5.100 Search and Seizure Flashcards by Seth Leavitt

Which Amendment to the U.S. Constitution deals with Search & Seizure?

4th

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The 4th Amendment protects a person’s expectation of privacy that has which two characteristics?

Reasonable & Legitimate

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What exception to the search warrant requirement allows law enforcement to take action to save life or render aid?

Community Caretaking Doctrine

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What type of search involves a non-criminal encounter with a citizen or vehicle that is intended for law enforcement to investigate a serious medical concern or life safety issue such as a Legal 2000?

Community Caretaking Search

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What is the name of the area outside of but near a residence where residents maintain a reasonable expectation of privacy?

Curtilage

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What are considerations in determining whether an area outside of a home is curtilage and therefore subject to the protections of the 4th Amendment?

Proximity to the home
Whether the area is within an enclosure which surrounds the home
The nature of its use
Steps taken to protect the area from passers-by

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What is used in conjunction with a telephonic search warrant application and affidavit directing officers to search particular places and/or seize persons or things?

Duplicate Original Search Warrant

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Which exception to the search warrant requirement allows officers warrantless entry into a home when an emergency exists and there is a need to render aid or to protect an individual from immediate harm from themselves or others?

Emergency Aid Exception

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What is fresh pursuit?

When there is PC that a person, who is wanted for a serious felony, is inside a home or other private place and is about to flee.

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What is the exception to the search warrant requirement which allows entry into a structure when there is PC to believe a dangerous person has committed a serious felony, the suspect is fleeing law enforcement and the officer has direct knowledge of the suspect’s location?

Hot Pursuit

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What is GPS covert deployment?

The surreptitious installation and use of a GPS device, pursuant to a search warrant.

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What type of seizure of a person exists where an officer must have reasonable suspicion for, and may last for no longer than 60 minutes with the limited scope and purpose of conducting an investigation and for which an officer must have RS.

Investigative Detention

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What warrantless search requires PC to 1) prevent the destruction of evidence of a serious felony offense, or 2) effect a warrantless arrest of a violent or dangerous suspect who officers have PC to believe committed a serious felony or violent offense and may escape if not immediately apprehended, or 3) hot or fresh pursuit?

Investigative Emergency Search

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Are trailers, RV’s, mobile homes and other vehicles that must be towed considered motor vehicles?

Yes

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What hours of the day do nighttime service requests on a search warrant allow an affiant to serve the search warrant?

Any

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What type of warrant is acquired following or during the service of a primary warrant that is based on evidence found during the execution of the primary warrant that would exceed the scope of the primary warrant if seized?

Piggyback Warrant

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What is the exception to the search warrant requirement where 1) the officer is in a position where there is a legal right to be, 2) the items are immediately recognizable as contraband or evidence, and 3) the seizure is made without substantial additional intrusion?

Plain View

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What is the standard for probable cause to search?

A “Fair Probability” that the items sought to be seized will be contained in the premises sought to be searched

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What type of court order is issued upon a showing of “good cause” to protect the contents of an application and affidavit for a search warrant until a criminal complaint or indictment is filed or a court otherwise orders the application and affidavit for a search warrant unsealed?

Sealing Order

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What is a sworn statement presented to a judge (written or verbal) supporting the issuance of a search warrant?

Search Warrant Application & Affidavit

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Within how many days of the court’s authorization of a search warrant must the Search Warrant Return of Service be returned to the court?

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Within how long after the court’s authorization of a DNA search warrant must the Search Warrant Return of Service be returned to the court?

6 Months

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What is known as a search by a government agent, without justification, that constitutes an unreasonable intrusion into an area protected by the 4th Amendment including a person’s residence, curtilage, vehicle, papers, or effects?

Trespass By Government Agents

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What is obtained in conjunction with a search warrant that authorizes an affiant to turn over property seized during service of a search warrant to another jurisdiction?

Turnover Order

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Where does an exception to the search warrant requirement apply due to being related to non-criminal investigations and administrative in nature?

In Secured Areas At Airports

What are the 6 exceptions related to criminal investigations where the 4th Amendment does not apply?

1. Person Has No Standing 2. Open View 3. Trash Searches Outside the Curtilage 4. Detention Facilities 5. Abandoned Property 6. Searches By Private Citizen Not Acting As An Agent

Under the Community Caretaking Doctrine, what 2 locations/types of interactions are permitted in order to conduct a welfare check on an individual?

