Title 6 - Arrests, Search and Seizure Flashcards
1
Q
6.010
What must an officer do upon taking a suspect into custody?
A
Officer must
- Identify themself
- Inform suspect he/she is under arrest
- State the reason for arrest.
2
Q
6.010
When must Miranda be given
A
As soon as practical after the arrest, regardless of interview.
3
Q
6.010
Who must be notified when a person is arrested for assaulting an on or off duty officer?
A
The sergeant will notify a Lieutenant.
4
Q
6.010
In regards to an arrest screening, what must be in the arrest report
A
The sergeant that screened the arrest and location of the screening.
5
Q
6.010
When must a sergeant do an in-person screening?
A
- If person was handcuffed by SPD.
- If suspect is injured or claiming injury
- If there has been a reportable use of force.
6
Q
6.010
When must reports be completed?
A
By the end of the shift.
7
Q
6.010
What do Felony Arrests require?
A
An alert email with copies of paper documents, printout of the superform and a label to the report.
8
Q
6.010
Is an arrest screening required if the person is arrested and then released?
A
Yes
9
Q
6.010
For a narcotics felony arrest, what is required?
A
An alert email with all paper documents, a printout of the superform and a Certification of Probable Cause with an original signature signed in blue ink.
10
Q
6.020
Can employees inquire about a person’s citizenship or immigration status?
A
No. There are no exceptions unless approved by the Chief.
11
Q
6.020
Can employees enforce ICE or other immigration warrants?
A
No. SPD will not participate in any police action based on immigration status.
12
Q
6.020
If an employee needs to contact Dept of Homeland Security, or if DHS requests access, in regards to a foreign national, whose approval is needed?
A
A Bureau Chief approval is needed.
13
Q
6.020
How would an employee know if a person was a foreign national to contact the consulate?
A
The arrestee must voluntarily give information or a search yields documentation that a person is a foreign national.
14
Q
6.020
If a person is a citizen of the U.S and another country (dual citizenship), is consular notification still required?
A
No.
15
Q
6.020
Who makes consular notification when requested or required?
A
The arresting officer.
16
Q
6.020
When is automatic consular notification required?
A
- ) If the arrestee is from a country requiring mandatory notification.
- ) When a govt official becomes aware of the death of a foreign national.
- ) When a guardianship is being considered with respect to a foreign national who is a minor or incompetent.
- ) When a foreign ship or aircraft is involved in a collision or accident.
- ). If the detainee requests notification.
17
Q
6.020
Does diplomatic immunity card have to be verified?
A
Yes.
18
Q
6.020
Can an person with diplomatic immunity be arrested or detained?
A
Yes if the safety of the public is in imminent danger or a crime may otherwise be committed, employees may intervene to halt such activity.
19
Q
6.020
Who can an officer contact about questions on diplomatic immunity?
A
State Department
20
Q
6.020
Can an officer conduct a Terry stop or traffic stop and issue an infraction on a person with diplomatic immunity?
A
Yes.
21
Q
6.020
Is a report required when an incident involves diplomatic imminuty?
A
Yes. Investigating and preparing reports does not violate immunity. Officers shall obtain as much information as possible during the initial investigation.
22
Q
6.020
How is consular notification made?
A
- )Preferably by fax or email. If fax or email are not available, a call can be made with documentation of the date, time and point of contact.
- ) The fax or email must be added to the report.
23
Q
6.030
When will requests for body cavity searches be made?
A
Only then they are necessary and justifiable.
24
Q
6.030
Who will conduct a body cavity search?
A
Body cavity search will be conducted by medical personnel of Harborview Medical Center or an approved medical facility.
25
# 6.030
Whose permission is needed for a body cavity search?
Written permission from a lieutenant or above and a search warrant.
26
# 6.030
Can an officer of the opposite sex be present at the hospital for a body cavity search?
No. Must be same sex
27
# 6.060
What does Private Sexual Information mean?
Private Sexual Information means any information about an individuals sexual practices or orientation.
28
# 6.060
What does Criminal Justice Restricted Information mean?
Any information about:
1. ) An individual's political or religious associations, activities, beliefs or opinions,
2. ) The membership, mailing or subscription list of a pollical or religious organization, an organization formed for the protection or advancement of civil rights, or an organization formed for community purposes.
