5.100 Search and Seizure Flashcards
The Fourth Amendment protects an expectation of privacy that must be both:
Reasonable, AND Lgitimate
A non-criminal encounter with a citizen or vehicle that is intended for law
enforcement to investigate a serious medical concern or other life safety
issues (i.e., Legal 2000).
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 (person must be within a reasonable distance in order to revoke consent)
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.
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 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
Per policy, the Community Care Taking Doctrine is limited to what two police functions?
- Welfare checks on individuals who are outside the residence
- Certain traffic stops (I.e. vehicle stop is being conducted because there is a medial need).
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 be notified and 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.
A “Written” search warrant includes the following five documents
- Search Warrant Application and Affidavit
- The Search Warrant (Signed by a Judge)
- Search Warrant Return of Service
- Sealing Order (when applicable)
- A Turn Over Order (when applicable)
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,
- Ensure the investigating officer has de-conflicted the investigation by notifying RISSafe.
- Ensure the officer has established a probable cause nexus between the place to be searched and the items sought to be seized.
- Ensure the officer corroborated information received from informants, identifying their reliability, source of knowledge and motivation.
- Verify all information contained in the application to include the Incident Action Plan, if applicable.
- Verify that all other “officer responsibilities” have been completed.
- After review, authorize the affidavit to contact the District Attorney’s office for review and approval.
Are Family Court judges authorized to sign search warrants?
NO
A telephonic search warrant consist of the following parts:
- Search warrant application and affidavit
- Duplicate original search warrant
- Recording of telephonic conversation with the judge
- Recording transcription
- Search warrant return
- Sealing order (if applicable)
- Turn over order (if applicable)
If a judge denies a search warrant, what are the responsibilities of the officer/detective?
- Will NOT attempt to find another judge (i.e. judge shopping)
- 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.
An electronic search warrant consists of the following five parts:
- Search warrant application and affidavit
- Electronic search warrant
- Search warrant return of service
- Sealing order (if applicable)
- Turn over order (if applicable)
What are the two classifications of search warrants?
- Non-SWAT
2. SWAT
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?
- Premise Freezes (not a preplanned investigative technique)
- Impounded vehicle (tow yard or facility)
- Vehicle in police custody pending issuance of a search warrant (roadside)
- Electronic data storage (computers, cell phone, skimmers, internet based storage, etc.)
- Impounded locked boxes, file cabinets and safes
- Safe deposit boxes
- Documents and/or parcels held by professional third-parties
- Buccal swabs
- Blood draw
- Body cavity search
- Unoccupied storage facility
- Any non-residential structure reasonably believed to be unoccupied (i.e shed)
How many days do officers have to serve a search warrant after it is signed by a judge?
10 Days
Which two ranking supervisors must approve a No-knock search warrant prior to seeking a judge’s approval?
SWAT Bureau commander and
Deputy Chief of the Homeland Security and Special Operations Division (or designees of equal rank)
When an administrative agency (i.e. Animal Control, Constable, CPS, etc.) requests assistance with serving an administrative search warrant, the Patrol Sergeant will:
- Respond to the scene of all requests for assistance in serving an administrative warrant.
- Review the contents of the warrant, ensuring a judge’s signature is affixed.
- Ensure the appropriate number of officers are present.
- Ensure a marked a patrol unit is placed in view of the structure.
- Prior to entering the structure, officers should announce and give the occupants time to exit.
- Prior to entering the structure, ensure dispatch is aware officers are entering.
- After clearing the structure, ensure control is turned over to the administrative agency.
- Ensure an officer receives a copy of the warrant to turn in to be scanned into Onbase.
For search warrants served by SWAT, who must approve nighttime service (7 pm to 7 am)?
The SWAT Tactical Commander
After a search warrant has been served, a copy of which documents will be left at the property.
- The application and affidavit of the search warrant
- The search warrant signed by the judge
- The search warrant return
If a sealing order was approved, a copy of that order will replace the application and affidavit.
Which section conducts forensic examinations of all digital storage devices (i.e. computers, cell phones, digital video recorders, etc.)?
