5.100 Search and Seizure Flashcards
The Fourth Amendment protects an expectation of privacy that must be both:
- Reasonable, AND
2. Legitimate
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:
The Community Caretaking Doctrine
A non-investigative entry in to a vehicle, structure or curtilage to satisfy a legitimate community concern for life safety, is defined as:
A Community Caretaking Search
Consent is an agreement, approval or permission to act. A person giving consent must do so ____________ and ____________.
Freely, Voluntarily
What are the four requirements that must be met for consent to be considered valid?
A person giving consent must:
- Be informed (tell the subject what is being searched for)
- Not be coerced
- Have actual authority or apparent authority
- Have the ability to revoke consent at any time during the search
What are the four considerations in determining whether an area is curtilage and subject to the protections of the Fourth Amendment?
- Proximity of the area to the home.
- Whether the area is included in an enclosure which surrounds the home.
- Nature of uses to which an area is put
- Steps taken to protect the area from observation from passerbys.
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:
Fresh Pursuit
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:
Hot Pursuit
What are the three conditions that must be met for Plain View to be valid?
- The officer must be in a position in which he has a legal right to be,
- The items must be immediately recognizable as contraband or evidence, AND
- The seizure must be made without substantial additional intrusion.
A police intrusion on a reasonable and legitimate expectation of privacy, is defined as:
Search
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:
A “Seizure”
According to Policy, there are 6 exceptions related to criminal investigations where the Fourth Amendment does not apply. Those are:
- Open view
- Person has no standing to assert a legal right (property right or constitutional right)
- Trash searches outside of curtilage
- Detention facilities
- Abandoned property
- Searches by a private citizen not acting as an agent of the government
When an officer requests to make entry into a structure for a “welfare check” under the Community Care Taking Doctrine, the area sergeant will:
- Acknowledge the call over the radio, and if feasible, respond to the scene.
- Ensure the preliminary investigation has been conducted by the officer.
- Confirm the need for the Community Caretaking Search.
- Determine if the use of a locksmith or the use of an officer’s person lock-picking device is appropriate.
- Ensure additional units, resources and medical have been requested, if needed.
Per policy, the Community Care Taking Doctrine is limited to what two police functions?
- Welfare checks, and
2. Certain traffic stops
Investigative detentions, also known as a reasonable suspicion stops or Terry stops allow an officer to stop a person to ascertain his or her:
- Identity
2. 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, what actions will be taken?
The driver will be considered to be displaying obstructive behavior and a supervisor will respond to determine how to proceed.
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?
Approved by a lieutenant and conducted in the presence of a supervisor.
What are the three methods for obtaining a search warrant?
- Written
- Telephonic
- Electronic
A search warrant application and affidavit must include these three items:
- An officer’s probable cause statement supported by oath or affirmation;
- Particularly describing the place to be searched; and
- Particularly describing the items or things to be seized.