Searching Vehicles (Bench mark 3)

Question 1

What circumstances may a canine be used to detect drugs in a vehicle?

Answer 1

Probable cause must exist to conduct a warrantless search.

Question 2

Using complete sentences, describe how a valid consent search of a vehicle may be obtained.

Answer 2

Ask the citizen, and ensure it is with no duress or coercion.

Question 3

Describe what role agency policy plays in determining whether an inventory search may be conducted.

Answer 3

To impound the vehicle to protect public safety, the owner’s property while in police custody, and police from dangerous items or false claims or disputes over lost or stolen property.

Question 4

What must a LEO be able to articulate to use the Carroll Doctrine/Automobile Exception?

Answer 4

That they have probable cause that the vehicle contains contraband/evidence and the vehicle is readily mobile.

Question 5

List 3 examples of when a vehicle should be towed and applicable department policies that should be followed upon towing a vehicle.

Answer 5

1. When abandoned for 48 hours
2. For safe keeping while driver in custody
3. Inventory is necessary to relieve officer of liability.

Question 6

What authority is granted with Carroll v United States?

Answer 6

The vehicle may be searched without warrants if the officer has probable cause, and the vehicle is mobile.

Question 7

What is the meaning of California v Carney?

Answer 7

Ruling that motor homes are vehicles for Carroll Doctrine purposes.

Question 8

What is the Kansas Trooper 2 Step?

Answer 8

Telling a traffic stop suspect they are free to go then doubling back to ask to search the car.

Question 9

What considerations do we need to do a vehicle Terry Frisk?

Answer 9

-Must have PC or RS for the traffic stop
-RS weapons are in the vehicle
-Officer safety issues i.e. suspect not keeping hands visible
Note: Only search in areas where a weapon can be found

Question 10

K9 Searches: What do we need for a exterior vehicle search? What do we need for a interior search?

Answer 10

Nothing, PC

Question 11

Why must every agency have a policy for a inventory search?

Answer 11

Is State law

Question 12

During a Inventory Search if contraband is discovered do we need anything to seize it?

Answer 12

Yes, a search warrant.

Question 13

What do we need to search a vehicle and what actions should we take?

Answer 13

-Minimum of 2 officers
-Do a interior search: Start counter-clockwise beginning at driver seat, look high & low, divide vehicle into sections, look for modifications and aftermarket additions to the vehicle.