The Digital Forensics Lab
Which sections are authorized to purchase, maintain and/or deploy GPS technology?
- Technical and Surveillance Squad (TASS) 2. Vehicle Investigation for Enforcement and Recovery (VIPER)
- Major Violators/Narcotics Crime Bureau (MVNCB)
- Criminal Intelligence Section (CIS)
In regards to Search and Seizure the department policy is to strictly adhere to which amendment?
It is the policy of this department to strictly adhere to the Constitution of the United States. The Fourth Amendment states:
The 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 and particularly describing the place to be searched and the persons or things to be seized.
The Fourth Amendment protects an expectation of privacy must be both: (1) reasonable and (2) legitimate.
The rules in this policy apply to all interactions between police and persons within the United States, regardless of citizenship status.
Prior to an officer making entry into a structure for a welfare check under the Emergency Aid Exception, the officer will:
Notify an area sergeant before utilizing the services of a locksmith or their personal lock picking device.
True or False?
True
Objective words or actions that clearly show a person has disclaimed
ownership, dominion, and control over real or personal property.
abandonment
These are “policy justified” searches that do not require reasonable
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.
administrative checkpoint
A warrant issued by a judge on the application of an administrative
agency. Administrative agencies with enforcement powers seek
administrative warrants to search for contraband or other evidence of non-
compliance with the law.
administrative search
warrant
A protocol requiring officers to announce their authority and purpose
before entering a premises, allowing a reasonable amount of time for occupants to comply. Officers may do this using a ruse, bullhorn, public
address (PA) system, etc.
announce and wait
The taking of a person into custody in a manner allowed by law. An arrest
may be made by a peace officer or by a private person (see NRS
171.104). It is a show of authority by an officer, in words or actions or both,
which would cause a reasonable person to think they were being deprived
of their liberty more than temporarily (i.e., more than an investigative
detention), and involves either:
1. Submission by the subject to the officer’s show of authority, or
2. An actual physical touching that places the subject under the control
of the officer.
arrest
Any search involving the internal physical examination of the body. The
search must be performed with a search warrant and by a physician or,
other medically trained personnel. NRS 179.063 defines a body cavity
search as a touching or probing of the rectum or vagina of a female
person, or the rectum of a male person, regardless of whether there is
actual penetration. LVMPD further defines a body cavity as any internal
organ.
body cavity search
A completely voluntary police interaction with members of the public,
requiring no legal justification for the interaction, where a reasonable
person would feel free to disregard the police and go about their business.
consensual encounter
Entry by invitation by a person with standing.
consensual entry
Agreement, approval, or permission to act. A person giving consent must
do so freely and voluntarily. A person consenting must: (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.
consent
Area(s) near a residence where the residents have a reasonable
expectation of privacy. Considerations in determining whether an area is
curtilage and subject to the protections of the Fourth Amendment are: (1)
proximity of the area to the home; (2) whether the area is included in an
enclosure which surrounds a home; (3) nature of uses to which an area is
put; (4) steps taken to protect the area from observation from passers-by.
The legal protection associated with curtilage is always determined in
favor of the property owner, not law enforcement.
curtilage
Refers to the service of a search warrant where officers enter premises
with speed and versatility, employing surprise tactics and elements to
ensure safety and effectiveness.
dynamic search warrant
service
A 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
A time-critical exception to the search warrant requirement for the purpose
of acting on an investigative emergency, based on probable cause for a
criminal investigation. Police cannot create the exigent circumstance or
use a ruse to affect a warrantless search.
exigent circumstance
Entry into a structure or vehicle that requires a tool or use of force to gain
entry and may cause damage to the structure or vehicle. A “tool” includes
a ram, Halligan tool, etc.
forced entry
An authorized search of a location where the potential for danger to law enforcement personnel or occupants is elevated due to the presence of an armed and/or violent occupant(s), volatile circumstances, and/or criminal activities that pose a threat to public safety. Elements to consider include unknown or violent criminal history associated with person(s) present, premises is fortified, suicidal occupant(s), seriousness of the crime being investigated, and other factors that may indicate an increased risk of danger.