3. ) An individuals membership or participation in such an organization.
29
Who can authorize the collection of Restricted Information?
A Lt or above for a legitimate law enforcement purpose.
30
# 6.060
When can dept personnel take video and/or photographic documentation of a public demonstration?
When there is reasonable suspicion of criminal activity or when criminal activity is occuring.
31
# 6.060
Can officers take photographs of a demonstration to document the event?
Yes, but employees must take care to ensure that individual demonstrators are not readably identifiable.
32
# 6.060
Who can authorize videotaping a lawful demonstration? (not including ICV/BWV)
Lt or above
33
# 6.060
Whose permission is needed to inflitrate a political or religious organization?
Chief of Police.
34
# 6.060
Who receives and vets all video and photographs taken at a demonstration?
Criminal Intelligence Section. Employees will send original copies of all video and photographs to CIS within 24 hours of the event.
35
# 6.120
What is used to determine which detective unit will follow-up on an impounded vehicle?
Case Assignment Matrix
36
# 6.120
Do officers have to exhaust all possible alternatives to impound?
No. Only what is reasonable.
37
# 6.120
What form is used to impound boats?
The Vessel, Watercraft or Obstruction Theft and Impound Report
38
# 6.120
What crimes require a mandatory impound of the vehicle?
Officers will impound the vehicle if the DRIVER is arrested for:
1. ) Commercial Sexual Abuse of a Minor
2. ) Promoting Commercial Sexual Abuse of a Minor
3. ) Promoting Travel for Commercial Sexual Abuse of a Minor.
39
# 6.120
When can officers impound a vehicle with prior notice?
Offices may impound a vehicle after giving 24 hour notice when vehicle is:
1. ) In violation of any law.
2. ) Abandoned
3. ) Mechanically unsafe.
40
# 6.120
When will officers NOT complete a inventory inspection of an impounded vehicle?
When the vehicle is impounded on an investigatory hold.
41
# 6.120
Can an officer impound a vehicle for a DWLS/3 violation?
No
42
# 6.120
For what crimes must officers exhaust reasonable alternatives prior to impounding a vehicle?
DUI or Physical Control
DWLS 1 or 2
Driving without a valid driver's license.
43
# 6.120
What does an officer need to put into a report regarding DUI or physicals control impounds?
Sworn employees will document their reasoning for both impounding or not impounding.
44
# 6.120
Who screens an impound to the Vehicle Processing Room?
Sergeant/Supervisor.
45
# 6.120
When can a vehicle be impounded to the Vehicle Processing Room?
1. ) The vehicle contains evidence and is pending a warrnt.
2. ) A specific analysis of the vehicle must be peformed (DNA, etc.)
3. ) The vehicle is an integral part of the investigation.
4) . The vehicle is held pending a seizure
5. ) Acting on the direction of the case detective.
46
# 6.120
When will an officer NOT impound a vehicle to the vehicle processing room?
1. ) Vehicle is impounded for a crime that occurred outside of Seattle.
2. ) Vehicle is oversized, unless authorized by CSI or follow-up sergeant.
3. ) Vehicle is leaking gas or hazardous material, unless screened by CSI.
4. ) Vehicle is damaged in an arson, unless screened by CSI.
47
# 6.120
How long can a detective retain an impounded vehicle?
As long as necessary to complete an investigation or prosecution.
48
# 6.120
Who can release a vehicle being held for an investigatory hold?
Either the assigned investigative unit or CSI.
49
# 6.120
Where will an impounded vehicle be released to an owner?
Only from a department contracted tow lot. The vehicle will be towed from the vehicle processing room or other storage site to the tow lot.
50
# 6.120
What is written in the narrative portion of an impound form for a vehicle towed for Sexual Abuse of a Minor?
Vice/Prostitution hold.
51
# 6.120
When does the city pay for an impound?
1. ) The registered owner, or driver, in the incident leading to the investigative hold was not arrested or charged, or
2. ) The vehicle was improperly placed on inv hold.
52
# 6.120
When does an owner pay for an investigation hold?
When the registered owner, or the driver authorized by the registered owner, in the incident was arrested or charged.
53
# 6.13
What is a Confidential Informant (CI)?
