Search And Seizure Flashcards
1
Q
What is the policy statement regarding the Fourth Amendment?
A
The policy of this department is to strictly adhere to the Constitution of the United States, which protects against unreasonable searches and seizures.
2
Q
What does the Fourth Amendment protect?
A
It protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
3
Q
What is the 60-Minute Rule?
A
An investigative detention based on reasonable suspicion is strictly limited to 60 minutes. Any detention beyond this is a de facto arrest requiring probable cause.
4
Q
What is an administrative checkpoint?
A
These are ‘policy justified’ searches that do not require reasonable suspicion or probable cause, but must be brief and slight.
5
Q
What is an administrative search warrant?
A
A warrant issued by a judge on the application of an administrative agency to search for contraband or evidence of non-compliance with the law.
6
Q
What is the ‘announce and wait’ protocol?
A
A protocol requiring officers to announce their authority and purpose before entering a premises, allowing time for occupants to comply.
7
Q
What constitutes an arrest?
A
The taking of a person into custody in a manner allowed by law, which may involve submission to authority or physical touching.
8
Q
What is a blood draw?
A
The collection of a blood sample to determine the presence of drugs or alcohol, which may be obtained with consent or a search warrant.
9
Q
What is a body cavity search?
A
Any search involving the internal physical examination of the body, requiring a search warrant and performed by a physician or medically trained personnel.
10
Q
What is the community caretaking doctrine?
A
An exception to the Fourth Amendment’s warrant requirement based on the public’s expectation that law enforcement may take action to save life or render aid.
11
Q
What is a consensual encounter?
A
A completely voluntary police interaction with members of the public, requiring no legal justification.
12
Q
What is curtilage?
A
Areas near a residence where residents have a reasonable expectation of privacy, determined by factors like proximity and nature of use.
13
Q
What is a dynamic search warrant service?
A
The service of a search warrant where officers enter premises with speed and versatility, employing surprise tactics.
14
Q
What is the exigent circumstance exception?
A
A time-critical exception to the search warrant requirement for acting on an investigative emergency based on probable cause.
15
Q
What is a no-knock search warrant?
A
A search warrant that allows a peace officer to enter premises without knocking or identifying themselves first.
16
Q
What is plain view?
A
An exception to the search warrant requirement where items must be immediately recognizable as contraband while the officer is in a legal position.
17
Q
What is probable cause to arrest?
A
Exists when facts known to an officer would lead a prudent person to believe a crime has been committed by the accused.
18
Q
What is a protective sweep?
A
A quick and limited search of premises for the safety of officers and others, confined to places where a person might be hiding.
19
Q
What is a search warrant?
A
An order directing officers to search particular places and/or seize persons or things, based on a written application and affidavit.
20
Q
What is a search incident to arrest?
A
A complete search of the arrestee conducted at the time of arrest or immediately thereafter, including removing all items from pockets, shoes, socks, etc.
21
Q
What is a search warrant?
A
An order directing officers to search particular places and/or seize persons or things, used in conjunction with a written application and affidavit.
22
Q
What is a search warrant application and affidavit?
A
A sworn statement presented to a judge supporting the issuance of a search warrant.
23
Q
What is a search warrant return of service?
A
An inventory of items seized pursuant to a search warrant, returned to the court within 10 calendar days of authorization.
24
Q
What is a search warrant return of service for DNA?
A
An inventory of a biological specimen containing DNA seized from a person, returned to the court within six months of authorization.
25
What is a seizure?
Police interference with an individual's freedom of movement or meaningful interference with possessory interests in property.
26
What does standing refer to in legal terms?
Authority, apparent authority, dominion, control, and access to the place or items searched.
27
What is a strip search?
A search requiring the removal of clothing for visual inspection of private areas of the body.
28
What is a telephonic search warrant?
A search warrant supported by a verbal statement via telephone, given under oath.
29
What is trespass by government agents?
