Policy 5/200.00 Searches & 5/200.01 Search & Seizure

Question 1

It is the policy of the department to strictly adhere to the Constitution of the United States, specifically the Fourth Amendment, which states:

Answer 1

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but on probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

Question 2

The Fourth Amendment protects an expectation of privacy that must be both:

Answer 2

Reasonable and Legitimate.

Question 3

The rules in this policy apply to all interactions between police and persons within the United States, regardless of citizenship status. True or False?

Answer 3

True.

Question 4

Fourth Amendment DOES NOT apply to the following:

Answer 4

1. “Open View.”
2. Person has no reasonable expectation of privacy (“standing”).
3. Trash searches outside the curtilage.
4. Detention Facilities.
5. Abandoned property.
6. Search by a private citizen not acting as an agent of the government.
7. Searches at airports in secured areas for weapons (“special needs searches”).

Question 5

Search Warrant Exceptions.

All searches without a warrant are per se illegal unless there is a valid Fourth Amendment exception. Therefore, it is the policy of the department that officers shall obtain search warrants unless one of the common exceptions applies:

Answer 5

1. Search of a person incident to a lawful arrest.
2. Inventory.
3. Consent.
4. Plain View.
5. Exigent circumstances to include hot pursuit.
6. Vehicle search warrant exceptions.

Question 6

Exigent Circumstance:

This exception to the warrant requirement involves balancing a number of factors.

It is a time critical exception to the search warrant requirement that requires probable cause to justify a warrantless entry to:

Answer 6

1. Prevent the destruction of evidence of a serious felony offense.
2. Effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended.
3. Preserve life or render aid.

NOTE: Police CANNOT create the exigent circumstance or use a ruse to affect a warrantless search.

Question 7

Consent:

Agreement, approval, or permission to act. A person giving consent must:

Answer 7

1. Be informed (tell the subject what is being search for).
2. Not be coerced.
3. Have actual authority or apparent authority (“standing”).
4. Have the ability to revoke consent.

NOTE: If anyone who has standing objects to a search, a search warrant MUST BE obtained.

Question 8

Hot Pursuit defined:

Answer 8

A sub-category of “exigent circumstances” where a dangerous or felony suspect is fleeing from law-enforcement and an officer has direct knowledge of the suspects location which would justify an exigent circumstances entry for apprehension.

Question 9

Investigative Detention defined:

Answer 9

Also known as a “Terry Stop” is a seizure of a person for no more than 60 minutes, with the limited scope and purpose of conducting an investigation and for which a police officer must have reasonable suspicion that a person is committing, has committed or is about to commit a crime.

Question 10

Open View defined:

Answer 10

The Fourth Amendment does not protect what a person knowingly exposes to the public regardless of where that exposure takes place. However, while the observation of something that is in “Open View” does not amount to a search, a warrantless seizure is not justified absent a specific exception to the warrant requirement.

“Open View” and “Plain View” are not the same.

Question 11

Plain View:

“Plain View” Is an exception to the general search warrant requirement. For a Plain View seizure to be reasonable, the officer must satisfy three requirements:

Answer 11

1. The officer must be in a position in which he has a legal right to be.
2. The items incriminating character must be immediately apparent.
3. The officer must have a lawful right of access to the object itself without substantial additional intrusion.

“Plain View” and “Open View” are not the same.

Question 12

What are the three levels of police interaction?

Answer 12

1. “Consensual Encounter”, which is completely voluntary and for which a police officer needs no justification.
2. “Investigative Detention” or “Terry Stop”, which is a seizure of no more than 60 minutes, with limited scope and purpose for conducting an investigation and for which a police officer must have reasonable suspicion that a person is committing, has committed or is about to commit a crime.
3. “Arrest”, for which a police officer must have probable cause.

Question 13

A consensual encounter requires no legal justification and does not justify a “pat down” or search without further consent. A consensual encounter may become an investigative detention if an officer can articulate facts demonstrating reasonable suspicion that a person is committing, has committed or is about to commit a crime. An investigative detention itself does not justify a pat down. True or False?

Answer 13

True.

Question 14

Pat Down defined:

Answer 14

A Frisk or Pat Down is limited to the recovery of weapons which may pose a risk to officer safety. It may be conducted by an officer who has reasonable suspicion to believe that the person he has detained pursuant to a Terry Stop may be armed and dangerous. If the pat down discloses the presence of a weapon, the weapon shall be seized. If the pat down discloses an item that is immediately identifiable as probable contraband, the item may be seized.

Question 15

Whenever practical, a Pat Down and/or Search should be conducted by who?

Answer 15

By officers of the same gender as the subject.

Question 16

Search Incident to Arrest of a person defined:

Answer 16

A Search Incident to Arrest requires a lawful custodial arrest and must be conducted at the time of the arrest. The search includes the person and items immediately associated with the person. Search Incident to Arrest does not apply to persons receiving citations unless the person is being cited for a Class II citation or Citizen’s Arrest (in-custody).

Question 17

ALL strip searches will be conducted by officers of the same gender as the subject. True or false?

Answer 17

True.

Question 18

Field Strip Searches of prisoners shall 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?

Answer 18

A field Lieutenant and ONLY in the presence of a supervisor.

Question 19

Field Strip Searches of Confidential Informants will be conducted in the presence of two officers before and after the operation. True or false?

Answer 19

True.

Question 20

Detention Strip Searches:

Where Reasonable Suspicion exists to conduct a strip search, the arresting officer will request the search by contacting a Corrections Supervisor and clearly defining the basis for his suspicion.

Individuals arrested for traffic violations and other minor offenses of a nonviolent nature shall not be subject to strip searches unless the arresting officer has reasonable suspicion to believe that the individuals concealing contraband or weapons.

Following a strip search, the arresting officer will include the following details in the Arrest Report:

Answer 20

1. Justification for requesting the search.
2. Date and place of the search.
3. Identity of the officer conducting the search.
4. Identity of the individual search.
5. Those present during the search.
6. A detailed description of the nature and extent of the search.
7. Any weapons, evidence or contraband found during the search.

Question 21

Body Cavity Search:

It is the policy of the department that a Body Cavity Search will not be conducted based on consent. A search warrant shall be obtained to conduct a body cavity search. The decision to seek a search warrant shall recognize that a body cavity search is highly invasive of personal privacy and is reasonable only where the suspected offense is of a serious nature and/or possess a threat to the safety of officers or others, and/or the security of detention operations.

What is the only exception to the search warrant requirement for a body cavity search?

Answer 21

A consensual Buccal Swab.

Question 22

Body Cavity Searches:

When a search warrant is obtained, the suspect will be transported by the arresting officer to UMC where the search can be performed by a physician or other medically trained personnel.

The medical personnel conducting the search will be requested to submit a report to the department describing the details of the search and outlining the findings.

If such a report cannot be obtained from the physician or other person conducting the search, the officer will:

Answer 22

Ensure any information made available is included in an Officer’s Report.

Question 23

Consent to Search:

If during a consent to search no officers report or arrest report is generated, the officer shall:

Answer 23

Document the consent given for the search in CAD prior to clearing the call.