A CI is a person who provides info or services to the Dep in return for money or other benefits.
54
# 6.130
What units are authorized to use CIs?
1. ) Human Trafficking Unit
2. ) Major Crimes Task Force
3. ) Narcotics
4. ) Gun Violence Reduction Team
5. ) Investigation Support Unit
55
# 6.130
Who trains officers prior to the use of using a Confidential Informant?
The unit's sergeant
56
# 6.130
What guides the use of Confidential Informants?
The Confidential Informant Guidelines.
| Shall be updated by the Investigation Bureau
57
# 6.130
Who screens a Confidential Informant prior to their use?
A unit sergeant which requires an in-person meeting.
58
# 6.130
Can detectives use a CI or CW who is under 16 years of age?
No
59
# 6.130
Can detectives use a CI or CW who is between 16 and 17 years of age?
Only with approval of the Investigations Assistant Chief
60
# 6.130
Who approves any prosecution considerations or benefits when dealing with a Confidential Informant?
Investigations Bureau Assistant Chief and the prosecuting attorney
61
# 6.130
When can inactive Confidential Informant files be purged?
When there has been no contact with the CI in five years, and needs approval of Inv Assistant Chief.
62
# 6.130
Whose approval is needed for problem informants?
The unit Lieutenant.
63
# 6.130
Who audits the Confidential Informant files?
The Audit Section audits the files twice a year. Audits should be at least 120 days apart.
64
# 6.135
What is a Cooperating Witness (CW)?
A CW is not an CI and may be subpoenaed to testify on their involvement. A CW is willing to provide information about the criminal activity of others and facilitate the delivery of illegal drugs or other items in an exchange of being booked into jail.
65
# 6.130
Whose permission is needed to share CI info with outside agencies?
Unit Lt.
66
# 6.135
Who can use Cooperative Witnesses?
Only Investigative Bureau detectives and Anti-Crime Team members
67
# 6.135
ACT needs whose permission prior to using a Cooperating Witness?
Watch Lieutenant
68
# 6.135
Investigative Bureau detectives needs whose approval prior to using a Cooperating Witness?
Sergeant
69
# 6.140
Who will screen and approve patrol requests for locating a Cell Phone during an emergency?
A Lieutenant or acting Lt
70
# 6.140
What is needed after obtaining Prospective Information (pinging) a cell phone?
Must get a tap and trace warrant within 48 hours. Failure to do so is a gross Misd.
71
# 6.150
When are Miranda Rights required to be read?
For all arrests, regardless of interview, as soon as practical.
72
# 6.150
When can an officer request a concent to search a juveniles person, property or vehicle?
Only after the juv has consulted with counsel. Cannot request consent before councel consultation.
73
# 6.150
When can an officer question a person under 18 years old.
After Miranada was read and after the juveniles has consulted with legal counsel.
74
# 6.150
Can a juvenile waive their right to consult with counsel?
No. If they choose not to consult, no questioning or consent to search may be done.
75
# 6.150
Can a Juvenile under 12 waive their Miranda rights?
No. only parents can and parents have the right to be present during the interview.
76
# 6.150
When can officers interview a juvenile suspect prior to legal counsel?
Questioning a juvenile without legal counsel after issuing a Miranda warning may take place if:
1. The officer who issued the warning reasonably believes the information sought is necessary to protect life from an imminent threat; and
2. Delay to allow legal consultation by phone would hamper the protection of life from an imminent threat; and
3. The questioning is limited to matters reasonably expected to obtain information necessary to protect life from an imminent threat.
77
# 6.150
Do officers need to give Miranda in the appropriate language?
Yes.
78
# 6.150
How can an officer document the advisement of Miranda?
One of three ways:
1. ) Explanation of Rights Form
2. ) Officer Statement
3. ) Dept-approved recording device
79
# 6.150
Is there additional Miranda warnings for hearing impaired?
yes. There is an additional warning.
80
# 6.180
What is a community-caretaking search?
A search needed to protect or preserve life, avoid serious injury or protect property in danger of damage. Must be motivated solely by the perceived need to render aid or assistance.
81
# 6.180
When can an officer make a limited, warrantless sweep of a vehicle?
When there is reasonable suspicion that an unsecured firearm is in the vehicle and the vehicle must be impounded and towed from the scene.
