5.100 Search and Seizure

Question 1

The Fourth amendment protects an expectation of privacy that must be both ___________ and __________.

Answer 1

Reasonable and Legitimate

Question 2

Hot pursuit: Subcategory of “exigent circumstances” allowing entry into a structure when there is probable cause to believe a dangerous person has committed a _________ _______. (ie: Suspect is fleeing from law enforcement and the officer has direct knowledge of the suspect’s location).

Answer 2

Serious felony

Question 3

Fresh Pursuit: Occurs when there is ________ ________ that a person, who is wanted for a serious felony, is inside a home or other private place and is about to ______.

Answer 3

Probable Cause, Flee

Question 4

Open View: What a person _______ _________ to the public is not protected by the Fourth Amendment no matter where the exposure takes place.

Answer 4

Knowingly exposes

Question 5

Plain View: An exception to the search warrant requirement that must satisfy these conditions: (1) the officer must be in a position in which he has _____ ______ to be (2) the items must be immediately ___________as contraband or evidence; and (3) the seizure must be made without _______ addition intrusion:

Answer 5

Legal right; recognizable; substantial

Question 6

Protective Sweep: A quick and __________ search of premises for the safety of officers and others. It must be narrowly confined to cursory visual inspection of places a ________might hide:

Answer 6

Limited, person

Question 7

Probable Cause to Search: A “______ _________” that the items sought to be seized will be contained in the premises sought to be searched.

Answer 7

Fair probability

Question 8

Vehicle Frisk: The frisk of a vehicle is based on __________ suspicion, OR articulable facts that a person may have ________ access to a dangerous weapon and threat to the safety of the officer:

Answer 8

Reasonable, immediate

Question 9

Search: A police intrusion on a reasonable and legitimate __________ of privacy.

Answer 9

Expectation

Question 10

A vehicle frisk must be confined to the areas of the vehicle where the person has access and includes any locked or unlocked compartments. True or false ?

Answer 10

False-only unlocked

Question 11

Prior to an officer making entry into a structure for a welfare check under the Community Care Taking Doctrine will (1) Ensure preliminary investigation has been conducted, (2) Determine the need for other resources, (3) Ensure medical has been requested, (4) Broadcast over the radio the intent to make entry, (5) Notify area ________before utilizing locksmith or their personal lock picking device:

Answer 11

A sergeant

Question 12

A vehicle may be searched incident to arrest. True or false ?

Answer 12

False

Question 13

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.

Answer 13

Personal property inventory

Question 14

If officers damage property, officers must complete an _______ _______ and _______ the damage:

Answer 14

Officers report, photograph

Question 15

Three levels of police interaction for the purpose of criminal investigation (fill in blank): a. ________ __________
b. Investigative detention, or _________Stop
c. Arrest for which the police officer must have ______ ________

Answer 15

Consensual encounter, Terry, Probable cause

Question 16

If during a traffic stop a driver becomes non-compliant when asked to provide identification and/or other requested documentation with no other actions, the driver will be considered an _________ subject. A supervisor WILL be notified and respond to determine how to proceed.

Answer 16

Obstructive

Question 17

Consent search must be _______ and _______ given.

Answer 17

Freely and voluntarily

Question 18

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

Answer 18

a. Open view
b. Abandoned property
c. Trash outside curtilage

Question 19

Warrantless entry into a residence is not permitted under the _______________. Instead, officers need to articulate the need for an ____________________.

Answer 19

Community Caretaking Doctrine; Emergency Aid Exception

Question 20

The officer’s intent and motivation reference the Community Caretaking Doctrine must be to ____________ or ________. (Fill in the blank)

Answer 20

Save life/render aid

Question 21

Recognized exception to a warrant requirement and allows officers to make a warrantless entry to summon emergency medical assistance or to protect an occupant from imminent bodily harm.

