RI Law Enforcement Official Manual; Search and Seizure

Question 1

4th Amendment states;

Answer 1

The right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizures, shall not be violated, and no warrant shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. (RI Constitution offers same protection….State v. Davis 1969).

Question 2

The basic rule for the 4th Amendment is 3 factors;

Answer 2

1) Is it a state action. 2) Is the place searched protected under the 4th amendment. 3) Is it an “Unreasonable search or seizure?”.

Question 3

A “State action” in regards to rules of a search warrant, is?

Answer 3

If it is a police search, or directed/indirectly encouraged by the police, or participated in the search.

Question 4

“Protected area” in regards to the rules of a search warrant, protects “persons, houses, papers and effects”, what is an example of not protected?

Answer 4

Open fields. (Defined: “unoccupied or undeveloped” area outside the home, or outside the immediately adjacent to the home (the curtilage) and is not an office or commercial structure.

Question 5

What is the 4 part test, to determine if the area is outside the curtilage of a home?

Answer 5

1) The proximity of the area to the cartilage of the home. 2) whether the area is include within the enclosure surrounding the home. 3) the nature of the uses in which the area is put, and 4) steps taken by the resident to protect the area from observations of people passing by.

Question 6

In definition if a search is unreasonable; a search occurs when?

Answer 6

a reasonable expectation of privacy is infringed.

Question 7

A seizure of property occurs when…;

Answer 7

there is some meaningful interference with an individuals possessory interests in that property.

Question 8

Examples of not having “reasonable expectation” of privacy” 4th amendment protection is;

Answer 8

1) Abandoned property. 2) trash left outside the cartilage. 3) Public permitted area (sidewalks, pathways, common entrances.

Question 9

Do photographs to preserve records, or flashlights to aid vision infringe upon privacy?

Answer 9

No it does not.

Question 10

Warrants issued can search and seize any type of what property?

Answer 10

1)Fruits of a crime. 2) Contraband. 3) Instruments of a crime. 4) Samples of blood/tissues etc that may lead to ID of perpetrator of a crime, 5) Samples of blood/breath that yields evidence in a dui, 6) other evidence (bloody clothing, ripped shirt etc).

Question 11

What are “Fruits of a crime”?

Answer 11

Property stolen, embezzled or obtained by fraud.

Question 12

What are “Contraband”

Answer 12

Property kept, concealed or possessed in violation of the law or kept for the purpose of violating the law (Gambling paraphernalia, narcotics, fraudulent credit cards, etc).

Question 13

What are “Instruments of a crime”

Answer 13

Property intended to use or has been used in commission of the crime (burg tools, weapons, etc.)

Question 14

Items seized under a valid search warrant must be within the scope of the search. What is a reasonable scope of a search?

Answer 14

To search only the area described in the warrant. (Ie warrant says search of a basement, you can’t search the entire house just the basement.) Also scope means what described as being searched and where to search. So you can’t look for a TV in a draw where a tv could not be concealed.

Question 15

After an officer completed the search and seizure the items listed in the warrant, they are required to;

Answer 15

make an inventory of all property seized in the presence of both the officer who applied for the warrant and the owner/custodian of the property. If neither is present, the inventory must be made in the presence of at least 1 other credible person.

Question 16

What is considered a reasonable search without a warrant?

Answer 16

Abandoned property, Searching public areas, seizing evidence in plain view, Incident to arrest, Search and Seizure of movable vehicles, Exigent Circumstances, Stop & Frisk situations, Consents to a search.

Question 17

A consent to search must be;

Answer 17

Knowing and voluntary. And the person must have the authority to consent to that search.

Question 18

Can you ask a person stopped, solely for a traffic offense, for consent to search their vehicle?

Answer 18

No, for solely a MV traffic offense stop, you can not ask for consent to search, you must have also reasonable suspicion of criminal activity.

Question 19

What is the difference between searching a house or car that allows LEO more latitude in searching a car?

Answer 19

That a vehicle is movable and is capable of ready movement.

Question 20

Searching a vehicle without a warrant; “Incident to arrest”, in Arizona V. Gant LEO may search a vehicle incident to arrest only when;

Answer 20

the arrestee is unsecured within reaching distance of the passenger’s compartment at the time of the search. Additionally a veh may be searched incident to arrest when its reasonable to believe other evidence relevant to the crime for which the person is arrested might be found in the car.

Question 21

Vehicle Searches: Inventory search is;

Answer 21

a valid exception to the search warrant requirement. Officers when impounding veh for non-investigatory reason (blocking roadway, abandoned, improperly parked), may inventory the contents in order to safe guard them for safekeeping and storage by the police. If criminal evidence is found in plain view or smell it is valid to be seized.

Question 22

What is Probable Cause?

Answer 22

exists where the facts and circumstances within the officers knowledge and of which they have reasonably trustworthy information are sufficient to warrant a person of reasonable caution in the belief that an offense has been or is being committed.