5.100 SEARCH AND SEIZURE

Question 1

The rules in this policy(search and seizure) apply to all police interactions with anyone in the United States, __________ __ ___________ ______.

Answer 1

regardless of citizenship status.

Question 2

Searches without a warrant are ________, per se; however, given the criminal and non-criminal investigative missions of a police officer, there are exceptions to the application of the Fourth Amendment.

Answer 2

unlawful

Question 3

An exception related to non-criminal investigations where the Fourth Amendment does not apply is _______ _____ / ______________ ________ for weapons at airports, in secured areas.

Answer 3

special needs/administrative searches

Question 4

Exceptions related to criminal investigations where the Fourth Amendment does not apply are:(6)

Answer 4

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

Question 5

Warrantless entry into a residence is not permitted under the Community Caretaking Doctrine. Instead, officers need to articulate the need for an _________ ___ _________.

Answer 5

emergency aid exception.

Question 6

Courts recognize “check the welfare” situations as a distinct non-criminal investigative function of law enforcement. LVMPD values the sanctity of life and expects its officers to conduct thorough welfare checks to determine if there is a need for life-saving assistance. These interactions are justified under the _________ __________ ________ and are totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute.

Answer 6

Community Caretaking Doctrine

Question 7

The department will limit interactions under the Community Caretaking Doctrine to _______ ______ on individuals who are outside of a residence and during certain traffic stops.

Answer 7

welfare checks

Question 8

If officers damage property during these welfare checks, then an Officer’s Report will be completed, and photographs will be taken of the damage. Event details must be updated in the computer-aided dispatch (CAD) system for all __________ _______ made under the Community Caretaking Doctrine.

Answer 8

warrantless entries

Question 9

The emergency aid exception is a recognized exception to a warrant requirement and allows officers to make a warrantless entry to ______ _________ _______ __________ or to protect an occupant from ________ ______ ____.

Answer 9

summon emergency medical assistance OR
imminent bodily harm

Question 10

Officers must consider the totality of circumstances and be able to articulate an _________ __________ basis for believing there is an immediate need for medical assistance or for protection from imminent bodily harm. The scope and manner of entry must be reasonably adapted to meet those needs.

Answer 10

objectively reasonable

Question 11

If officers determine that exigent circumstances no longer exist to remain inside a residence under the emergency aid exception, then they must exit unless proper _______ is received. However, if officers develop probable cause to arrest an occupant before exigency no longer exists, then __ _____ can be made before vacating the residence.

Answer 11

consent
an arrest

Question 12

Prior to making an entry into a residence, officers will:(5)

Answer 12

1. Ensure a preliminary investigation has been conducted.
2. Determine the need for other resources (i.e., additional officers and use of a catchpole and/or animal control for potential vicious animals).
3. If needed, ensure medical assistance has been requested and staged.
4. Broadcast over the radio the intent to make entry into a residence.
5. Notify an area sergeant before utilizing the services of a locksmith or a personal lock-picking device.

Question 13

When notified that officers are gonna make entry into a residence during an emergency aid exception, the area sergeant will:(5)

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 exigent circumstances exist to justify the need for entry under the emergency aid exception.
4. Determine if the use of a locksmith or the use of an officer’s personal lock-picking device is appropriate.
5. Ensure additional units, resources, and medical assistance have been requested if needed.

Question 14

If officers damage property as a result of their method of entry, then an _________ ______ will be completed, and ___________ will be taken of the damage. Officers making a warrantless entry under the emergency aid exception will update details of the event in the CAD.

Answer 14

Officer’s Report
photographs

Question 15

There are three levels of police interaction for the purpose of criminal investigation:

Answer 15

1. consensual encounter
2. the investigative detention
3. arrest

Question 16

List the levels of justification for each level of contact:

Answer 16

1. consensual encounter = NO JUSTIFICATION
2. the investigative detention = REASONABLE SUSPICION
3. arrest = PROBABLE CAUSE

Question 17

A court reviewing an officer’s level of contact is objective. The intentions of the officer are not relevant; however, the _______ of the _______ is what will be evaluated.

Answer 17

action(s) of the officer

Question 18

Consensual encounters require:(4)

Answer 18

1. No legal justification.
2. A person must feel free to leave at any time, and an officer must honor the person’s right not to stop or engage in conversation.
3. A person’s freedom of movement cannot be impeded in any way by the officer’s actions.
4. A person who has engaged in a consensual encounter may revoke consent at any time.

