Search and Seizure Flashcards
The fourth amendment is the right of people to be secure in their persons, houses, papers and effects against unreasonable ________and ________.
searches
Seizures
The fourth amendment protects an expectation of privacy that must be both: ________ and _______.
Reasonable
Legitimate
________ :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.
Community Caretaking Doctrine
________ :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.
Exigent circumstance
Note: Police can not create the exigent circumstance or use a ruse to affect a warrantless search
_______: 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.
Fresh pursuit
________: 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.
Hot pursuit
______: 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.
Investigative emergency search
________: 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.
Plain Feel
______ : An open hand contact of the subjects outer clothing to detect weapons on a person.
Pat down
_________: 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.
Protective sweep
________: A police intrusion on a reasonable and legitimate expectation of privacy.
Search
________: A police interference with an individuals freedom of movement a person’s right to possess or control an item.
Seizure
Exceptions related to criminal investigations where the fourth amendment does not apply are:_____(6)
(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
Courts recognize a __________ situation as a distinct non-criminal investigative function of law-enforcement which are justified under the Community Care Taking Doctrine.
Welfare check
When conducting a welfare check the officers intent and motivation must be to _____ or____.
Save Life
Render aid
If conducting a search related under the Community Care Taking Doctrine, if the search reveals that no life safety issue exists, officers must _____ _____ immediately.
Stop searching
If Officers damage property, officers must complete an ______ _____ and ______ the damage.
Officers Report
Photograph
Consensual encounter requires _________.
No justification
Investigative detention “Terry stop” requires ______.
Reasonable suspicion
Arrest requires _______ .
Probable cause
Consensual encounters require: ___(4)
(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
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)
(1) Identity
(2) Purpose
Officers can seize a person with the following legal justification’s:_____(4)
(1) Investigative detention 60 minute rule
(2) Vehicle stop (driver and passenger)
(3) Arrest
(4) Legal 2000
Officer can seize a resident/structures with the following legal justification’s:_____(2)
(1) Premises freeze
(2) Search warrant
Officers can seize vehicles with the following legal justification’s:_____(3)
(1) Vehicle stops
(2) Impound
(3) Search warrant
Officers can seize property under the following legal justification’s:___(5)
(1) Plain view
(2) Abandon
(3) Premises freeze. (Electronic storage devices)
(4) Search warrant
(5) Safekeeping
_______: 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.
Safekeeping of Firearms
When practical a ____and/or _____should be conducted by officers of the same gender as a subject.
Pat down
Search
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.
Will
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.
Reasonable suspicion
If during a DUI arrest. The subject refuses to give consent the police officer will/will not obtain a search warrant.
Will
It is a policy of this department that officers will/will not search a vehicle incident to arrest.
Will not
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:
Payton Rule
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:_____
Steagald Rule
_____: An officer who is legally present in any structure may conduct a limited protective search for weapons in the subject area of immediate access.
Frisk for weapons
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.
May
A family court judge does/does not have jurisdiction to authorize search warrants.
Does not
Photos are/are not required for search warrant documents for evidentiary blood samples.
Are not
It is a policy of this department that there are only two classifications of the search warrant which are: ______(2)
(1) Non-Swat
2) Swat (preferred method by dept
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.
Would not
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.
Will
Will not
