Search and Seizure

Question 1

What is the community care taking doctrine?

Answer 1

Exception to the 4th amendment based on the public’s expectation law enforcement take action to save live and render aid

Question 2

What is a community care taking search?

Answer 2

Non-criminal encounter where law enforcement investigates a serious medical concern or life safety issues (legal 2000)

Question 3

What are the 4 considerations officers should take into account when determining curtilage?

Answer 3

1. Proximity of area to home
2. Is area included in an enclosure which surrounds home
3. Use of area
4. Any steps taken to protect area

Question 4

What is the emergency aid exception?

Answer 4

Warrantless entry into a home when an emergency exists and there is need to render air or protect individual from immediate harm

Question 5

What is fresh pursuit?

Answer 5

PC a person wanted for serious felony is inside a home or other private place AND is about to flee

Question 6

What is hot pursuit?

Answer 6

Exigent circumstances to enter a structure when a person fleeing from the police, they have direct knowledge of the suspect location, and has committed a serious felony

Question 7

What is open view?

Answer 7

What a person knowingly exposes to the public is not protected under the 4th amendment no matter where the exposure takes place.

Question 8

What is plain view?

Answer 8

Exception to search warrant;
1. Officer has legal right to be there
2. Items must be immediately recognized as contraband
3. Seizure must be made without intrusion

Question 9

What will be done to document the damage cause by officers on a welfare check?

Answer 9

1. Officers Report
2. Photographs
3. Update CAD with details of warrantless entry

Question 10

What are the levels of contact and justification needed for them?

Answer 10

Consensual encounter - No justification

Investigative Detention/Terry Stop - -RS

Arrest - PC

Question 11

During an investigative detention what does it allow the officer to ascertain?

Answer 11

1. Identity
2. Purpose

Question 12

When conducting a traffic stop and the driver refuses to ID themselves what level of force are you in and what should the officer do?

Answer 12

Obstructive and notify supervisor

Question 13

When are officers allowed to seize a person?

Answer 13

1. Investigative Detention
2. Vehicle Stop
3. Arrest
4. Legal 2000

Question 14

When are officers allowed to impound firearms for safekeeping?

Answer 14

1. Life safety
2. Determine ownership

Question 15

When are field strip searches done and who must approve them?

Answer 15

Only in rarest of circumstances where life of officers or others may be at risk. Approval from Lt. and supervisor must be present

Question 16

When there is PC a vehicle contains evidence when are officers allowed to search the vehicle?

Answer 16

1. Search Warrant
2. Readily mobile
3. Consent

Question 17

When can officers search a vehicle when there is no PC?

Answer 17

1. Frisk
2. Inventory
3. Consent
4. VIN inspection

Question 18

Can officers participate in Administrative search warrants from other jurisdictions?

Answer 18

Yes, only to clear building and if must adhere to policy (cant go if SWAT would serve). Officers will NOT search for evidence