Levels Of Suspicion Required Flashcards
Level of Suspicion required to:
Approach a person in “public location” to ask some questions
Zero
Level of Suspicion required to:
Detain (seize) a person to conduct a brief investigative inquiry
RS of criminal activity
Level of Suspicion required to:
Arrest a person for any federal offense committed in your presence
PC crime committed
Level of Suspicion required to:
Arrest a person for a federal felony committed outside of your presence
PC crime committed
Level of Suspicion required to:
Search a person and his immediate vicinity incident to arresting him
Zero (looking for weapons, means of escape, and evidence)
Level of Suspicion required to:
“Strip search” a person incident to arresting him
RS of weapons or evidence hidden underneath clothing
Level of Suspicion required to:
Seize a conveyance used to smuggle a controlled substance, aliens, or merchandise with a view towards forfeiture
PC of smuggling violation using conveyance
Level of Suspicion required to:
Establish the FEB inbound or outbound
RC Border nexus
RC no material change
First/last practical detention
Level of Suspicion required to:
Establish the extended border
RC Border Nexus
RC no material change
RS of criminal activity
Level of Suspicion required to:
Conduct a non-destructive search of an object at the border
Zero
Level of Suspicion required to:
Conduct a destructive search of an object at the border
RS of hidden merchandise
Level of Suspicion required to:
“Pat down” search of a person with border nexus
Zero
Level of Suspicion required to:
“Partial body” search a person with border nexus
RS of hiding contraband/evidence
Level of Suspicion required to:
Examine hard copy or electronic information as part of a border search
Zero
Level of Suspicion required to:
Permanently seize hard copy or electronic information not related to an immigration issue
PC
Level of Suspicion required to:
without consent or a warrant, follow a person into a REP-protected area to arrest him
PC individual entered REP
Remember must be pursuing a felon
Level of Suspicion required to:
Seize an object under the “plain view” exception
PC object is contraband/evidence
Level of Suspicion required to:
Conduct an inventory search
Zero (remember search is not designed for evidence gathering)
Also, object must have been lawfully seized for an inventory search to be lawful
Level of Suspicion required to:
Protective sweep of an REP-protected location where an agent is lawfully present
RS of hidden threat
Note: can only search human sized locations
Level of Suspicion required to:
Enter a REP-protected location to seize evidence without a warrant
PC evidence will be destroyed while waiting for warrant (“Now or never”)
Level of Suspicion required to:
Frisk a person during a lawful seizure
RS individual is armed AND dangerous
Level of Suspicion required to:
Conduct a readily mobile conveyance search
PC evidence is present
Level of Suspicion required to:
Conduct a frisk of a conveyance
RS of a weapon that they can access
Level of Suspicion required to:
Order vehicle occupants to exit a vehicle during a lawful stop
Zero (they are already seized, so courts ruled it doesn’t matter if they are in or out of the car)
Note: stop must be lawful
