Authority to Search

Question 1

Protects people against unreasonable searches and seizures and foundation fo rules we have to follow

Answer 1

4th Amendment

Question 2

Quest for evidence

Answer 2

Search

Question 3

Take possession of some items of evidence in connection with investigation of criminal activity.

Answer 3

Seizure

Question 4

Any search must be conducted in places where the object can actually be hidden.

Answer 4

Reasonable Search

Question 5

Must have knowledge sufficient to induce an ordinarily prudent and cautious person under circumstances to believe criminal activity is at hand.

Answer 5

Reasonable Suspicion

Question 6

Limited to three things - person, place to be searched, and item(s) to be seized.

Answer 6

Scope of search

Question 7

Rule based on 4th Amendment. “Fruit of poisonous tree”

Answer 7

Exclusionary Rule

Question 8

Which type of search is this?

• MRE 315
• CO grants authority in advance, either verbally or written.
• OPNAV 5580/10 = Affidavit for search and seizure
• OPNAV 5580/9 = Search warrant, issued by CO
• CO can also give verbal permission

Answer 8

Command Authorized

Question 9

Which type of search is this?

• MRE 314
• Must still have reasonable suspicion
• Person granting authority must have control over place or property to be searched.
• Consent must be voluntary and may be withdrawn at any time.
• Documented on OPNAV 5580/16
• Section 5 signed by witness; Section 4 signed by person permitting search.

Answer 9

Consent Search (Permissive Search)

Question 10

Which type of search is this?

• MRE 314
• Search of suspect and immediate area
• Conducted for weapons or easily destroyable evidence
• Search attack area spaces as precaution
• In vehicle, any area suspect can reasonably gain access

Answer 10

Search Incident to Apprehension

Question 11

Which type of search is this?

• Constitutionality
• Terry stop (reasonable suspicion)
• Time limit

Answer 11

Frisk Incident to a Lawful Stop

Question 12

Lawfully on premises and evidence is in plain view, it may seized.

Answer 12

Plain View Rule

Question 13

What type of search is this?

• permitted under circumstances demanding some immediate action to prevent removal or disposal of property believed, or reasonable grounds to be evidence of a crime.
• probable cause must still exist.

Answer 13

Exigency Search

Question 14

What type of search is this?
- conducted in good faith to render: medical aid, obtain medical info, to assist/aide, and/or prevent immediate or ongoing personal injury.

Answer 14

Emergency Search

Question 15

What type of search is this?

• Reasonable exam may be made of the general area for persons who present a danger to those conducting an apprehension of others in the area.
• only if the apprehending official has reasonable suspicion.

Answer 15

Protective Sweep

Question 16

Off-Base Search Authority?

Answer 16

Can accompany, but not participate.

Question 17

Admin Inspection of Personnel & Vehicles

Answer 17

• All personnel/vehicles on Navy installations are subject.
• Directed by CO
• Coordinated in advance by CO and legal.
• Those that refuse to be inspected may not enter.
• NCIS, upon presentation of badge and/or credentials, in course of official business are exempt.

Question 18

OPNAV 5580/16

Answer 18

Permissive Authorization for Search and Seizure

Question 19

OPNAV 5580/10

Answer 19

Affidavit for Search & Seizure

Question 20

OPNAV 5580/9

Answer 20

Search Warrant, issued by CO