1. Outside of a Residence 2. A Vehicle Stop Is Being Conducted Because Of A Medical Need

If officers damage property during a welfare check done under the Community Caretaking Doctrine, what follow-up actions need to be completed?

1. Officer’s Report 2. Photographs Taken Of The Damage 3. CAD Details Updated For All Warrantless Entries Made Under The Community Caretaking Doctrine Regardless Of Whether Property Damage Was Done

After making a warrantless entry into a residence based on the Emergency Aid Exception, what must officers gain in order to remain inside the residence if they haven’t developed PC to arrest an occupant once the exigency no longer exists?

Consent

When notified that officers are making entry into a residence based on the Emergency Aid Exception, what 5 things will the area sergeant do?

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

If officers damage property as a result of their method of entry into a structure, what 3 things must be completed?

1. Officer’s Report 2. Photographs Of The Damage 3. Update Details In CAD

Under an investigative detention, or RS stop, what 2 things can officers ascertain from a subjects?

1. Their Identity 2. Their 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 level of resistance will the driver then be considered to be in?

Obstructive

When a driver of a vehicle becomes obstructive during a vehicle stop, is a supervisor required to respond to determine how to proceed?

Yes

What are the two types of traffic offenses?

Primary & Secondary

What are the 4 legal justifications to seize a person?

1. Investigative Detention 2. Vehicle Stop 3. Arrest 4. L2K

What are the 2 legal justifications to seize a residence or structure?

1. Premise Freeze 2. Search Warrant

What are the 3 legal justifications to seize a vehicle?

1. Vehicle Stop 2. Impound 3. Search Warrant

What are the 5 legal justifications to seize property?

1. Plain View 2. Abandoned 3. Premises Freeze 4. Search Warrant 5. Safekeeping

What are the 2 reasons when a firearm may be seized for safekeeping?

1. Life Safety 2. To Determine Ownership

When a firearm is impounded for safekeeping, where will it be documented and articulated?

In the Narrative Portion of the Property Report

What are the 4 types of warrantless searches of persons?

1. Consent 2. Pat Down 3. Search Incident To Arrest 4. Personal Property Inventory

When is a field strip search permitted?

When the life of officers may be placed at risk

Who is able to authorize a field strip search?

A Lieutenant

When are field strip searches to be conducted on CI’s and who must be present?

Before & after an operation and conducted in the presence of 2 officers

Is blood or breath the preferred method of collecting evidence for a DUI?

Breath

According to policy, pursuant to a lawful stop, under what 5 circumstances may a vehicle be searched without a warrant?

1. Consent (electronically recorded [BWC], written, or verbal) 2. PC 3. Vehicle frisk (for weapons) 4. To examine a VIN 5. Inventory

Are officers permitted to search a vehicle incident to arrest?

On a traffic stop where occupants have exited the vehicle, under what circumstance may an officer frisk the area where occupants may have immediate access to prior to their re-entry into the vehicle?

When the officer has Reasonable Suspicion that a weapon is inside the vehicle

When may an officer make a warrantless entry into a vehicle to examine the VIN?

When the VIN in the front window is obscured

Under what 2 circumstances may an officer force open a locked container or compartment of a vehicle during a vehicle inventory?

1. With consent from the owner 2. With reasonable and articulable belief that it may contain weapons, explosives, hazardous materials or contraband

Where must it be documented when an officer opens a locked container without consent during a vehicle inventory?

A) In P1 if no arrest/no evidence located B) In DOAR if evidence is found resulting in an arrest.

If a locked container is damaged during a vehicle inventory, what are the 2 options of how it will be documented?

CAD or Officer’s Report

During a vehicle inventory, where will it be documented if entry into a locked container cannot be made?

On the Vehicle Impound Report

What rule requires officers to obtain either an arrest warrant or a search warrant to enter a structure for the purpose of making a PC arrest?

Payton Rule

What rule requires officers, absent exigent circumstances, 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 PC arrest?

Steagald Rule

What 2 requirements must be met under the Steagald Rule to obtain a search warrant in order to enter a structure owned by a third party for the purpose of serving an arrest warrant or to make a PC arrest?

1. PC to believe the suspect is located within the structure 2. Show why it is reasonable to make entry into the structure instead of waiting for the suspect to exit

What are the 3 methods of giving consent to search a structure?

1. Electronically recorded (BWC) 2. Written 3. Verbal

Must a witness officer be present while obtaining verbal consent to the search of a structure?

What are the 3 options in documenting consent to search a structure?