high-risk search warrant
Reasonable suspicion stop, also known as a “Terry stop,” is a seizure of
a person for no more than 60 minutes, with the limited scope and purpose
of conducting an investigation and for which a police officer must have
reasonable suspicion that a person is committing, has committed, or is
about to commit a crime
investigative detention
A warrantless search that requires probable cause 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 probable cause 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
Any vehicle operating or capable of operating on public streets or
highways, including automobiles, trucks, trailers, recreational vehicles,
mobile homes, motor homes, motorcycles, and any other type of vehicle
whether self-propelled or towed.
motor vehicle
A search warrant that authorizes a peace officer to enter a premises
without first: (1) knocking on the door or ringing the doorbell and
identifying the presence of the peace officer; or (2) identifying the
presence of the peace officer and stating the intended purpose of the
peace officer for entering the premises.
no-knock search warrant
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. (Not to be confused with plain view.)
open view
An open hand contact of a subject’s outer clothing to detect weapons on
a person or contained within items “immediately associated with a person”
(e.g., purse, backpack, etc.). It is based on reasonable suspicion or articulable facts that the person may be armed with a
dangerous weapon and is a threat to the safety of the officer.
pat down
A search conducted of items that are transported to a detention facility as
personal property. An inventory is not a search for evidence of a crime but
is justified to protect an owner’s property while it is in custody of the police
to ensure against claims of lost or stolen property, and to protect the police
and the community from danger. Inventories must be done to
standardized criteria which limits officer discretion and ensures that it is
not a guise for a general exploratory search.
personal property inventory
If during a pat down the officer feels an item that is not suspected to be a
weapon but is immediately apparent without manipulation from the mass
and shape that the item is probably contraband, the officer can legally
seize the item.
plain feel
An exception to the search warrant requirement that must satisfy these
conditions: (1) the officer must be in a position where there is 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. (Not to be confused with open view.)
plain view
Entry into premises, with probable cause but without a search warrant, for
the purpose of clearing persons and securing the premises in anticipation
of obtaining a search warrant. No search or seizure of items will occur
prior to the search warrant being issued. This tactic will not be used as a planned investigative technique.
premises freeze
Exists when the facts and circumstances known to an officer would
warrant a prudent person in believing that a crime had been committed
and that the accused had committed it.
probable cause to arrest
A “fair probability” that the items sought to be seized will be contained in the premises sought to be searched.
probable cause to search
A quick and limited search of premises for the safety of officers and others.
It must be narrowly confined to a cursory visual inspection of those places
in which a person might be hiding.
protective sweep
Specific and articulable facts or circumstances that would lead a
reasonable person to believe a crime has been, is being, or is about to be
committed.
reasonable suspicion
A police intrusion on a reasonable and legitimate expectation of privacy.
See the definition for trespass by government agents.
search
A complete search of the arrestee. The search of the arrestee must be
conducted at the time of arrest or immediately thereafter when the officer
deems it safe to do so. The search should be more thorough than a pat
down and will consist of removing all items from the arrestee’s pockets,
shoes, socks, etc.
search incident to arrest of
a person
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.
seizure
Authority, apparent authority, dominion, control and access to the place
or items searched.
standing
A search of an individual requiring the removal of clothing to permit the
visual inspection of private areas of the body.
strip search
A search by a government agent, without justification, that constitutes an
unreasonable intrusion into an area protected by the Fourth Amendment
including a person’s residence, curtilage, vehicle, papers, or effects.
trespass by government
agents
No person is reasonably believed to be present when officers enter the
structure. The affiant will be prepared to articulate what investigative
means were utilized to determine the structure was reasonably believed
to be unoccupied.
unoccupied structure
The frisk of a vehicle is based on reasonable suspicion or articulable facts that a person may have immediate access to a dangerous weapon and is
a threat to the safety of the officer. The frisk must be confined to the areas
of the vehicle where the person has access, and the officer may only enter
unlocked compartments or areas where a weapon may be present.
vehicle frisk
An examination of all or a portion of a vehicle with either an investigatory
motive (e.g., for the purpose of discovering fruits, instrumentalities,
evidence of a crime, contraband, or to enter the vehicle to examine the
vehicle identification number [VIN] or determine ownership of the vehicle)
or without an investigatory motive as in inventories of personal property
conducted in conjunction with an impoundment of the vehicle.
vehicle search
An exception related to non-investigations where the 4th amendment doesn’t apply
Is:
Special needs
Administrative searches (I.e search of weapons at airports, in secured areas)
During community caretaking doctrine the officer’s intent and motivation must be to_________, and __________.
