GO 100.91 - SEARCH & SEIZURE

Question 1

What amendment protects against unlawful search and seizure? 

Answer 1

4th Amendment

Question 2

A search occurs when an ___________ is infringed.

Answer 2

A reasonable expectation of privacy

Question 3

A seizure of a person occurs when a peace officer ________________ or when a person voluntarily ___________ to a peace officer’s authority.

Answer 3

Physically applies force

Submits

Question 4

CHP’s code of ethics is our ___________ values

Answer 4

Organizational Values (FREE)

Question 5

In order for a consent search to be lawful, the following requirements must be met:

1. Consent must be granted ___________
2. The person granting consent must have __________ over the items
3. The scope of search must be _________ by the officer
4. The person granting consent has the right and ability to __________ consent at any time.

Answer 5

1. Freely and voluntarily
2. Standing
3. Defined
4. Withdraw

Question 6

All personnel are required to review search and seizure policy how often?

Answer 6

Quarterly

Question 7

Consent searches are documented on a _________

Answer 7

CHP 202D

Question 8

A CHP 202D shall be completed by the uniformed employee for all consent searches and signed by the individual granting consent when?

Answer 8

PRIOR TO the search

Question 9

Consent searches, resulting in the discovery of contraband, evidence, or suspects shall be thoroughly documented on a

Answer 9

CHP 216 or 202

Question 10

A ______ form shall be completed for ALL requests for investigatory consent searches, whether or not a search was conducted

Answer 10

CHP 202D

Question 11

Do you have to complete a CHP202D if the search is conducted incidental to a lawful arrest?

Answer 11

No - not required

Question 12

415 entry for a search conducted on a person on parole, searchable probation or post-release community supervision (PRCS) shall include with this in activity section: (4 things)

Answer 12

1. Subject name
2. DL or ID #
3. Parole, probation or PRCS
4. Log #

Question 13

For each consent search requested (multiple locations), does a separate CHP 202D need to be completed?

Answer 13

Yes! Separate forms

Question 14

When consent search is requested from a person and it’s denied, does a CHP 202D need to be completed?

Answer 14

Yes! Write in “Consent Denied”

Question 15

CHP 202D’s kept for ___ years

Answer 15

3 years

Question 16

When consent is initially given, and then subsequently withdrawn, the search shall _____________

Answer 16

Immediately be stopped (unless you have PC developed or contraband found)

Circumstances about consent being withdrawn shall be documented on a 556 (supplemental) and attached to the 202D

Question 17

When a PROBABLE CAUSE (PC) search is conducted and NO contraband is located, does a CHP 216 need to be completed?

Answer 17

Yes, complete a CHP 216

Question 18

Forms needed:

If signed consent is obtained and contraband is NOT located

Answer 18

CHP 202D

Question 19

Forms needed:

If a consent search results in an arrest, how do you document this?

Answer 19

On a CHP 202D and 216

Question 20

Forms needed :

PC search is conducted

Answer 20

CHP 216 shall be completed

Question 21

What shall be completed when consent is requested and denied?

Answer 21

CHP 202D