Search and seizure

Question 1

An exception to the fourth amendments warrant requirement based on the public’s expectation that law enforcement may take action to save life or render aid.

Answer 1

Community Care Taking Doctrine

Question 2

A Non Criminal encounter with a citizen or vehicle that is intended for law enforcement to investigate a serious medical concern or other life safety issues.

Answer 2

Community Care Taking Search

Question 3

Areas near a residence where the residents have a reasonable expectation of privacy. Considerations in Determining whether an area is Curtilage and subject to the protections of the fourth amendement are :
1. Proximity of the area to the home
2. Whether the area is included in an enclosure which surrounds a home
3. Nature of uses t which an area is put
4. Steps taken to protect the area from observation of passers by.
The legal protection associated with curtilage is always determined in favor of the property owner, not law Enforcement .

Answer 3

Curtilage

Question 4

The fourth Amendment protects an expectation of privacy that must be both _______ and _____

Answer 4

Reasonable, legitimate

Question 5

A warrantless entry into a home when an emergency exists and there is a need to render aid or to protect an individual from immediate harm from themselves or others

Answer 5

Emergency Aid Exception

Question 6

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. Police cannot create the exigent circumstance or use a ruse to affect a warrantless search.

Answer 6

Exigency

Question 7

What a person knowingly exposes to the public is not protected by the fourth amendment no matter where the exposure takes place. It does not justify a warrantless seizure

Answer 7

Open View

Question 8

An open hand contact of a subjects outer clothing to detect weapons on a person or contained within items “immediately associated with the person” (eg. purse, backpack, etc). The pat down is based on reasonable suspicion or articulable facts that the person may be armed with dangerous weapon and is a threat tot he safety of the Officer.

Answer 8

Pat Down

Question 9

If during a pat down the officer feels an item that is not suspected to be a weapon but is immediately apparent without manipulation from the mass and shape that the item is probably contraband, the officer can legally seize the item.

Answer 9

Plain Feel

Question 10

An exception to the search warrant requirement that must satisfy these conditions:
1. The officer must be in a position where there is a legal right to be, 2. The items must be immediately recognizable as contraband or evidence; and 3 the seizure must be made without substantial additional intrusion.

Answer 10

Plain view

Question 11

Warrantless entry to a residence is not permitted under the _______ _______ _______

Answer 11

Community Caretaking Doctrine

Question 12

The department will limit interactions under the ________ _______ _______ to welfare checks on individuals who are outside of a residence and during certain traffic stops (e.g , vehicle stop is being conducted because there is a medical need).

Answer 12

Community Caretaking Doctrine

Question 13

Exceptions related to criminal investigations where the Fourth Amendment does not apply are:

Answer 13

Open View
Person has no standing to assert a legal right
Trash Searches outside Curtilage
Detection Facilites
Abandoned Property
Searches by Private Citizen not acting as an agent of the government

Question 14

Community Caretaking Doctrine:
The officers intent and motivation must be to ______ ______ or ______ _____

Answer 14

Save Life or Render Aid

Question 15

Three levels of police interaction

Answer 15

Consensual
Investigative Detention
Arrest

Question 16

Investigative Detentions, aso known as reasonable suspicion stops, or Terry Stops, allow an officer to stop a person to ascertain their:

Answer 16

Identity
Purpose

Question 17

All Strip Searches will be conducted by officers of the ________ _______ as the subject

Answer 17

Same Gender

Question 18

Field strip searches pf prisoners will be conducted only in the re\arest of circumstances where the life of officers or others may be placed at risk and only with the ________ __________ of a lieutenant and only in the presence of __ __________

Answer 18

Explicit approval, a supervisor

Question 19

Pursuant to a Lawful stop, vehicles may be searched under the following circumstances :
PC evidence contained in vehicle

Answer 19

Search Pursuant to a Search Warrant
Vehicle is readily Mobile
Consent Search

Question 20

Pursuant to a lawful stop, vehicles may be searched under the following circumstances:
No PC evidence is contained in vehicle

Answer 20

Protective Frisk for officer safety
Inventory
Consent Search
VIN inspection

Question 21

If no officers report or DOAR is generated, the officer will document the consent given for the search in ______ prior to clearing the call.

Answer 21

CAD

Question 22

Consent must be documented in one of the following forms: 1. ________ ________, 2_________, 3______
Consent may be revoked at any time by the consenting party (an officer must be within a reasonable distance so consent may be verbally revoked). If anyone who is present, and has _______, objects to a search, a search warrant must be obtained.

Answer 22

Electronically Recorded, written, verbal, standing

Question 23

If a vehicle is ______ _______ and _____ ______ exists to believe it contains contraband or evidence, the Fourth Amendment permits officers to search the vehicle. The search may include all locked or unlocked containers inside the vehicle where the item may be found.

Answer 23

Readily mobile, probable cause