Question 19

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

Answer 19

1. Identity
2. Purpose

Question 20

Officers can seize with the following legal justifications:
PERSONS(4)

Answer 20

a. Investigative detention (60-Minute Rule)
b. Vehicle stop (driver and passengers)
c. Arrest
d. Legal 2000

Question 21

Officers can seize with the following legal justifications:
RESIDENCES / STRUCTURES

Answer 21

1. Premises freeze
2. Search Warrant

Question 22

Officers can seize with the following legal justifications:
VEHICLES(3)

Answer 22

1. Vehicle stop
2. Impound
3. Search warrant

Question 23

Officers can seize with the following legal justifications:
PROPERTY(5)

Answer 23

1. Plain view
2. Abandoned
3. Premises freeze (electronic storage devices)
4. Search warrant
5. Safekeeping (protecting from theft or to determine ownership)

Question 24

Warrantless Searches of Persons (List the types)

Answer 24

1. Consent Search
2. Pat Down
3. Search incident to arrest
4. Personal property inventory search during arrest

Question 25

Field strip searches of prisoners will be conducted only in the rarest of circumstances where;

Answer 25

the life of officers or others may be placed at risk

Question 26

Field strip searches of prisoners will be conducted only with the explicit approval of a __________ and only in the presence of a __________.

Answer 26

lieutenant
supervisor

Question 27

It is the policy of this department that the collection of blood samples may be obtained either with consent or with a search warrant. If the need arises for a blood sample to be obtained for evidentiary purposes, an officer must first _______ _______ of the subject to do so.

Answer 27

request consent

Question 28

The preferred method to collect evidence for a DUI (alcohol) offense.

Answer 28

A voluntary breath sample (unless blood is required by NRS)

Question 29

If a subject refuses to give consent for an evidentiary blood draw, the officer will:(3)

Answer 29

1. make no further attempts to gain consent and obtain a warrant
2. When a search warrant has been obtained, take the subject to the medical intake area of the detention facility for the collection of the blood sample.
3. Inform the subject that a search warrant has been requested and authorized by a judge to obtain a blood sample.

Question 30

If the subject refuses to comply with the search warrant for an evidentiary blood sample and physically resists, the officer will:(2)

Answer 30

1. make a reasonable number of attempts to obtain the subject’s voluntary compliance
2. If the subject refuses to comply, inform the corrections supervisor and a sample will be obtained using reasonable force procedures.

Question 31

Motor Vehicle Searches
Pursuant to a lawful stop, vehicles may be searched under the following circumstances:(7)

Answer 31

1. Searches with a warrant
2. Consent searches (document the consent)
3. Probable cause vehicle search
4. Frisk of vehicle for weapons
5. VIN search
6. Inventories
7. Vehicle holds
   (vehicle search incident to arrest not allowed)

Question 32

Consent must be documented in one of the following forms:

Answer 32

(1) electronically recorded
(2) written, or
(3) verbal.

Question 33

When documenting consent to search and if no Officer’s Report or DOAR is generated, the officer will document the consent given for the search in ___ prior to clearing the call.

Answer 33

CAD

Question 34

It is the policy of this department that subjects _______ consent to a body cavity search.

Answer 34

cannot

Question 35

Any body cavity search or physical examination of an orifice of the human body or organ, such as the stomach cavity, will be performed by a…

Answer 35

physician or other medically trained personnel.

Question 36

A type of search of a vehicle permitted by the Fourth Amendment when the vehicle is readily mobile and probable cause exists to believe it contains contraband or evidence. The search may include all locked or unlocked containers located inside the vehicle where the item may be found. Name this type of vehicle search.

Answer 36

Probable Cause Vehicle Search

Question 37

A search conducted by an officer prior to allowing persons to re-enter a vehicle on a traffic or vehicle stop. The officer must be able to articulate reasonable suspicion that a weapon is contained inside the vehicle. The search must be confined to the area of the vehicle where any person may have immediate access. The officer may only search unlocked compartments or areas where a weapon may be present. Name this type of vehicle search

Answer 37

Frisk of a vehicle for weapons

Question 38

When a vehicle is lawfully stopped, an officer may enter the vehicle to look for and examine the VIN if the VIN in the front window is __________.