A search by a government agent without justification, constituting an unreasonable intrusion protected by the Fourth Amendment.
30
What is a turnover order?
An order obtained with a search warrant authorizing the transfer of seized property to another jurisdiction.
31
What defines an unoccupied structure?
A structure where no person is reasonably believed to be present when officers enter.
32
What is a vehicle frisk?
A frisk of a vehicle based on reasonable suspicion that a person may have access to a dangerous weapon.
33
What is a vehicle search?
An examination of a vehicle for investigatory purposes or without an investigatory motive during impoundment.
34
What are the exceptions to warrantless searches?
Includes open view, no standing, trash searches outside curtilage, abandoned property, and searches by private citizens.
35
What is the Community Caretaking Doctrine?
Warrantless entry into a residence is not permitted; officers must articulate the need for an emergency aid exception.
36
What is the Emergency Aid Exception?
Allows officers to make a warrantless entry to summon emergency medical assistance or protect an occupant from imminent harm.
37
What are the three levels of police interaction for criminal investigation?
1. Consensual encounter (no justification) 2. Investigative detention/Terry stop (reasonable suspicion) 3. Arrest (probable cause).
38
What is a consensual encounter?
A voluntary interaction where a person feels free to leave and does not need to engage with the officer.
39
What is an investigative detention?
A seizure of no more than 60 minutes based on reasonable suspicion that a person is involved in criminal activity.
40
What are the types of traffic offenses?
Primary offenses require probable cause for a traffic stop, while secondary offenses do not justify a stop.
41
What are the types of seizures officers can make?
Officers may seize persons, residences/structures, vehicles, and property based on legal justifications.
42
What is the right to bear arms in relation to safekeeping firearms?
The determination to impound a firearm for safekeeping should be for life safety or to determine ownership.
43
What is a consent search?
A search where officers ask for permission, which must be freely and voluntarily given, and can be revoked at any time.
## Footnote
The person must know what is being searched for.
44
What is the purpose of a pat down?
To recover weapons that may pose a risk to officer safety during an investigative detention.
## Footnote
Conducted by an officer with reasonable suspicion that the person is armed and dangerous.
45
When can a search incident to arrest be conducted?
At the time of arrest or immediately thereafter when safe to do so.
## Footnote
It involves a thorough search of the arrestee's person.
46
What is a personal property inventory search?
A thorough search of personal property transported to a detention facility for safety.
## Footnote
Contraband is removed and documented on a Property Report.
47
What is a field strip search?
A rare search of prisoners conducted with explicit approval of a lieutenant and in the presence of a supervisor.
## Footnote
It is only performed when officer safety is at risk.
48
What is required for a detention strip search?
A visual body search for all persons placed into general population at the Clark County Detention Center.
## Footnote
It must be conducted professionally and in a private area.
49
What conditions warrant a reasonable suspicion strip search?
When an arresting officer articulates the basis for suspicion to a corrections supervisor.
## Footnote
Minor offenses do not warrant strip searches unless contraband is suspected.
50
What is the policy for evidentiary blood draws?
Blood samples may be obtained with consent or a search warrant.
## Footnote
A voluntary breath sample is preferred for DUI offenses.
51
What must be done if a subject refuses to give consent for a blood sample?
A search warrant must be obtained to collect the blood sample.
## Footnote
The subject must be informed that a warrant has been authorized.
52
What is the policy regarding body cavity searches?
They cannot be consented to and require a search warrant.
## Footnote
They must be performed by a physician or medically trained personnel.
53
Under what circumstances can a motor vehicle be searched?
When probable cause exists, or if a search warrant is obtained.
## Footnote
Consent searches can also justify vehicle searches.
54
What are the conditions for conducting a consent search?
Consent must be freely given and documented.
## Footnote
The search may not exceed the scope of the consent.
55
What is the purpose of an inventory search?
To protect the owner’s property while in police custody and prevent claims of lost property.
