Search and Seizure Flashcards
Entry into a location or vehicle for the purpose of conducting a search for any item reasonably believed relevant to any investigation is permitted once valid consent has been obtained.Officers should be aware that overuse of the consent search can negatively impact the Department’s relationship with our community and only request a consent search when they have an _____ why they believe the search is necessary and likely to produce evidence related to an investigation.
articulable reason
Exigent circumstances permitting entry into premises _____ a warrant or _____ consent generally include any of the following:
(a) The reasonable belief that a person within is in need of immediate aid.
(b) The need to protect or preserve life or avoid injury.
(c) Imminent escape of a suspect.
(d) The reasonable belief that contraband is about to be removed or destroyed.
(e) Public safety.
An exigency created by the officer’s own conduct as an excuse for a warrantless entry is _____.
without; valid; not permitted
A search by consent is only allowed if the following criteria are met:
- Unless assigned to a specialized unit that has received specific training on consent searches, the officer has explained the reason for the consent search request to their supervisor (or their Corporal/Detective if their supervisor is unavailable) and received their approval _____ to requesting consent.
- Consent is _____ (e.g., clear, specific and unequivocal).
- Consent is obtained from a person who has the _____ to give the consent (e.g., care, custody and control of the location or vehicle).
- The search _____ exceed the scope of the consent given.
prior; voluntary; authority; does not
Although officers _____ required to conduct searches within the plain view of suspects, those who have the authority to grant or revoke consent should be in a position to communicate a _____ of consent should they so desire. If consent was obtained by telephone from a person who has authority to grant the consent, the person should be provided with _____ to revoke the consent.
are not; withdrawal; contact information
Consent requests and authorization for all vehicle and subject stops _____ be documented on the Department approved Consent to Search Form and should also be recorded by audio and/or video when _____.
shall; possible
If at anytime after the search has begun the person revokes their consent, the officer will immediately stop and search no further unless _____ has already been developed to warrant continuing with the search.
sufficient probable cause
If consent is revoked, the officer will mark the “_____” box on the Consent to Search Form.
Search Suspended
Officers unable to document a subject’s voluntary consent to search by audio and video recording will document in the _____ why they were unable to document the consent on audio and video
CAD history
For consent searches not involving a _____ or _____, an officer with supervisory approval may document the voluntary consent using only video and/or audio recording
vehicle; subject stop
Consent to Search Forms will be handled as follows:
- If contraband is discovered during the search, officers will submit the completed and signed Consent to Search Form, to the _____ to maintain the chain of custody. A _____ of the form will be submitted to their supervisor at the end of the shift to be routed through the chain-of-command.
- If no contraband is discovered during the search, officers will submit the _____ signed Consent to Search Form, to their supervisor at the end of the shift to be routed through the chain-of-command.
evidence room; copy; original
Vehicles:
- A search of a vehicle interior may be made when the arrestee is ______ and within reaching distance of the passenger compartment at the time of the search.
- A search of a vehicle interior may be made when it is reasonable to believe that the vehicle contains _____ of the offense of arrest.
- If officers _____ have a valid reason to search a vehicle after making an arrest (e.g. probable cause, inventory), a search warrant will need to be obtained.
- Officers _____ examine the contents of any opened or closed container within the passenger compartment, provided the container is within reaching distance of the arrestee and the arrestee is unsecured at the time of the search.
- _____ containers found within the vehicle passenger compartment may be seized and a search warrant obtained in a timely manner.
unsecured; evidence; do not; may; Locked
A frisk is a _____ of the outer clothing, area, vehicle or container to which a detained person may have immediate access. The purpose of a limited weapons frisk after an investigatory stop is not to discover crime, but to allow the officer to pursue the investigation without _____. An officer does not need to be absolutely certain that an individual is armed; the issue is whether a reasonably prudent person would justifiably believe that he or others were in danger.
mere pat-down; fear of violence
Because an individual _____ have an expectation of privacy as to items that are in plain view, no search has taken place in a constitutional sense when an object is viewed from a location where the officer has a _____.
does not; right to be
An item in plain view may generally be seized when all of the following conditions exist:
- The object must be in _____; and
- Officers conducting the seizure must _____ arrive at the position from which the object is plainly seen; and
- Officers must have a lawful right of _____ to the object itself, apart from lawfully viewing the object; and
- The object’s _____ character must be so immediately and sufficiently apparent that officers have probable cause to believe the object is contraband or evidence of a crime.
plain view; lawfully; access; incriminating
Once lawfully inside a residence, officers may conduct a protective frisk of a subject if the officer has a reasonable belief that the person is armed and dangerous. In addition, the _____ Amendment permits a limited protective sweep of a residence when the searching officer possesses a reasonable belief that the area to be swept harbors an individual posing a danger to those on scene. The sweep should not last longer than is necessary to dispel the reasonable suspicion of danger.
Fourth
