Search and Seizure Flashcards
The Fourth Amendment protects an expectation of privacy that must be both _____ and _____.
Reasonable - Legitimate
An investigative detention based on reasonable suspicion is strictly limited to _____ minutes (see Nevada Revised Statute [NRS] 171.123[4]). Any detention beyond _____ minutes is a de facto arrest and requires probable cause to justify.
60
Objective words or actions that clearly show a person has disclaimed ownership, dominion, and control over real or personal property.
Abandonment
These are “policy justified” searches that do not require reasonable suspicion or probable cause; however, the intrusion in such cases must be brief and slight, and the determination of who to stop must be made according to some articulable, non-arbitrary standard and comply with NRS 484B.570.
Administrative Checkpoint
A warrant issued by a judge on the application of an administrative agency. Administrative agencies with enforcement powers seek administrative warrants to search for contraband or other evidence of non- compliance with the law.
Administrative Search Warrant
A protocol requiring officers to announce their authority and purpose before entering a premises, allowing a reasonable amount of time for occupants to comply. Officers may do this using a ruse, bullhorn, public address (PA) system, etc.
Announce and Wait
The taking of a person into custody in a manner allowed by law. An _____
may be made by a peace officer or by a private person (see NRS 171.104). It is a show of authority by an officer, in words or actions or both, which would cause a reasonable person to think they were being deprived of their liberty more than temporarily (i.e., more than an investigative detention), and involves either:
1. Submission by the subject to the officer’s show of authority, or
2. An actual physical touching that places the subject under the control
of the officer.
Arrest
The collection of a blood sample to determine the presence of drugs or alcohol when submitted for laboratory analysis. This sample may be obtained with consent, a search warrant or, on rare occasions, without a search warrant if exigent circumstances exist.
Blood Draw
Any search involving the internal physical examination of the body. The search must be performed with a search warrant and by a physician or, other medically trained personnel. NRS 179.063 defines a _____ _____ _____ as a touching or probing of the rectum or vagina of a female person, or the rectum of a male person, regardless of whether there is actual penetration. LVMPD further defines a body cavity as any internal organ.
Body Cavity Search
An exception to the Fourth Amendment’s warrant requirement based on the public’s expectation that law enforcement may take action to save life or render aid.
Community Caretaking Doctrine
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 (i.e., Legal 2000).
Community Caretaking Search
A completely voluntary police interaction with members of the public, requiring no legal justification for the interaction, where a reasonable person would feel free to disregard the police and go about their business.
Consensual Encounter
Entry by invitation by a person with standing.
Consensual Entry
Agreement, approval, or permission to act. A person giving _____ must do so freely and voluntarily. A person _____ must: (1) be informed (tell the subject what is being searched for); (2) not be coerced; (3) have actual authority or apparent authority (“standing”); and (4) have the ability to revoke _____ at any time during the search.
Consent - Consenting - Consent
Area(s) near a residence where the residents have a reasonable expectation of privacy. Considerations in determining whether an area is _____ and subject to the protections of the Fourth Amendment 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 to which an area is put; (4) steps taken to protect the area from observation from passers-by. The legal protection associated with _____ is always determined in favor of the property owner, not law enforcement.
Curtilage - Curtilage
Refers to the service of a search warrant where officers enter premises with speed and versatility, employing surprise tactics and elements to ensure safety and effectiveness.
Dynamic Search Warrant Service
A method for obtaining a search warrant that uses the internet to send and receive a search warrant application and affidavit to/from a judge. For security purposes, only an LVMPD-approved method of transmission is permitted.
Electronic Search Warrant
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.
Emergency Aid Exception
A sample of blood that is obtained to determine the presence of drugs, or alcohol, to obtain DNA, or conduct communicable disease testing. This sample may be obtained with consent or a search warrant, or when the officer can articulate exigent circumstances.
Evidentiary Blood Sample
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 _____ _____ or use a ruse to affect a warrantless search.
Exigent Circumstance
Entry into a structure or vehicle that requires a tool or use of force to gain entry and may cause damage to the structure or vehicle. A “tool” includes a ram, Halligan tool, etc.
Force Entry
A sample of blood that is obtained using reasonable force and is used to determine the presence of drugs, alcohol, to obtain DNA, or to conduct communicable disease testing. This type of blood draw will occur only with a search warrant and after a person has refused to provide samples in compliance with a search warrant and has been informed the search warrant authorizes the use of reasonable force to collect the blood
sample.
Force Evidentiary Blood Sample
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
An electronic device designed to provide approximate geographic location information.
GPS Tracker
An authorized search of a location where the potential for danger to law enforcement personnel or occupants is elevated due to the presence of an armed and/or violent occupant(s), volatile circumstances, and/or criminal activities that pose a threat to public safety. Elements to consider include unknown or violent criminal history associated with person(s) present, premises is fortified, suicidal occupant(s), seriousness of the crime being investigated, and other factors that may indicate an increased risk of danger.
High-Risk Search Warrant