## Footnote
Must follow standardized criteria to limit officer discretion.
56
What is the Payton Rule?
Officers must have an arrest or search warrant to enter a structure for a probable cause arrest.
## Footnote
Exigent circumstances or consent can be exceptions.
57
What must be shown to obtain a search warrant for a third-party structure?
Probable cause that the suspect is located within and a reason to enter instead of waiting for the suspect to exit.
## Footnote
This is known as the Steagald Rule.
58
What is required for a vehicle search incident to arrest?
Officers will not search a vehicle incident to arrest.
## Footnote
This is a key guideline in vehicle search policies.
59
What is necessary for a frisk of a vehicle for weapons?
The officer must have reasonable suspicion that a weapon is contained inside the vehicle.
## Footnote
The frisk is limited to areas accessible to vehicle occupants.
60
What is the procedure for examining a vehicle's VIN?
An officer may enter a vehicle to look for the VIN if it is obscured.
## Footnote
The entry must be limited to necessary actions.
61
What must be documented if a locked container is forced open during a search?
The reason for the belief that it may contain contraband and the damage caused must be documented.
## Footnote
Documentation must be included in the Vehicle Impound Report.
62
What is required for vehicle holds to obtain search warrants?
Approval must be granted by the appropriate investigative unit.
## Footnote
This can be done via radio, telephone, or in person.
63
What are the forms in which consent for a search must be documented?
Consent must be documented in one of the following forms:
* Electronically recorded
* Written
* Verbal
## Footnote
Consent may be revoked at any time by the consenting party.
64
What must an electronically recorded consent include?
The recording must include the date, time, event number, name of person giving consent, the type of investigation, and a description of the location of the search
## Footnote
The recording must be preserved.
65
What is required for written consent to be valid?
Written consent must be documented on the Consent to Search (LVMPD 79 or 79a) and the original form will be scanned into OnBase
## Footnote
Both forms include a Spanish version on the back.
66
True or False: Verbal consent is preferable to written consent for a search.
False
## Footnote
Either electronically recorded or written consent is preferable.
67
What is a frisk for weapons?
A limited protective search for weapons in the subject’s area of immediate access conducted by an officer legally present in a structure.
68
What is a protective sweep?
A search conducted by an officer legally present in a structure if there is reasonable suspicion of a threat to safety from a person in the structure.
69
What must happen if exigent circumstances cease during a search?
The search must stop immediately.
70
What factors justify exigent circumstances for a warrantless entry?
Exigent circumstances must prevent:
* Destruction of evidence of a serious felony offense
* Warrantless arrest of a violent or dangerous suspect.
71
When can officers access and seize inmate property?
Officers may access and seize inmate property with probable cause at the Clark County Detention Center (CCDC)
## Footnote
Officers may choose to seek a search warrant depending on the circumstances.
72
What must be maintained when accessing inmate property?
Proper documentation must be maintained, including details such as who accessed the property, when, and what items were sought or seized.
73
What are the three methods for obtaining a search warrant?
The three methods are:
* Written Search Warrants
* Telephonic Search Warrants
* Electronic Search Warrants.
74
What are the components of a written search warrant?
A written search warrant consists of:
* Search warrant application and affidavit
* The search warrant
* Search warrant return of service
* Sealing order (if applicable)
* Turnover order (if applicable).
75
What information must be included in the search warrant application and affidavit?
It must include:
* Officer’s probable cause statement
* Description of the place to be searched
* Description of the items to be seized.
76
What must an officer do before seeking a search warrant?
Confer with a supervisor to determine if a search warrant is appropriate.
77
What is a telephonic search warrant?
A search warrant obtained via a telephone conversation with a judge, consisting of an application, affidavit, and recordings.
78
When should a telephonic search warrant be requested?
Only when exigent circumstances exist and as determined by the supervisor.
79
What is the purpose of a sealing order?
