Search and Seizure

Question 1

The fourth amendment is the right of people to be secure in their persons, houses, papers and effects against unreasonable ________and ________.

Answer 1

searches

Seizures

Question 2

The fourth amendment protects an expectation of privacy that must be both: ________ and _______.

Answer 2

Reasonable

Legitimate

Question 3

________ :A common law exception to the fourth amendment based on the publics expectation that law-enforcement may take action to safe life or render aid.

Answer 3

Community Caretaking Doctrine

Question 4

________ :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.

Answer 4

Exigent circumstance

Note: Police can not create the exigent circumstance or use a ruse to affect a warrantless search

Question 5

_______: 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.

Answer 5

Fresh pursuit

Question 6

________: A subcategory of exigent circumstances where a dangerous or felony suspect is fleeing from law-enforcement and an officer has direct knowledge of the suspects location which would justify an exigent circumstance entry for apprehension.

Answer 6

Hot pursuit

Question 7

______: A warrantless search which requires probable cause to (1) prevent the destruction of evidence of a serious felony or (2) effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended or (3) hot or fresh pursuit.

Answer 7

Investigative emergency search

Question 8

________: If during a 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 a grip on an item to determine that it is contraband.

Answer 8

Plain Feel

Question 9

______ : An open hand contact of the subjects outer clothing to detect weapons on a person.

Answer 9

Pat down

Question 10

_________: A quick unlimited search of premises conducted for the safety of officers and others. It must be narrowly confined to a cursory visual inspection of those places in which a person might be hiding.

Answer 10

Protective sweep

Question 11

________: A police intrusion on a reasonable and legitimate expectation of privacy.

Answer 11

Search

Question 12

________: A police interference with an individuals freedom of movement a person’s right to possess or control an item.

Answer 12

Seizure

Question 13

Exceptions related to criminal investigations where the fourth amendment does not apply are:_____(6)

Answer 13

(1) Open view
(2) person has no standing
(3) trash searches outside the curtilage
(4) detention facilities
(5) abandon property
(6) searches by private citizen

Question 14

Courts recognize a __________ situation as a distinct non-criminal investigative function of law-enforcement which are justified under the Community Care Taking Doctrine.

Answer 14

Welfare check

Question 15

When conducting a welfare check the officers intent and motivation must be to _____ or____.

Answer 15

Save Life

Render aid

Question 16

If conducting a search related under the Community Care Taking Doctrine, if the search reveals that no life safety issue exists, officers must _____ _____ immediately.

Answer 16

Stop searching

Question 17

If Officers damage property, officers must complete an ______ _____ and ______ the damage.

Answer 17

Officers Report

Photograph

Question 18

Consensual encounter requires _________.

Answer 18

No justification

Question 19

Investigative detention “Terry stop” requires ______.

Answer 19

Reasonable suspicion

Question 20

Arrest requires _______ .

Answer 20

Probable cause

Question 21

Consensual encounters require: ___(4)

Answer 21

(1) No legal justification
(2) Must feel free to leave at any time
(3) Freedom of movement cannot be impeded in anyway
(4) May revoke consent at any time

Question 22

An investigative detention also known as a reasonable suspicion stop or a (Terry stop) allow Officers to stop a person to ascertain his or her: _____(2)

Answer 22

(1) Identity

(2) Purpose

Question 23

Officers can seize a person with the following legal justification’s:_____(4)

Answer 23

(1) Investigative detention 60 minute rule
(2) Vehicle stop (driver and passenger)
(3) Arrest
(4) Legal 2000

Question 24

Officer can seize a resident/structures with the following legal justification’s:_____(2)

Answer 24

(1) Premises freeze

(2) Search warrant

Question 25

Officers can seize vehicles with the following legal justification’s:_____(3)

Answer 25

(1) Vehicle stops (2) Impound (3) Search warrant

Question 26

Officers can seize property under the following legal justification’s:___(5)

Answer 26

(1) Plain view (2) Abandon (3) Premises freeze. (Electronic storage devices) (4) Search warrant (5) Safekeeping

Question 27

_______: The right to bear arms is protected by the United States Constitution. The determination to impound a firearm for safekeeping should be for life safety or to determine ownership.

Answer 27

Safekeeping of Firearms

Question 28

When practical a ____and/or _____should be conducted by officers of the same gender as a subject.

Answer 28

Pat down Search

Question 29

When reasonable suspicion exist to conduct a strip search, the arresting officer will/will not request a search by contacting a correction supervisor and clearly articulating the basis for the suspicion.

Answer 29

Will

Question 30

Individuals arrested for traffic violations and other minor offenses or a non-violent nature will not be subject to strip searches unless the arresting officer has ______ ______to believe that the individual is concealing contraband or weapons.

Answer 30

Reasonable suspicion

Question 31

If during a DUI arrest. The subject refuses to give consent the police officer will/will not obtain a search warrant.

Answer 31

Will

Question 32

It is a policy of this department that officers will/will not search a vehicle incident to arrest.

Answer 32

Will not

Question 33

Absent exigent circumstances or consent, officers are required to have either an arrest warrant or search warrant to enter a structure for the purpose of making a probable cause arrest, follows under which guideline:

Answer 33

Payton Rule

Question 34

Absent exigent circumstances or consent, officers are required to obtain a search warrant to enter a structure owned by a third party for the purpose of serving an arrest warrant or to make a probable cause arrest. (1) Officers have probable cause to believe the suspect is located within the structure and (2) a showing of why it is reasonable to make entry into the structure instead of waiting for the suspect to exit falls under which rule:_____

Answer 34

Steagald Rule

Question 35

_____: An officer who is legally present in any structure may conduct a limited protective search for weapons in the subject area of immediate access.

Answer 35

Frisk for weapons

Question 36

An officer who is legally present in any structure may/ may not conduct a protective sweep if he has reasonable suspicion to believe there is a threat to his safety from a person(s) in the structure.

Answer 36

May

Question 37

A family court judge does/does not have jurisdiction to authorize search warrants.

Answer 37

Does not

Question 38

Photos are/are not required for search warrant documents for evidentiary blood samples.

Answer 38

Are not

Question 39

It is a policy of this department that there are only two classifications of the search warrant which are: ______(2)

Answer 39

(1) Non-Swat | 2) Swat (preferred method by dept

Question 40

The use of bodily force, a key or bolt cutters to enter an unoccupied storage facility or a structure reasonably believed to be unoccupied would/would not require an IAP or swat service.

Answer 40

Would not

Question 41

Digital storage devices, whether obtained through consent, arrest or search warrant service, will/will not be impounded into the LVMPD Evidence Vault. Evidence will/will not be taken directly to CFL.

Answer 41

Will Will not