1. Officer’s report (if generated) 2. DOAR (if generated) 3. CAD

What are the 4 exceptions to the search warrant requirement within a structure?

1. Consent 2. Frisk for weapons 3. Protective sweep (for persons) 4. Exigent circumstances

What are the 2 main factors in determining exigent circumstances in a warrantless search of a structure?

1. Prevent the destruction of evidence of a serious felony 2. Effect a warrantless arrest of a violent or dangerous suspect who officers have PC to believe committed a serious felony or violent offense and may escape if not immediately apprehended

What doctrine covers something that a person knowingly exposes to the public?

Open View

What are the 3 methods for obtaining a search warrant?

1. Written 2. Electronic 3. Telephonic

What are the 3 main parts of a written search warrant?

1. PC Statement 2. Location to be Searched 3. Items to be Seized

What requests may be made to an applicable search warrant?

1. Sealing Order 2. Turnover Order 3. Nighttime Service Request 4. Search of Persons Present

What is the list of items that have been seized during the execution of a search warrant?

Search Warrant Return Of Service

Once an application and affidavit for a search warrant is completed and a second officer has reviewed it, a supervisor will complete which 6 tasks?

1. Ensure deconfliction 2. Ensure PC nexus links place to be searched with items sought to be seized 3. Ensure information obtained from informants is corroborated 4. Verify information, review supporting documentation, and the IAP if applicable 5. Verify all officer responsibilities have been completed 6. Authorized affiant to contact a DA representative for review and approval

A representative of the DA’s office will be contacted to review PC on all search warrants with what exception?

Buccal Swab Search Warrants

Upon denial by a judge for a search warrant issuance, what steps will be taken by the officer?

1. Not attempt to find another judge 2. Notify the supervisor and the DA representative who approved the warrant, both of which may review the option of finding another judge

Judges of which court do not have jurisdiction to authorize search warrants?

Family Court

What are the 7 parts of a telephonic search warrant?

1. Application & Affidavit 2. Duplicate Original Search Warrant 3. Recording of telephone conversation with the judge 4. Recording transcription 5. Search Warrant Return 6. Sealing Order (when applicable) 7. Turnover Order (when applicable)

When may a telephonic search warrant be requested?

Only under Exigent Circumstances as determined by the supervisor

When may an officer forego obtaining a telephonic search warrant for blood with PC to believe a subject was DUI and has refused consent for an evidentiary blood sample?

Exigency Circumstances such as when a subject needs emergency surgery and medical personnel may be introducing narcotics into the subject’s body

Who is exempt from the need to contact an authorized supervisor to review a search warrant application for a blood draw?

Traffic Officers

If a judge refuses to issue a search warrant for blood reference a DUI investigation, what 3 steps will the officer then take?

1. Not attempt to find another judge 2. Notify the reviewing supervisor 3. Update CAD with the denial

Once a warrant is approved for a blood draw, it must be witnessed by another Nevada peace officer with what exception?

It may be witnessed by medical personnel if done at a hospital or detention facility

What are the 5 parts of an electronic search warrant?

1. Application & Affidavit 2. PC statement describing location and items to be seized 3. Return of Service 4. Sealing Order (when applicable) 5. Turnover Order (when applicable)

In what 2 circumstances are IAP’s required in the preparation of serving search warrants?

1. Criminal Intel Service 2. SWAT Service

When officers assist an administrative agency in the service of an administrative warrant, what 9 things will a sergeant do?

1. Respond to the scene 2. Review the warrant ensuring a judge’s signature is affixed 3. Ensure the appropriate number of uniformed officers are present to clear the premises 4. Ensure a marked patrol unit is placed in plain sight of the target location 5. Ensure dispatch is aware that officers are entering 6. Ensure that officers announce their presence prior to entering the premises 7. Ensure control is turned over to administrative agency after securing the premises 8. Confer with the administrative agency personnel whether officers need to remain on scene 9. Ensure an officer receives a copy of the warrant, writes the LVMPD event number on the warrant and scans it into OnBase

Who reviews all proposed changes to the search and seizure procedure prior to implementation?

The Search & Seizure Committee

How often will the Search & Seizure Committee convene to discuss search and seizure policy and training?

Quarterly

Which unit is authorized to examine digital storage devices?

Digital Forensics Lab

Which 4 sections are authorized to purchase, maintain, and/or deploy GPS technology?

1. TASS 2. VIPER 3. Major Violators/Narcotics 4. Criminal Intel