To protect the contents of an application and affidavit for a search warrant until a criminal complaint or indictment is filed.
80
What must be verified in the Telephonic Search Warrant Application and Affidavit?
The address of the place to be searched and the items to be seized must be properly detailed and corroborated.
81
What should officers do if a judge refuses to issue a search warrant?
Not attempt to find another judge and immediately notify the supervisor and a DA’s representative.
82
What must the investigating officer ensure when investigating a crime?
Contact the investigative section/detail associated with the crime to further de-conflict.
83
What should an officer verify in the application and affidavit for a search warrant?
Establishment of a probable cause nexus between the place to be searched and the items sought to be seized.
84
What is required when corroborating information from informants?
Identify their reliability, source of knowledge, and motivation.
85
What must be verified before submitting a Telephonic Search Warrant Application?
All supporting documentation in the case file and the IAP, if applicable.
86
What is the role of the DA’s Office in the search warrant process?
Review/approve the Telephonic Search Warrant Application and Affidavit.
87
In which cases is consulting the DA not required for a telephonic search warrant?
Homicide, FIT, Major Violators, and CNT.
88
What must the affiant do after the DA’s Office approves the search warrant?
Obtain the name and contact information of the on-call 'signing judge'.
89
What must be done during the conversation with the judge?
Request permission to audio-record the conversation and ask to be placed under oath.
90
What is the policy regarding family court judges and search warrants?
Family Court judges do not have jurisdiction to authorize search warrants.
91
What is required for obtaining a telephonic search warrant for an evidentiary blood sample?
Probable cause to believe a subject was under the influence while driving and has refused consent.
92
What exception allows for an evidentiary blood sample to be taken without a warrant?
When exigency exists, such as needing immediate surgery.
93
What must the officer articulate for a blood sample search warrant?
A probable cause nexus between the criminal offense and the subject.
94
List the information required in the application and affidavit for a search warrant.
* Name and title of the applicant
* Statement of probable cause
* Allegations of facts supporting probable cause
* Request for up to three blood samples
* Request for reasonable force if necessary
* Justification for nighttime service, if applicable
95
What must be included in the Duplicate Original Search Warrant?
* Officer’s probable cause statement
* Subject description
* Location of blood sample collection
* Number of blood samples sought
* Nighttime service request, if applicable
96
What is the officer's responsibility after the warrant is approved?
It must be served and witnessed in the presence of another Nevada peace officer.
97
What should be done at the conclusion of the evidentiary blood sample draw?
* Complete the Search Warrant Return and Property Report
* Request for forensic examination
* Leave a copy of the Duplicate Original Search Warrant
* Document where a copy was left
98
What should the affiant obtain if they are not the arresting officer?
A probable cause statement from the arresting officer.
99
What must the supervisor (or designee) review regarding the search warrant application?
Ensure it is supported with probable cause for an evidentiary blood sample.
100
What actions should be taken if the judge refuses to issue the search warrant?
* Not attempt to find another judge
* Notify the reviewing supervisor and update CAD
101
What are the main components of an electronic search warrant?
1. Search warrant application and affidavit
2. The electronic search warrant
3. Search warrant return of service
4. Sealing order (when applicable)
5. Turnover order (when applicable)
102
What must the search warrant application and affidavit include?
1. Officer’s probable cause statement
2. Description of the place to be searched
3. Description of items to be seized
4. Affiant’s identity and experience
5. Alleged crime and nexus between items and crime
6. Probable cause statement
103
What is a sealing order?
A court order issued to protect the contents of a search warrant application and affidavit until a criminal complaint is filed or a court orders them unsealed.
104
What is a turnover order?
A court order authorizing officers from other jurisdictions to take custody of property seized.
105
What steps should an officer take to obtain an electronic search warrant?
1. Confer with a supervisor
2. Notify RISSafe for de-confliction
3. Draft the application and affidavit
4. Corroborate informant information
5. Verify address and details of the place to be searched
6. Include relevant factors in the application
106
What factors should be included in the application for a search warrant?