Save life, render aid
Warrantless entry into a residence is not permitted under the
Community Caretaking Doctrine
The department will limit interactions under the Community Caretaking Doctrine to welfare checks on individuals who are
outside of a residence and during certain traffic stops (e.g., vehicle stop is being conducted because there is a medical need).
Community Caretaking Doctrine, 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
If officers damage property during these welfare checks what will be completed
Officer’s Report will be completed, and photographs will be taken of the damage.
Event details must be updated in CAD for all warrantless entries made under the Community Caretaking Doctrine
Emeregency Aid Excetion,
Officers must consider the totality of circumstances and be able to articulate an objectively reasonable basis for believing there is an
immediate need for medical assistance or for protection from imminent bodily harm.
Emergency Aid Exception,
Prior to making an entry into a residence, officers will:
- Ensure a preliminary investigation has been conducted.
- Determine the need for other resources (i.e., additional officers and use of a catchpole and/or
animal control for potential vicious animals). - If needed, ensure medical assistance has been requested and staged.
- Broadcast over the radio the intent to make entry into a residence.
- Notify an area sergeant before utilizing the services of a locksmith or a personal lock-picking device.
Emergency Aid Exception,
When notified, 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 exigent circumstances exist to justify the need for entry under the emergency aid exception.
- Determine if the use of a locksmith or the use of an officer’s personal lock-picking device is appropriate.
- Ensure additional units, resources, and medical assistance have been requested if needed.
Types of Seizures,
Person
a. Investigative detention (60-Minute Rule)
b. Vehicle stop (driver and passengers)
c. Arrest
d. Legal 2000
Types of Seizures,
Residence/structure
a. Premises freeze
b. Search warrant
Types of Seizures,
vehicles
a. Vehicle stop
b. Impound
c. Search warrant
Types of Seizures,
Property
a. Plain view
b. Abandoned
c. Premises freeze (electronic storage devices)
d. Search warrant
e. Safekeeping (protecting an item from theft or to determine ownership)
Types of Seizures,
Safetkeeping of firearm
a. The right to bear arms is protected by the United States Constitution. The determination to impound a firearm for safekeeping should be for life safety or to determine ownership (e.g., found firearm). The determination to impound a firearm for safekeeping will be documented and articulated in the narrative portion of the Property Report
b. When a firearm is taken for safekeeping, it could take in excess of 30 days to be returned.
Vehicle search,
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 officers to search the vehicle. The search may include all locked or unlocked containers located inside the vehicle where the item may be found.
Structure / Residence
Exigent circumstances - This exception to the warrant requirement involves balancing several factors. It is a time-critical exception to the search warrant requirement that requires probable cause to justify a warrantless entry 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 probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended.
P/C EVIDENCE IS CONTAINED IN VEHICLE:
Search pursuant to a search warrant
Vehicle is readily mobile
Consent search
NO P/C EVIDENCE IS CONTAINED IN VEHICLE
Protective frisk for officer safety
Inventory
Consent search
VIN inspection
All searches without a warrant are illegal per se unless there is a valid _____________________
Fourth Amendment exception.
The rules in this policy (5.100 search and seizure) apply to all police interactions with anyone in the United States, regardless of:
citizenship status
A court reviewing an officer’s level of contact is
objective
two types of traffic offenses
primary and secondary
Subjects cannot be stripped searched for
Individuals arrested for traffic violations and other minor offenses of a non violent nature will not be subject to strip searches
all SW must be placed where
Onbase or maintained withn a section/detail case file
