, what are the responsibilities of the officer/detective?

Answer 24

1. Will NOT attempt to find another judge (i.e. judge shopping)
2. Will immediately notify the supervisor and the representative of the District Attorney’s office who approved the warrant. The supervisor and the representative may review the option of finding another judge.

Question 25

Telephonic search warrants will be obtained for what type of evidence?

Answer 25

Evidentiary Blood Samples

Question 26

An electronic search warrant consists of the following five parts:

Answer 26

1. Search warrant application and affidavit
2. Electronic search warrant
3. Search warrant return of service
4. Sealing order (if applicable)
5. Turn over order (if applicable)

Question 27

What are the two classifications of search warrants?

Answer 27

1. Non-SWAT

2. SWAT

Question 28

After obtaining a search warrant, what type of items or places can be searched without the assistance of SWAT (i.e. Non-SWAT Search Warrants), where no IAP is required?

Answer 28

1. Premise Freezes (not a preplanned investigative technique)
2. Impounded vehicle (tow yard or facility)
3. Vehicle in police custody pending issuance of a search warrant (roadside)
4. Electronic data storage (computers, cell phone, skimmers, internet based storage, etc.)
5. Impounded locked boxes, file cabinets and safes
6. Safe deposit boxes
7. Documents and/or parcels held by professional third-parties
8. Buccal swabs
9. Blood draw
10. Body cavity search
11. Unoccupied storage facility
12. Any structure reasonably believed to be unoccupied

Question 29

How many days do officers have to serve a search warrant after it is signed by a judge?

Answer 29

10 Days

Question 30

Which two ranking supervisors must approve a No-knock search warrant prior to seeking a judge’s approval?

Answer 30

1. SWAT Captain, and

2. Deputy Chief of the Homeland Security Division, or designee of equal rank

Question 31

When an administrative agency (i.e. Animal Control, Constable, CPS, etc.) requests assistance with serving an administrative search warrant, the Patrol Sergeant will:

Answer 31

1. Respond to the scene of all requests for assistance in serving an administrative warrant.
2. Review the contents of the warrant, ensuring a judge’s signature is affixed.
3. Ensure the appropriate number of officers are present.
4. Ensure a marked a patrol unit is placed in view of the structure.
5. Prior to entering the structure, officers should announce and give the occupants time to exit.
6. Prior to entering the structure, ensure dispatch is aware officers are entering.
7. After clearing the structure, ensure control is turned over to the administrative agency.
8. Ensure an officer receives a copy of the warrant to turn in to be scanned into Onbase.

Question 32

When preparing to serve a Non-SWAT search warrant, the immediate supervisor will complete these 11 steps:

Answer 32

1. Ensure the Search Warrant and Incident Action Plan (IAP) are complete and accurate.
2. Approve and sign the IAP
3. Ensure a briefing is conducted and the entry team has the proper certification and equipment.
4. Determine entry team and search team assignments.
5. Ensure the area command and communications supervisors are notified of the warrant service.
6. When necessary, coordinate with the area command supervisor for uniformed officer presence,
   K9 and Air Unit.
7. Consider the need to place medical on standby and have a downed officer rescue plan in place.
8. When feasible, establish surveillance 30 minutes prior to the search warrant service.
9. Ensure the warrant is being served between 7 am and 7 pm, unless nighttime service was authorized.
10. Consider the use of a trick or ruse to cause the occupants to exit the premise
11. Contact with section lieutenant or designee of equal rank to approved the warrant service.

Question 33

When serving a Non-SWAT search warrant, the supervisor will complete the following,

Answer 33

1. Participate in the service of the search warrant.
2. When feasible, the supervisors will be inside the residence to ensure detectives/officers complete assigned tasks and handle/document evidence appropriately.
3. Ensure, upon conclusion of the search, that:
   a. The Search Warrant Return and Property Report describing the items seized pursuant to the search warrant has been properly completed.
   b. All evidence/confiscated property has been collected by the search teams and properly documented.
   c. Copies of the search warrant, application and the affidavit for search warrant or seal and return are left at the location of the search.
   d. Complete exit photos have been taken to include search warrant documents left at location of the search.
   e. All team members person and department-issued equipment is removed from the location of search.
   f. Search team members do not make statements regarding liability for repairs.
4. Coordinate the securing of the premises.

Question 34

When serving a SWAT Search Warrant, the Supervisor will complete the following,

Answer 34

1. Ensure that all information has been provided by the affiant/officer to SWAT.
2. Prior to service and during the subsequent search phase, supervisor(s), detectives and/or officers will wear clearly marked clothing.
3. Ensure the area command and communication supervisors are notified of the search warrant.
4. After entry by SWAT and the premise is cleared, place a marked patrol vehicle in view of the target premise., when possible, for scene security.
5. When feasible, the supervisor will be inside the residence to ensure detectives/officers complete assigned takes and handle/document evidence appropriately.

Question 35

For search warrants served by SWAT, who must approve nighttime service (7 pm to 7 am)?

Answer 35

The SWAT Tactical Commander

Question 36

After a search warrant has been served, what are the “Post Service and Documentation” requirements?

Answer 36

1. Impound all evidence
2. Complete a detailed Officer’s Report including, but not limited to:
   a. Location
   b. Items seized, their location and who located them
   c. All person present
   d. Damage to the structure or property
   e. How structure was secured
3. Scan search warrant documents into OnBase
4. Send the following documents to the originating court within 10 days,
   a. Original search warrant
   b. Search warrant application
   c. Search warrant return
   d. Sealing order (if applicable)
   e. Turn over order (if applicable)
5. Exception: DNA search warrant will be returned within 6 months.

Question 37

For the Post Service and Documentation of a Search Warrant, the supervisor is responsible for the following,

Answer 37

1. Ensure all the “Post Service and Documentation” officer’s responsibilities have been completed.
2. Review and approve the Officer’s Report.
3. If damage to the structure or property has occurred, ensure a copy of the Officer’s Report has been forwarded to the Risk Management Section.

Question 38

After a search warrant has been served, a copy of which documents will be left at the property.

Answer 38

1. The application and affidavit of the search warrant
2. The search warrant signed by the judge
3. The search warrant return

If a sealing order was approved, a copy of that order will replace the application and affidavit.

Question 39

Which section conducts forensic examinations of all digital storage devices (i.e. computers, cell phones, digital video recorders, etc.)?

Answer 39

The Digital Forensics Lab

Question 40

Which sections are authorized to purchase, maintain and/or deploy GPS technology?

Answer 40

1. TASS
2. VIPER
3. Major Violators/Narcotics Bureau
4. Gangs/Vice Bureau
5. Criminal Intelligence Section
6. Special Investigations Section
7. Counter Terrorism Seciton

Question 41

How does the service of a search warrant for a GPS tracker differ from the service of a traditional search warrant?

Answer 41

1. No IAP is required for the installation or removal of a GPS tracker.
2. A sergeant does not need to be present for the installation or removal.
3. No paperwork is left with anyone after the warrant has been executed.
4. No after service Officer’s Report is required for the service of the warrant.
5. The return of service is a two part process,
   a. The initial return involves installing the GPS tracker. Filed within 10 days of authorization.
   b. The final return involves removing the GPS tracker. Filed within 10 days after removal.