Part 2 - Search Procedures

Question 1

THE FLORIDA STOP AND FRISK LAW:

The temporary detention may not extend beyond the immediate area where it was first affected.

If there is ____ to believe that the subject is armed with a dangerous weapon, the subject may be searched only to the extent necessary to disclose, and only for the purpose of disclosing, such weapon.

Answer 1

probable cause

Question 2

Stop and Detention:

The decision to stop and temporarily detain a person may be based on reasonable suspicion, which is something less than probable cause.

The Florida Stop and Frisk Law does not allow an officer to detain and frisk a person suspected of violating _______ statutes or ordinances.

Answer 2

non-criminal

Question 3

Stop and Detention:

The Stop and Frisk Law also applies to persons in______.

• The subject may be required to exit the vehicle prior to questioning.
• Search of locked or inaccessible areas of the automobile is not permitted under the Stop and Frisk Law.

Answer 3

automobiles

Question 4

Stop and Detention:

The subject may not be transported from the immediate area of the stop unless there are **compelling __________, the subject consents, or the subject is arrested. **

Answer 4

safety concerns

Question 5

Frisk:

The Stop and Frisk Law was enacted for officer safety, which should be the primary concern in such a situation.

The decision to frisk is based on ____ that the subject is armed with a dangerous weapon.

Answer 5

probable cause

Question 6

SEARCH WITHOUT WARRANT INCIDENT TO ARREST:

Except for a search of the area around the subject’s immediate presence as described above, other areas including rooms, closets, drawers, files, suitcases, boxes, and cabinets may not be searched for evidence.

A garage, an outlying structure, or the subject’s vehicle ___________ entered.

Answer 6

may not be

Question 7

Arrest of an Occupant of a Motor Vehicle:

If an officer arrests an occupant of a vehicle, and the arrestee is handcuffed, secured in the back of a patrol car and under the supervision of an officer, the protection of officers and preservation of evidence no longer exist; therefore, a search of the vehicle incident to the arrest _____ be justified.

Answer 7

cannot

Question 8

SEARCH OF A MOTOR VEHICLE WITHOUT WARRANT:

A vehicle may be searched in its entirety without a warrant if the search is based on ____ that the vehicle contains the items sought.

Answer 8

probable cause

Question 9

CONSENT TO SEARCH:

Circumstances: A search of a premise for a person or property may be conducted pursuant to consent without a warrant and without probable cause to obtain a warrant.

When a verbal consent to search is obtained, it is required that **at least ____ witness be present. **

Answer 9

one

Question 10

Except for ____ investigations, a supervisor (sergeant or higher) shall respond if the object of the consent to search is an **immobile structure, unless exigent circumstances exist. **

Answer 10

homicide

Question 11

SEARCH WARRANTS AND RELATED DOCUMENTS:

Approval from an appropriate supervisor (lieutenant or higher) must be obtained prior to the presentation of a search warrant to the _______.

Answer 11

Assistant State Attorney

Question 12

SEARCH WARRANTS AND RELATED DOCUMENTS:

Only priority cases (i.e., homicide, drug trafficking, ______, sexual battery, and other violent crimes) will be presented to a judge **between 11:00 p.m. and 7:00 a.m. **

Answer 12

firearm charges

Question 13

Affidavit Search Warrant:

• Hearsay information is allowed in the _______.
• Mere commission of the crime is not probable cause to convince the court that a search warrant should be issued.

Answer 13

affidavit

Question 14

Search Warrant (Annex C):

• The Search Warrant is the actual document that delegates the authority to search and _____.

Answer 14

seize

Question 15

Return and Inventory

The Return and Inventory form is completed by the officer and must be returned to the Clerk of the Court, along with the warrant and affidavit, within ___ days of the issuance of the warrant.

Answer 15

ten

Question 16

Obtaining Search Warrant:

Review: The Affidavit for Search Warrant and the Search Warrant forms shall be reviewed for accuracy by a command level officer _______or higher.

Answer 16

lieutenant

Question 17

Search Warrant Checklist:

A command level officer from the _____ investigative element will be responsible for review of all search warrant preparations and executions, and **is the final approving authority for the Search Warrant Checklist. **

Answer 17

originating

Question 18

Drive-by:

The drive-by will be conducted during _____ whenever possible. If the Special Response Team **(SRT) is to be utilized, the SRT commander and team leader will participate in the drive-by. **

Answer 18

daylight hours

Question 19

Search Warrant Difficulties:

In the event that any problem is encountered with the execution of the search warrant, the _________ will be promptly notified, and may respond to the scene to ensure appropriate action is taken.

Answer 19

Staff Duty Officer

Question 20

Presentation:

If the judge determines that there is insufficient cause to issue the warrant, the concerned officer will attempt to resolve the difference.

Contacting another judge for approval is unacceptable, and may result in the loss of essential evidence by a motion to _________.

Answer 20

suppress

Question 21

Search Warrant and Affidavit Distribution:

• The search warrant will be prepared in an original and __ copies. The affidavit will be prepared in an original and one copy.
• The originals will be returned to the clerk of the issuing court after service.
• One signed copy of the search warrant will be **left at the scene of the service. **

Answer 21

two

Question 22

Execution of Search Warrant:

Promptness: A search warrant will be executed as soon as practicable within the ten-day ______.

Answer 22

life span

Question 23

Execution of Search Warrant:

Special Response Team (SRT): SRT should be used in the execution of all search warrants unless otherwise determined by the _______ or higher of the element controlling the investigation.

It shall be the responsibility of the SRT commander, with the assistance of the lead investigator, to coordinate the execution of the search warrant.

Answer 23

lieutenant

Question 24

Supervisory Presence:

Lieutenants or higher are required to be present during the execution of a search warrant except for searches of vehicles or structures that are part of a ______ investigation crime scene.

Answer 24

homicide

Question 25

Conclusion:

• The search must be _____ when the items on the search warrant that are listed to be seized have been located.
• The lead investigator’s immediate supervisor is responsible for ensuring that all departmental equipment is accounted for and that the scene of the search is secured.

Answer 25

concluded