Search and seizure Flashcards
An exception to the fourth amendments warrant requirement based on the public’s expectation that law enforcement may take action to save life or render aid.
Community Care Taking Doctrine
A Non Criminal encounter with a citizen or vehicle that is intended for law enforcement to investigate a serious medical concern or other life safety issues.
Community Care Taking Search
Areas near a residence where the residents have a reasonable expectation of privacy. Considerations in Determining whether an area is Curtilage and subject to the protections of the fourth amendement are :
1. Proximity of the area to the home
2. Whether the area is included in an enclosure which surrounds a home
3. Nature of uses t which an area is put
4. Steps taken to protect the area from observation of passers by.
The legal protection associated with curtilage is always determined in favor of the property owner, not law Enforcement .
Curtilage
The fourth Amendment protects an expectation of privacy that must be both _______ and _____
Reasonable, legitimate
A warrantless entry into a home when an emergency exists and there is a need to render aid or to protect an individual from immediate harm from themselves or others
Emergency Aid Exception
A time critical exception to the search warrant requirement for the purpose of acting on an investigative emergency, based on probable cause for a criminal investigation. Police cannot create the exigent circumstance or use a ruse to affect a warrantless search.
Exigency
What a person knowingly exposes to the public is not protected by the fourth amendment no matter where the exposure takes place. It does not justify a warrantless seizure
Open View
An open hand contact of a subjects outer clothing to detect weapons on a person or contained within items “immediately associated with the person” (eg. purse, backpack, etc). The pat down is based on reasonable suspicion or articulable facts that the person may be armed with dangerous weapon and is a threat tot he safety of the Officer.
Pat Down
If during a pat down the officer feels an item that is not suspected to be a weapon but is immediately apparent without manipulation from the mass and shape that the item is probably contraband, the officer can legally seize the item.
Plain Feel
An exception to the search warrant requirement that must satisfy these conditions:
1. The officer must be in a position where there is a legal right to be, 2. The items must be immediately recognizable as contraband or evidence; and 3 the seizure must be made without substantial additional intrusion.
Plain view
Warrantless entry to a residence is not permitted under the _______ _______ _______
Community Caretaking Doctrine
The department will limit interactions under the ________ _______ _______ to welfare checks on individuals who are outside of a residence and during certain traffic stops (e.g , vehicle stop is being conducted because there is a medical need).
Community Caretaking Doctrine
Exceptions related to criminal investigations where the Fourth Amendment does not apply are:
Open View
Person has no standing to assert a legal right
Trash Searches outside Curtilage
Detection Facilites
Abandoned Property
Searches by Private Citizen not acting as an agent of the government
Community Caretaking Doctrine:
The officers intent and motivation must be to ______ ______ or ______ _____
Save Life or Render Aid
Three levels of police interaction
Consensual
Investigative Detention
Arrest
Investigative Detentions, aso known as reasonable suspicion stops, or Terry Stops, allow an officer to stop a person to ascertain their:
Identity
Purpose
All Strip Searches will be conducted by officers of the ________ _______ as the subject
Same Gender
Field strip searches pf prisoners will be conducted only in the re\arest of circumstances where the life of officers or others may be placed at risk and only with the ________ __________ of a lieutenant and only in the presence of __ __________
Explicit approval, a supervisor
Pursuant to a Lawful stop, vehicles may be searched under the following circumstances :
PC evidence contained in vehicle
Search Pursuant to a Search Warrant
Vehicle is readily Mobile
Consent Search
Pursuant to a lawful stop, vehicles may be searched under the following circumstances:
No PC evidence is contained in vehicle
Protective Frisk for officer safety
Inventory
Consent Search
VIN inspection
If no officers report or DOAR is generated, the officer will document the consent given for the search in ______ prior to clearing the call.
CAD
Consent must be documented in one of the following forms: 1. ________ ________, 2_________, 3______
Consent may be revoked at any time by the consenting party (an officer must be within a reasonable distance so consent may be verbally revoked). If anyone who is present, and has _______, objects to a search, a search warrant must be obtained.
Electronically Recorded, written, verbal, standing
If a vehicle is ______ _______ and _____ ______ exists to believe it contains contraband or evidence, the Fourth Amendment permits officers to search the vehicle. The search may include all locked or unlocked containers inside the vehicle where the item may be found.
Readily mobile, probable cause