Answer 21

Emergency Aid Exception

Question 22

The area sergeant, when notified of an emergency entry into a residence, will:

Answer 22

a. Acknowledge the call over the radio and respond to the scene

b. Ensure the preliminary investigation has been conducted by the officer

c. Confirm exigent circumstances exist to justify the need for entry under the emergency aid exception

d. Determine if the use of a locksmith or the use of an officer’s personal lock-picking device is appropriate

e. Ensure additional units, resources, and medical assistance have been requested, if needed

Question 23

A Terry Stop, or investigative detention, is a seizure of no more than ______.

Answer 23

60 mins

Question 24

Investigative detentions allow an officer to stop a person to ascertain their:

Answer 24

a. Identity
b. Purpose

Question 25

The detention on a traffic stop (unless the officer develops reasonable suspicion or probable cause for an arrest, or the officer receives consent from the occupants), must remain:

Answer 25

Minimal

Question 26

Officers may seize persons, residences/structures, vehicles, and property as part of their routine duties. Officers can seize residences/structures with which of the following legal justifications:

Answer 26

a. Premises freeze b. Search warrant

Question 27

A pat down (frisk of a person) is limited to the recovery of weapons that may pose a risk to officer safety. It may be conducted by any officer who has ________________ to believe that the person who has been detained, pursuant to an investigative detention, may be armed and dangerous.

Answer 27

Reasonable suspicion

Question 28

Field strip searches of prisoners will be conducted only in the rarest of circumstances where the life of officers or others may be placed at risk and only with the explicit approval of a ___________ and only in the presence of a _________:

Answer 28

Lieutenant, Supervisor

Question 29

Where reasonable suspicion exists to conduct a strip search, the arresting officer will request the search by contacting a ________ _______ and clearly articulating the basis for suspicion:

Answer 29

Corrections supervisor

Question 30

Evidentiary Blood Draw: If the need for a blood sample to be obtained for evidentiary purposes, an officer must first request _______ of the subject to do so.

Answer 30

Consent

Question 31

It is the policy of the Department that subjects ________ consent to a body cavity search:

Answer 31

Cannot

Question 32

Pursuant to a lawful stop, vehicles may be searched under the following circumstances:

Answer 32

a. P/C Evidence is Contained in Vehicle i. Search pursuant to a search warrant ii. Vehicle is readily mobile iii. Consent search b. No P/C Evidence is Contained in Vehicle i. Protective frisk for officer safety ii. Inventory iii. Consent search iv. VIN inspection

Question 33

Consent to search may be revoked at _____ _____ by the consenting party.

Answer 33

Any time

Question 34

Officers ________ search a vehicle Incident to Arrest:

Answer 34

Will not

Question 35

Absent exigent circumstances or consent, officers are required to obtain a _____ ______ to enter a structure owned by a third-party for the purpose of serving an arrest warrant or to make a probable cause arrest (the Steagald rule).

Answer 35

Search warrant

Question 36

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 36

Arrest warrant; search warrant

Question 37

Three ways consent can be obtained:

Answer 37

a. Electronically recorded b. Written c. Verbal

Question 38

Three method for obtaining a search warrant:

Answer 38

a. Written b. Telephonic c. Electronic

Question 39

If an officer determines the need for a search warrant, the officer will confer with a ________ to determine if a search warrant is the appropriate course of action:

Answer 39

a. Supervisor

Question 40

LVMPD may assist an administrative agency (CPS, Animal Control, etc) in its service of an administrative search warrant under certain circumstances. Patrol sergeant will:

Answer 40

a. Respond to the scene of all requests for assistance in serving an administrative warrant. b. Review the content of the administrative warrant, ensuring a judge’s signature is affixed. c. Based on the size and design of the structure, ensure the appropriate number of uniformed officers are present to clear the premises. d. Ensure a marked police unit is placed in plain sight of the target location. e. 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). f. Before entering the premises, ensure Dispatch is aware officers are entering (Code Red is not required). g. 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. h. Ensure an officer receives a copy of the warrant, write the LVMPD event number on the warrant, and scan the warrant into OnBase.