Search And Seizure Flashcards
What is a search?
A search is an examination of a person, place or thing with a view toward discovery of evidence of a crime or criminal intent.
(e.g., stolen goods, burglary tools, weapons). SF personnel conduct searches of persons, places or things within legal limitations.
What do you need for most searches?
Most searches require probable cause (reasonable belief) or consent to be valid. There are unique situations where SF do not need probable cause such as when entering certain controlled or restricted areas.
What is search incident to apprehension?
Under the Fourth Amendment, LE may search, incident to the arrest, the area within an arrestee’s immediate control for weapons or destructible evidence.
What is a stop and frisk?
SF may stop another person temporarily when the SF member has information or observes unusual conduct that leads them reasonably to conclude, in light of their experience, that that criminal activity has been, is being, or may be committed by a suspect.
How can you get consent to search?
Consent to search should be in writing, but may also be verbal. Use AF Form 1364 as soon as possible if verbal.
When could you search without authorization or a warrant?
Exigent Circumstances.
Upon probable cause, SF may search without a search authorization or warrant when it would result in the removal, destruction or concealment of the property or evidence sought.
What form should be used for Exigent Circumstances?
AF Form 3545A, incident report or report of investigation. SF must detail circumstances surrounding the exigent circumstances in AFJIS also.
What is seizure?
A seizure is the taking by authorities of items that are believed to be evidence of a crime.
What is the plain view doctrine?
SF may seize objects which are in plain view if they have probable cause to believe the item is contraband or evidence of a crime.
