5.100 Search and Seizure Flashcards
4th Amendment
Right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures SHALL NOT BE VIOLATED and NO WARRANTS shall issue but upon PROBABLE CAUSE supported by oath or affirmation describing PLACE TO BE SEARCHED and PERSONS or THINGS to BE SEIZED.
ANY detention BEYOND 60 minutes is a de facto ARREST and REQUIRES PROBABLE CAUSE
60- Minute Rule for Investigative Detention
Terry v. Ohio
Abandonment
WORDS or ACTIONS show a person has DISCLAIMED OWNERSHIP
Administrative Checkpoints
Policy justified and DO NOT REQUIRE reasonable suspicion or probable cause.
TRUE
INTRUSION MUST BE BRIEF AND SLIGHT
ARREST
- Taking of a person into custody in a manner allowed by law.
- Show of authority by an officer in WORDS OR ACTION which would cause a reasonable person to think they were being deprived of their liberty more than temporarily.
AND
- Submission to the show of authority
- Actual physical touching places subject under officer’s control.
4th Amendment EXPECTATIONS OF PRIVACY must be BOTH ________ and ___________.
- Reasonable and legitimate.
BODY CAVITY searches may be conducted on consent.
FALSE
- Search Warrant
- Conducted by medically trained personnel.
Blood draw may be collected WITHOUT A WARRANT under EXIGENT CIRCUMSTANCES.
True
Rare. Otherwise, consent or search warrant
BODY CAVITY SEARCH includes any probing of the rectum (male/female) or vagina REGARDLESS OF PENETRATION
TRUE
A person giving CONSENT to SEARCH must be provided with:
1.
2.
3.
4.
- Be INFORMED what is being searched for.
- NOT COERCED.
- Have ACTUAL AUTHORITY
- ABILITY TO REVOKE at any time.
Curtilage defined as area NEAR A RESIDENCE where residents have a reasonable expectation of privacy.
Determined by the 4th Amendment by:
1.
2.
3.
4.
Proximity
Included in enclosure
Nature of Use
Steps taken to protect the area from observation from passers-by.
CURTILAGE DETERMINED IN FAVOR OF OWNER, NOT LAW ENFORCEMENT
Police CANNOT create the exigent circumstance OR use a ruse to affect a WARRANTLESS ARREST.
True
Peyton Rule
Fresh Pursuit Criteria
Person wanted for serious felony is inside a home AND about to flee.
Forced Entry Defined
Entry into a structure of vehicle that requires FORCE OR TOOL to gain entry AND MAY CAUSE DAMAGE.
“Tool” includes Halligan, ram, etc.
“Hot Pursuit” Defined
- Sub category of EXIGENT CIRCUMSTANCE
- PROBABLE CAUSE
- COMMITTED A SERIOUS FELONY
- FLEEING FROM LAW ENFORCEMENT
- OFFICER HAS DIRECT KNOWLEDGE OF SUSPECT’S LOCATION.
Exceptions to the search warrant requirement
Consent
Abandon
Vehicle Frisk
Person w/ no standing
Search Incident to Arrest
During the application for a search warrant, officers must de-conflict the investigation by notifying
a) Fusion Watch
b) Watch Commander
c) RISSafe
d) RMIN
RISSafe
Investigative Emergency Search
- Prevent destruction of evidence.
- Effect the warrantless arrest of a violent suspect who officers believe MAY ESCAPE.
- HOT or FRESH pursuit.
NO JUDGE SHOPPING
TRUE
Soliciting a second judge when initial judge refuses to authorize warrant.
Open View
Person KNOWINGLY exposes to the public IS NOT protected by the 4th Amendment.
Persons w/ Standing
Authority, dominion, control, and access
Plain View
- Officer is in position
- Immediately recognizable
- Seizure is made w/out substantial addition of intrusion.
Search Incident to Arrest
Must be conducted at the time of arrest OR immediately after.
Seizure
Interference with individual’s freedom of movement by PHYSICAL FORCE or SHOW OF AUTHORITY
Meaningful INTERFERENCE w/ possessory interests in property.