1. Names of expected occupants
2. Previous arrests for violence
3. Exculpatory evidence
4. Threats of violence
5. Fortifications at the location
6. Likelihood of evidence destruction
7. Justification for SWAT use
107
True or False: Family Court judges have jurisdiction to authorize search warrants.
False
108
How long does the affiant have to return the search warrant service list to the court?
Within 10 days
109
What must officers do if the premises to be searched are occupied?
Call out the occupants and safely apprehend the suspect(s).
110
What is the preferred outcome for serving a SWAT search warrant?
Execute the warrant at unoccupied premises.
111
What is the purpose of a Search Warrant Incident Action Plan (IAP)?
To outline the planned service of the search warrant and ensure safety protocols are followed.
112
Fill in the blank: The electronic search warrant is a court order issued through _______.
[secure electronic transmission]
113
What must officers do after a search warrant is approved by the DA's Office?
Load the application and affidavit into the electronic search warrant system.
114
Who must review and approve the LVMPD 289 before SWAT serves a search warrant?
Immediate supervisor, section lieutenant, and bureau/area commander.
115
What must be done if a judge denies a search warrant application?
Update the application with requested information and reload it into the electronic search warrant system.
116
What is the role of the SWAT Section lieutenant in the search warrant process?
To determine if SWAT should be deployed, review IAPs, and approve or deny service requests.
117
What is the significance of using sound judgment in executing a search warrant?
It impacts the individuals at the premises, the officers involved, the department, and the community.
118
What must the investigating officer do regarding prior calls for service during the preparation of a SWAT search warrant?
Conduct a thorough workup on the target location.
119
What happens if the electronic search warrant application is denied?
The affiant will make no further attempts to obtain a search warrant and report the denial to the DA’s Office.
120
What must an investigative unit provide to SWAT when requesting a search warrant?
SWAT with the LVMPD 289 or federal operations plan via email.
121
What documents must be compiled for a search warrant?
Application, affidavit, and the search warrant.
122
What is required for written search warrants before serving?
A signed copy must be provided to the SWAT Section lieutenant.
123
What must the affiant do for telephonic warrants?
Identify the target location and share pertinent information with SWAT.
124
What must a supervisor do before SWAT arrives?
Notify appropriate area command and Communications supervisors.
125
What must plainclothes officers wear during a search warrant service?
Polo shirt, vest, or jacket with LVMPD/police markings.
126
What must be done after SWAT secures the premises?
Place a marked patrol vehicle in plain sight for scene security.
127
What is the approval requirement for nighttime service of search warrants?
Must be approved by the SWAT Section lieutenant.
128
What should SWAT do upon entering a premises?
Clearly announce identity and purpose to occupants.
129
What is required if occupants are present during a search warrant service?
Make reasonable attempts to get all occupants to exit.
130
What must search team members carry out during a search?
Assignments pursuant to the LVMPD 289 while properly dressed.
131
What must be completed at the conclusion of a search?
Search Warrant Return describing items seized.
132
What must be left at the location of the search?
A copy of the search warrant, application, and affidavit.
133
What should a supervisor ensure after a search concludes?
All evidence has been collected and documented.
134
What is the restriction on no-knock search warrants under Nevada law?
Only authorized for felony offenses involving significant and imminent threat.
135
Who must approve a no-knock search warrant?
The Special Operations Bureau captain and Deputy Chief of the Tactical Operations Division.
136
What must the search warrant affidavit establish for a no-knock warrant?
Underlying offense is a felony and involves imminent threat to public safety.
137
What happens to unserved search warrants after 10 days?
Marked as 'not served' and scanned into OnBase.
138
What is the purpose of LVMPD assisting with administrative search warrants?
Provide a safe and secure environment for administrative officers and the community.
139
What should officers do if the target location is occupied during an administrative search?
