Search And Seizure Flashcards
The department strictly adheres to the US constitution specifically the forth amendment. The fourth amendment protects an expectation of privacy that must be both _______________ and _____________.
- Reasonable
2. Legitimate.
The rules of the 4th amendment apply between the government (police) and the citizens, regardless of ____________.
Citizenship status.
60 minute rule
An investigative detention based on REASONABLE SUSPICION is strictly limited to 60 minutes. NRS 171.123(4)
Define abandonment
Words or actions which clearly show that a person has disclaimed ownership, dominion and control over real or personal property.
Define admin search
Policy based searches which require no PC or RS. Can be done because it is spelled out in policy.
Community care doctrine defined
Exception to the 4th amendment by law enforcement to save life and render aid.
Four points of consent per policy
- Be informed of intended search
- Not be coerced
- Have standing.
- Be able to revoke at any time.
Exigency circumstances defined
A time critical exception to the search warrant requirement for the purpose of acting in an investigative emergency, based on probable cause for a criminal investigation. Police can’t create the exigency.
Define fresh pursuit
Occurs when there is probable cause that a person who is wanted for a serious felony is inside a home or other private place and is about to flee. Note – not same as hot pursuit.
What are the three levels of a police encounter.
- Consensual encounter
- Investigative detention or terry stop
- Arrest
Your officers stop a a vehicle and the driver refuses to identify himself what should he do?
Notify a supervisor to respond to the scene.
Four types of seizures for a person
- Investigative detention. (60 minute rule)
- Vehicle stop
- Arrest
- Legal 2000
2 types of seizure for a residence?
- Premise freeze
2. Search warrant
3 types of seizure for a vehicle
- Vehicle stop
- Impound
- Search warrant
5 types of seizure for property
- Plain view
- Abandonment
- Premise freeze (electronic devices)
- Search warrant
- Safe keeping (protecting an item from theft or to determine ownership)
What report must accompany a safekeeping of a firearm?
Only a property report is required per policy. Write the justification in the narrative section.
Three warrantless searches of a person
- Consent
- Pat down
- Search incident to arrest
All pat downs must be preformed by the same gender officer. True or false
False,
Policy states whenever practical, a pat down and or search should be conducted by officers of the same gender as the subject.
Field strip searches
Only done in the rarest of circumstances where life of officers and others might be at risk and only with explicit approval by the lieutenant. All searches must be conducted by the same gender officer.
A body cavity can be conducted when consent is give. True or false
False. All body cavity searches require a search warrant.
Three PC reasons to search a vehicle.
Search warrant
Vehicle is readily mobile
Consent to search
4 none PC checks (searches)of a vehicle
Protective frisk
Inventory
Consent search
VIN inspection
What should an officer do if a search is completed of a vehicle but no officers or arrest report is generated?
Detail the consent to search via CAD.