82
# 6.180
Does a consent to search have to be documented?
Yes. Preferably by using the Consent to Search form, or if not available, using a dept-authorized recording device.
83
# 6.180
Can officers search an apartment if only one tenant is there and gives permission to search?
Yes. Consent is valid if the third person has equal authority over the business or residence and it can be concluded the absent person assumed the risk the cohabitant (roommate) might permit a search.
84
# 6.180
Can officers search an apartment if one tenant gives permission but the other denies the search?
No. Both must give permission.
85
# 6.180
Can officers search a minor's room if the parents give permission?
Yes, if the parents have routine access to the area and the minor is not paying rent.
86
# 6.180
Can a landlord give consent to search an apartment or unit?
No, if a lease or rental agreement is still valid.
87
# 6.180
What is Open View?
Open view applies when the officer sees contraband or evidence from a vantage point available to the public. To seize it, it must be located in an area open to the public and not protected by the Consitution.
88
# 6.180
What is Plain View?
Plain view is when police inadvertently discover evidence after making a lawful intrusion into a protected area, such as a residence or vehicle. The evidence must be immediately recognizable as such and be in plain view. Officers then should get a search warrant.
89
# 6.180
Can officers search the passenger compartment of a vehicle after a person is arrested out of the vehicle?
No
90
# 6.180
When can offices search a bag/backpack/wallet upon arrest?
Only if the subject has them in his actual and exclusive possession at the time of, or immediately proceeding, the arrest.
91
# 6.180
When can officers search a person of the opposite gender?
Will usually not, except when:
1. ) There is a reasonable likelihood that the suspect possess a weapon, or
2. ) The officer believes the suspect has evidence, which if not siezed immediately, can be lost or destroyed, or
3. ) There is no officer of the same genera readily available.
92
# 6.180
When can officers make searches?
Officer may only make searches pursuant to a search warrant, unless a specific exception applies.
93
# 6.180
What is a search exception where the need to protect or preserve life, avoid serious injury or protect property in danger of damage called?
Community Caretaking Search Exception.
94
# 6.181
When is an inventory search done?
1. ) When an officer impounds a vehicle
2. ) Takes possession of personal property for safekeeping, or
3. ) for personal property that has accompanied an arrestee to a secure police or jail facility.
95
# 6.181
What is the purpose of an inventory search?
Administrative in nature and necessary to:
1. ) Protect and account for property of the arrested person
2. ) Protect officer and Dept from false claims
3. ) Isolate dangerous items from police and jail facilities.
96
# 6.181
When must inventory searches occure?
Must occur as close in time as practical to placing an arrestee in a secure police or jail facility, or impoundment of the vehicle.
97
# 6.181
If an arrestee is eligible for bail, when will the officer search the arrestees property?
Not until the arrestee has had the opportunity to post bail.
98
# 6.181
Will officers perform inventory searches if the vehicle, personal item or contents are considered evidence?
No.
99
# 6.1881
Can officers do an inventory search of a trunk, closed containers or locked vehicles?
No. Officers will list these sealed containers on the Vehicle Report or Custodial Property Summary
100
# 6.181
What will officers use to document inventory searches?
Custodial Property Summary or Tow/Impound Record
101
# 6.185
The Search Warrant policy applies to which type of search warrants?
Administrative, dynamic and high-risk search warrants.
102
# 6.185
What is an administrative search warrant?
A search warrant that is served in a police-controlled environment or otherwise is low-risk.
103
# 6.185
What is a dynamic search warrant?
A warrant that is served where officers expect forced entry, and it is unknown if persons present are armed. It is lower than a high-risk warrant.
104
What is a high-risk search warrant?
A warrant that is served where there are known armed persons at the location, or the location is barricaded.
105
# 6.185
Who must approve an administrative search warrant?
A sergeant or above.
106
# 6.185
Who must approve dynamic and high-risk search warrants?
A Lt or above.
107
# 6.185
When must a Lt. consult with SWAT regarding a search warrant?
Whenever any high-risk factors are present.
108
# 6.185
Who can approve search warrants to be served outside the city?
A captain or above.
109
# 6.185
Can outside agencies serve SPD search warrants in their city?