Turn Over Order
Authorizes Affiant of search warrant to “turn over” evidence seized during a search to another jurisdiction.
Vehicle Frisk
- Based on reasonable suspicion
- Person has immediate access to dangerous weapon AND
- threat to the safety of officer.
- Frisk is confined to areas of vehicle person has ACCESS.
Consensual Encounter
Terry Stop
Arrest
No Justification
Reasonable Suspicion
Probable Cause
Terry Stops allow an officer the opportunity to ascertain:
1.
2.
Identification
Purpose
Person detained is not require to provide government issued ID
Field strip searches are rare and may be conducted where life of officers/others may be placed at risk.
TRUE
Explicit approval of a field lieutenant
All strip searches will be conducted by officers of the same gender.
TRUE
VISUAL BODY SEARCH
Field strip searches of a Confidential Informant WILL be done BEFORE AND AFTER in the presence of TWO OFFICERS.
TRUE
Traffic violation and other MINOR offenses WILL NOT be subject to strip search.
TRUE
Strip search will be documented by the arresting officer in the Declaration of Arrest Report.
Details will include:
- Justification
- Date and place
- Identity of searching officer
- Individual searched
- Officers present
- Description of the extent of search
- Weapons, evidence found
Consent may documented by:
a) verbal
b) written
c) electronically recorded
d) All of the above
All the above
Federal law allows entry to a vehicle to look for an examine the VIN not visible or obstructed from outside of the vehicle.
TRUE
Prior to allowing persons to re-enter a vehicle officer may conduct a _______ of __________ for weapons.
Frisk of vehicle
- unlocked compartments
- immediate access
Peyton Rule
Absent exigent circumstances or consent, officers must a have an arrest or search warrant to enter a structure to for the purpose of making a probable cause arrest.
A completed Telephonic Search Warrant filed with the courts will include
1.
2.
3.
4.
5.
-Application/Affidavit
-Duplicate Original
-Recording (judge’s ok)
-Transcription
- Return
Sealing Order and/or Turnover Order when applicable
LVMPD policy does not permit “judge shopping”. If a judge refuses to issue a search warrant the officer:
1.
2.
- Will not attempt to find another judge.
- Will IMMEDIATELY notify a SUPERVISOR and the DA who may review the option of finding another judge.
Search warrants for blood draw should include:
- Authorization to collect three (3) samples.
- Authorization to use REASONABLE FORCE to collect
Supervisor responsibilities for obtaining a search warrant:
- Ensure RISSafe
- Review warrant for PC
- Nexus between search location and items to be seized
- Any information from CI is corroborated.
- Verify any information going into the IAP or attached documents
Example for STATIC WARRANT not requiring an IAP is:
a) Cell phone
b) blood draw
c) body cavity search
d) buccal DNA swabs
e) All of the above
E. All of the above
Family Court judges are not authorized to issue search warrants.
TRUE
SWAT will be utilized to serve all search warrants where:
- Presence of violent subjects
- Occupants are armed/suicidal
- Fortified residence
- VICIOUS dogs
- Seriousness of crime
- Factors which articulate an increased risk of danger.
SWAT IAP must be completed
In preparation of High Risk/SWAT service, Lieutenant will:
a) Ensure accuracy of SWAT IAP
b) Approve and sign SWAT IAP
c) Inform the bureau commander
d) Coordinate a Tier 1 response of the TRIP protocol in the Watch Commanders Manual
e) all of the above
E. All of the above
Np-knock warrants are RESTRICTED as outlined in NRS 171.122.
No-knock search warrants (will/will not) be used solely for the preservation of evidence.
TRUE
No-knock search warrants MUST be approved by:
1.
2.
- SWAT Captain
- Deputy Chief Homeland Security
LVMPD assistance given during an Administrative Search Warrant is to provide a SAFE and SECURE environment. Officers WILL NOT search for contraband or evidence of a crime.
TRUE
Lieutenants approving application, affidavit and IAP related to search warrants will complete the required courses:
1.
2.
Search Warrant Preparation & Execution
Informant Management (Using CI’s)
