5.100 Search And Seizure

Question 1

Are(s) 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 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 curtilage is always determined in favor of the property owner, not law enforcement.

Answer 1

Curtilage

Question 2

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.
(Not to be confused with hot pursuit.)

Answer 2

Fresh pursuit

Question 3

A sub-category of “exigent circumstances” allowing entry into a structure when there is probable cause to believe a dangerous person has committed a serious felony. The suspect is fleeing from law enforcement and the officer has direct knowledge of the suspect’s location. (Not to be confused with fresh pursuit.)

Answer 3

Hot pursuit

Question 4

1. Open view
2. Person has no standing to assert a legal right (property right or constitutional right)
3. Trash searches outside the curtilage
4. Detention facilities
5. Abandoned property
6. Searches by a private citizen not acting as an agent of the government

Answer 4

Exceptions to fourth amendment

Question 5

Community caretaking doctrine

Answer 5

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

Question 6

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).

Answer 6

Community caretaking search

Question 7

Emergency aid exception

Answer 7

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.

Question 8

However, if officers develop probable cause to arrest an occupant before exigency no longer exists, then an arrest can be made before vacating the residence.

Answer 8

Emergency aid exception- arresting

Question 9

Reasonable Suspicion Strip Search documentation

Answer 9

1Justification for requesting the search
2Date and place of the search
3)
Identity of the officer conducting the search
4 Identity of the individual searched
5)
Those present during the search
6)
A detailed description of the nature and extent of the search
7)
Any weapons, evidence, or contraband found during the search

Question 10

Motor vehicle searches with P/C

Answer 10

Search warrant
Consent search
Vehicle is readily mobile

Question 11

Motor vehicle search without P/C

Answer 11

Protective frisk for officer safety
Inventory
Consent search
Vin inspection

Question 12

Regardless of whether evidence is located within, the reasonable and articulable belief to open a locked container without consent must be documented either in PremierOne (P1) (no arrest/no evidence located) and/or on the DOAR or Officer’s Report (evidence found resulting in an arrest). If a locked container is damaged in the process of opening, it will be documented in CAD or in an Officer’s Report.

Answer 12

Locked containers during inventory - documentation for force

Question 13

Unopened locked containers during vehicle inventory

Answer 13

If entry into a locked container cannot be made, a notation on the Vehicle Impound Report (LVMPD
503) will be made as to the container that could not be inventoried.