Yes, if the agency chooses to and has the ability. SPD can also serve it.
110
# 6.185
What do warrants served outside Seattle require?
1. Captains permission
2. Supervisor contacts other agency and requests a supervisor from that agency be present.
111
# 6.185
Who writes the search warrant Operation Order and conducts the brief/debrief?
A sergeant or designee.
112
# 6.185
Who completes the search warrant after action?
The sergeant who was in charge of the warrant service.
113
# 6.185
Who keeps and retains the search warrant after actions?
Bureau Chief
114
Who can approve calling a judge's personal phone if communications cannot reach an on-call judge for a search warrant?
A sergeant.
115
# 6.185
What needs to be done prior to serving a narcotics search warrant?
One day prior, must be deconflicted with High-Intensity Drug Trafficking area or Western States Information Network.
116
# 6.120
Who can authorize a strip search?
A sergeant or above.
117
# 6.210
Where must strip searches occur?
Police facility or jail holding facility
118
# 6.210
Who must witness a strip search?
The sergeant authorizing it, unless the sergeant is of opposite sex. Then the sergeant will assign another sworn employee to witness it.
119
When is a strip search authorized?
1. Reasonable susp that suspect is concealing something dangerous.
2. Reasonable susp that the search is needed to discover a medical emergency.
3. Probable cause the suspect is concealing contraband that isn't dangerous.
120
Will strip searches be recorded on BWv?
No, unless something happens such as assault on an officer during the strip search.
121
# 6.220
What are the two types of a voluntary contact?
Social Contact and Non-Custodial Interview
122
# 6.220
What is a seizure?
When an officer, by means of physical force or show of authority, restricts the liberty of a person.
123
# 6.220
What is a social contact?
A voluntary and consensual encounter between the police and subject with the intent of engaging in casual and/or non-investigative conversation.
124
# 6.220
What is a non-custodial interview?
A voluntary and consensual investigatory interview where the subject is free to leave and/or decline any of the officer's requests. It is not a seizure.
125
# 6.220
When reasonable, what must an officer inform the suspect during a Terry stop or traffic stop?
1. Officer's name
2. Officer's rank
3. The fact the officer is a Seattle Police Officer
4. Reason for the stop
5. That the stop is being recorded.
126
# 6.220
What must officers do upon releasing a person at the end of a Terry Stop?
1. Advise person they are free to leave.
2. Offer an explanation to the circumstances and reasons for the stop.
3. Provide a person a business card with the event number as a receipt.
127
# 6.220
When may officers frisk a stopped subject?
Only if the officer has an articulable and reasonable safety concern that the person is armed and dangerous.
128
# 6.220
What is the purpose and scope of a frisk?
To discover weapons or other items which pose a danger to the officer or those nearby.
129
# 6.220
Can officers frisk on a social contact or non-custodial interview?
No.
130
# 6.220
What is a pretext stop?
Stopping a suspect for an infraction to investigate criminal activity for which the officer has neither reasonable suspicion or probable cause.
131
# 6.220
What circumstances is the subject of a stop required to provide identification?
1. When the subject is stopped for a traffic infraction.
2. When the subject is attempting to buy liqour
3. When the subject is carrying a concealed pistol.
132
# 6.222
Can officers transport a person to a police or jail facility for the sole purpose of identifying them?
Only if the officer has probable cause for an arrest.
133
# 6.222
How will officers document a Terry stop?
On a field contact. Offices will use a separate Field Contact for each person seized.
134
# 6.222
Do social contacts require documentation?
No, as they are not a seizure or detention.
135
# 6.280
Who makes the final decision on requests for SPD to directly transfer an arrestee to or from an outside agency? I.E. another agency makes an arrest for a SPD warrant and wants SPD to pick him up?
A patrol sergeant.
136
# 6.290
When a juvenile (under 18) meets the criteria for an involuntary commitment, where will the juvenile be sent?
Children's Hospital
137
# 6.290
Can a juvenile under 12 waive their Miranda rights?
No. Only the parent or guardian, who must be present, can waive the rights.
138
# 6.290
For juvenile criminal cases, what statements are required?
Officer statements, victim statements and witness statements are required.
139
# 6.290
Can SPD employees share juvenile records with an outside agency that is actively investigating the juvenile?
Yes
