Search and Seizure

Question 1

State the Fourth Amendment

Answer 1

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but on probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

Question 2

The Fourth Amendment protects an expectation of privacy that must be both:

Answer 2

1. Reasonable

2. Legitimate

Question 3

To which seven things, places, or circumstances does the Fourth Amendment NOT apply.

Answer 3

1. Open View
2. Lack of Standing
3. Trash not on curtilage
4. Detention Facilities
5. Abandoned Property
6. Non-Agent Citizen
7. Searches at Airports beyond security

Question 4

It is the policy of The Department that officers shall obtain search warrants unless one of the following six exceptions applies.

Answer 4

1. Search of a person incident to lawful arrest.
2. Inventory
3. Consent
4. Plain View
5. Exigent Circumstances (Hot pursuit etc.)
6. Vehicle Search Warrant Exception

Question 5

Define Abandonment

Answer 5

Objective words or actions which clearly show that a person has disclaimed ownership, dominion, and control over real or personal property.

Question 6

Define Administrative Checkpoint

Answer 6

These are “Policy Justified” searches which do not require reasonable suspicion or probable cause. However , the intrusion in such cases must be brief and slight, and the determination of which cars to stop must be made according to some articulable, non-arbitrary standard.

Question 7

Define Blood Draw

Answer 7

The collection of a blood sample to determine the presence of drugs or alcohol when submitted for laboratory analysis could determine a person’s level of impairment. This sample may be obtained with consent or search warrant.

Question 8

Define Body Cavity Search

Answer 8

Any search involving the internal physical examination of body cavities and, in some instances, organs such as the the stomach cavity, performed by a physician or other medically trained personnel.

Question 9

Define Consent

Answer 9

Agreement, approval, or permission to act. 
A person giving consent must: 
1. Be Informed
2. Not Coerced
3. Have Standing
4. Actual Search is Private

Question 10

The legal protection associated with curtilage is always determined in favor of:

Answer 10

The property owner, not law enforcement.

Question 11

Define Consensual Encounter

Answer 11

A completely voluntary police interaction with members of the public, requiring no legal justification for the interaction, where a reasonable person would feel free to disregard the police and go about their business.

Question 12

Define Consensual Entry

Answer 12

Entry by invitation by a person with standing.

Question 13

Define Curtilage

Answer 13

Areas near a residence where the residents have an actual and reasonable expectation of privacy.

Question 14

Define: Duplicate Original Search Warrant

Answer 14

A document used pursuant to Nevada Law, which is required for a telephonic search warrant.

Question 15

Define Exigent Circumstance

Answer 15

A time-critical exception to the search warrant requirement that requires probable cause to justify a warrant-less entry to:

1. Prevent the destruction of evidence of a serious felony offense.
2. Effect a warrant-less arrest of a violent or dangerous suspect who officers have PC to believe committed a serious felony whom may escape if not apprehended.
3. To preserve life or render aid.

Question 16

Regarding Exigent Circumstance, officers cannot:

Answer 16

1. Create the exigency

2. Use a ruse to affect warrant-less search

Question 17

When is a forced blood draw appropriate?

Answer 17

When the subject has refused to provide a sample in compliance with a valid search warrant and has been informed that the warrant authorizes the use of reasonable force to collect the blood sample.

Question 18

Define Forced Entry

Answer 18

Entry into a structure that requires the use of force or a tool to gain entry and may cause damage to the structure.

Question 19

Define GPS Consensual Deployment

Answer 19

Installation of GPS tracker with permission of the property owner or under circumstances where the taking or theft of the tracker does not involve a subject with standing related to said property.

Question 20

Define Hot Pursuit

Answer 20

A sub-category of “Exigent Circumstances” where a dangerous or felony suspect is fleeing from law enforcement and an officer has direct knowledge of the suspect’s location which would justify an exigent circumstances entry apprehension.

Question 21

Define Investigative Detention

Answer 21

Also known as a “Terry Stop” it is a seizure of a person for no more than 60 minutes, with limited scope and purpose of conducting an investigation and for which a police officer must have reasonable suspicion that a person is committing, has committed, or is about to commit a crime. NRS 171.123

Question 22

Define “Judge Shopping”

Answer 22

The solicitation of a second judge after an initial judge refuses to authorize a search warrant.

Question 23

Define Motor Vehilce

Answer 23

Any vehicle operating or capable of operating on public streets or highways, including automobiles, trucks, trailers, recreational vehicles, mobile homes, motor homes, motor cycles, and any other type of vehicle, whether self-propelled or towed.

Question 24

Discuss Open View

Answer 24

The Fourth Amendment does not protect what a person knowingly exposes to the public regardless of where that exposure takes place. However, while the observation of something that is in “open view” does not amount to a search, a warrantless seizure is not justified absent a specific exception to the warrant requirement. “Open view” and “plain view” are not the same.

Question 25

Define Pat Down

Answer 25

An open hand contact of a subject’s outer clothing to detect weapons on a person or contained within items “immediately associated with a person.” (i.e. purse, backpack, etc.) The “pat down” is based on reasonable suspicion or articulable facts that the person may be armed and dangerous.

Question 26

Define Piggyback Warrant

Answer 26

An additional warrant acquired following the service of a primary warrant. It is based on evidence found during the execution of the primary warrant that would exceed the scope of the primary warrant if seized.

Question 27

Discuss Plain Feel

Answer 27

If during ta Pat Down the officer feels an item that is not suspected to be a weapon, but is immediately apparent from the mass and shape that the item is probably contraband; the officer can legally seize the item. However, the officer is not permitted to conduct additional searches or even change grip on an item to determine that it is contraband.

Question 28

Define Plain View

Answer 28

Plain View is an exception to the general search warrant requirement. For a plain view seizure to be reasonable, the officer must satisfy three requirements:

1. The officer must be in a position in which he has a legal right to be.
2. The item’s incriminating character must be immediately apparent.
3. The officer must have a lawful right of access to the object itself without substantial additional intrusion. “Plain View” and “Open View” are not the same.

Question 29

Define Premise Freeze

Answer 29

Entry into a premise, with probable cause but without a search warrant, for the purpose of clearing and securing the premises in anticipation of obtaining a search warrant. Note: No search shall occur prior to the search warrant being issued. A Premise Freeze will not be used as a pre-planned investigative technique.

Question 30

Define Probable Cause

Answer 30

Exists when the facts and circumstances known to an officer would warrant a prudent man in believing that a crime had been committed and the accused had committed it.

Question 31

What is a Probable Cause Search?

Answer 31

A search which is performed under a “Fair Probability” that the items sought to be seized will be contained in the premise sought to be searched.

Question 32

Discuss Protective Sweep

Answer 32

When officers are lawfully present in a structure they may conduct a limited search of areas withing the structure to identify threats to the officer’s safety.

Question 33

Define Reasonable Suspicion

Answer 33

Facts or circumstances which would lead a reasonable person to believe a crime has been, is being or is about to be committed.

Question 34

What is a Sealing Order?

Answer 34

A court order issued upon a showing of “good cause” to protect the contents of an Application and Affidavit for a search warrant until a criminal complaint or indictment is filed or a court otherwise orders the Application and Affidavit for a search warrant unsealed.

Question 35

Define Search

Answer 35

A search is a police intrusion on a reasonable and legitimate expectation of privacy.