Answer 38

obscured

Question 39

When possible, officers will open a locked container, trunk, or glove compartment with a key rather than by force. Locked containers may only be forced open with the consent of the owner or if the officer has a reasonable and articulable belief that it may contain weapons, explosives, hazardous materials, or contraband. Regardless of whether evidence is located within, the reasonable and articulable belief to open a locked container without consent must be documented either in …

Answer 39

1. P1 (no arrest/no evidence located) AND/OR
2. DOAR or Officer’s Report (evidence found resulting in arrest)

Question 40

During a inventory of a vehicle entry into a locked container cannot be made, a notation on the _______ _______ ______ will be made as to the container that could not be inventoried.

Answer 40

Vehicle Impound Report (LVMPD 503)

Question 41

If a locked container is damaged in the process of opening, it will be documented in ___ or in an Officer’s Report.

Answer 41

CAD

Question 42

Holds on impounded vehicles to obtain search warrants must be approved by the appropriate ______________ _____.

Answer 42

investigative unit

Question 43

Absent exigent circumstances or consent, officers are required to have either an ______ _______ or a ______ _______ to enter a structure for the purpose of making a probable cause arrest (the Payton Rule).

Answer 43

arrest warrant
search warrant

Question 44

Absent exigent circumstances or consent, officers that want to enter a structure owned by a third party for the purpose of serving an arrest warrant or to make a probable cause arrest must;
(the Steagald Rule)

Answer 44

obtain a search warrant.

Question 45

The warrant to enter a structure owned by a third party for the purpose of serving an arrest warrant or to make a probable cause arrest must contain:(2)
(the Steagald Rule)

Answer 45

(1) that officers have probable cause to believe the suspect is located within the structure; AND
(2) why it is reasonable to make entry into the structure instead of waiting for the suspect to exit

Question 46

A type of search, conducted by an officer who is legally present in a structure, when there is reasonable suspicion to believe there is a threat to safety from a person in the structure. The search is only for persons. Items of an evidentiary nature inadvertently discovered during this search may be potentially seized under plain view; however, officers are strongly encouraged to obtain a search warrant.

Answer 46

Protective sweep

Question 47

Exigent Circumstances can be used to articulate the time-critical exception to the search warrant requirement that requires probable cause to justify a warrantless entry to:(2)

Answer 47

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.

Question 48

An officer who is legally present in a structure may conduct a limited protective search for weapons in the subject’s area of immediate access. This is known as

Answer 48

Frisk for weapons

Question 49

There are three methods for obtaining a search warrant:

Answer 49

written, telephonic, and electronic.

Question 50

A written search warrant consists of the following parts:(5)

Answer 50

1. Application and affidavit
2. Search Warrant
3. The Return

When Applicable:
4. Sealing Order
5. Turnover Order

Question 51

When obtaining a written search warrant, a Supervisor (or designee of equal rank) will:(6)

Answer 51

1. Ensure officer has deconflicted
2. Read affidavit for probable cause nexus
3. Ensure informant information has been corroborated, and reliability, source and motivation have been identified.
4. Review case file and IAP to verify all information in affidavit.
5. Verify all officer responsibilities have been completed.
6. Authorize affiant to contact DA representative for approval.

Question 52

If the determination is made to obtain a written search warrant, the affiant will:(7(7))

Answer 52

1. Deconflict the investigation
2. Draft application and affidavit w/probable cause nexus
3. Corroborate information from informants, their reliability, source of knowledge, and motivation.
4. Verify address of location w/detailed description.
5. Corroborate and verify all info in affidavit
6. Include all applicable officer safety info
   -names of who’s inside,
   -propensity for violence,
   -threats of violence,
   -is location fortified,
   -if likely evidence will be destroyed,
   -justification for nighttime/sealing order turnover order,
   -any exculpatory evidence
7. Have affidavit reviewed by second officer and superivsor

Question 53

Administrative Search Warrants
Patrol Sergeant will:

Answer 53

1. Respond to the scene of all requests for assistance in serving an administrative warrant.
2. Review the content of the administrative warrant, ensuring a judge’s signature is affixed.
3. Based on the size and design of the structure, ensure the appropriate number of uniformed officers are present to clear the premises.
4. Ensure a marked police unit is placed in plain sight of the target location.
5. Prior to entering the premises, officers should announce their presence, the existence of a warrant to enter, and give occupants a reasonable amount of time to exit (consider utilizing the PA system, if applicable).
6. Before entering the premises, ensure Dispatch is aware officers are entering (Code Red is not required).
7. After securing the premises, ensure control is turned over to the administrative agency. The sergeant and administrative agency personnel will confer to determine if LVMPD officers need to remain on the scene.
8. Ensure an officer receives a copy of the warrant, write the LVMPD event number on the warrant, and scan the warrant into OnBase.