Attempt to take occupants outside and conduct a debrief.
140
What information must be gathered during a work-up on the target location?
Prior calls for service, occupants, criminal history, officer safety concerns.
141
What should be established prior to serving an administrative search warrant?
A perimeter around the target location.
142
What must officers announce before entering the premises?
Their identity and purpose.
143
What must be done if circumstances change that increase risk during service?
Implement sound tactics to safely take occupants into custody.
144
What is required of the sergeant or designee when executing an administrative search warrant?
Schedule a date and time for executing the warrant.
145
What must be coordinated through RISSafe during an administrative search warrant service?
De-confliction on the target location.
146
What is the preferable method of service on an occupied structure?
Conducting a knock and talk.
147
What must the communications team do upon notification of a search warrant?
Generate an event number.
148
What must be documented by the sergeant after an area is secured?
Photographs of any damage that may have occurred.
149
What is required for serving non-LVMPD or federal task force search warrants?
Must meet LVMPD standards.
150
What must the sergeant notify Communications about the scene?
The scene and all officers are Code 4.
151
What is the responsibility of the sergeant regarding photographs?
Ensure photographs are taken documenting any damage that may have occurred.
152
Will officers participate in the search when serving non-LVMPD/Federal task force search warrants?
No.
153
What standards must be met when serving an outside agency search warrant?
Must meet LVMPD standards.
154
Who chairs the Search and Seizure Committee?
The Internal Oversight and Constitutional Policing (IOCP) Bureau commander.
155
How often does the Search and Seizure Committee convene?
Quarterly.
156
What must be reviewed by the Search and Seizure Committee before implementation?
Any proposed changes to the search and seizure procedure.
157
What must the affiant do with all evidence?
Impound all evidence pursuant to LVMPD 7.310.
158
What should be included in a detailed Officer’s Report?
Location, items seized, persons present, damage to property, structure security.
159
What must be done with the search warrant documents?
Scanned into OnBase or maintained within a section/detail case file.
160
What is the timeline for returning original search warrant documents to court?
Within 10 calendar days.
161
What should be done if damage to the structure or property occurs?
Ensure a copy of the Officer’s Report has been forwarded to Risk Management.
162
What are the responsibilities of the supervisor present during the service of a search warrant?
Ensure all officers' responsibilities are completed, coordinate securing premises, forward Officer’s Report if damage occurs.
163
What must be left at the place of the search after a search warrant is executed?
The application, affidavit, search warrant, and return.
164
What is required for task force officers regarding memorandums of understanding (MOUs)?
Determine what policy task force officers must follow.
165
What types of digital storage devices are included in forensic examination?
Computers, cell phones, digital video recorders, GPS.
166
What should investigators do if privileged information is asserted on a seized device?
Notify the on-call DFL supervisor prior to examination.
167
What is required for forensic examinations of digital storage devices?
A DFL search warrant specific to the device and the crime under investigation.
168
What must be included in the DFL examination package?
DFL Request for Service form, search warrant affidavit, Property Report, original search warrant.
169
Who is authorized to purchase, maintain, and deploy GPS technology?
Technical and Surveillance Squad, Vehicle Investigation for Enforcement and Recovery, Major Violators/Narcotics Crime Bureau, Criminal Intelligence Section, Central Intelligence Unit.
170
What must be obtained before deploying GPS equipment in investigations?
A search warrant.
171
What is the process for returning service for GPS trackers?
Initial return within 10 days, final return within 10 days of concluding tracking.
172
What is not required for the installation or removal of a GPS tracker?
An IAP.
173
What training is required for officers authoring application and affidavit for search warrants?
Search Warrant Preparation & Execution class.
174
What class must sergeants complete when approving search warrant applications?
Search Warrant Preparation & Execution class.
175
What is the special requirement for officers involved in DUI evidentiary blood sample warrants?
Complete Search Warrants for DUI Investigations class.
