Exceptions to 4th amendment
NO ADAPT - search w/out a warrant
NO ADAPT
N - no standing
O - open view
A - abandoned property
D - detention facilities
A - Airport searches (special needs search)
P - private citizen (not acting as agent)
T - trash outside curtilage
Exceptions to warrant rule
SPICE VC - 4th amendment does not apply
SPICE VC
S - search incident to lawful arrest
P - plain view/pat down/ protective sweep
I - inventory
C - consent (by person w/ standing)
E - Exigent circumstances (to include hot pursuit)
V - vehicle exceptions
C - community caretaking
Terry v Ohio
police officer may stop and frisk without probable cause if they have reasonable suspicion
A person consenting must:
- be informed
- not be coerced
- able to revoke consent at any time
- have authority to give consent
Tactical Field Care -> XABC
X - exsanguination (deadly bleeding)
A - airway (recovery position)
B - breathing (head tilt, chin lift)
C - circulation
Graham v connor
reasonableness must be judged from the perspective of a reasonable officer
Factors when determining reasonable force (Graham v connor)
- severity of crime
- whether subject poses an immediate threat to safety of officers or others.
- whether subject is actively resisting arrest or attempting to evade arrest by flight
Factors when determining reasonable force (LVMPD)
- influence of drugs/alcohol or mental capacity of subject
- time available to an officer to make a decision
- availability of officers/resources (including # of officers present) to de-escalate the situation
- The proximity or access of weapons to the subject.
- The environmental factors and/or other exigent circumstances.
Officer may use reasonable force to:
- protect themselves
- protect others
- affect lawful detention
- affect lawful arrest
- conduct lawful search
Levels of resistance
C - compliant
O - obstructive
A - assaultive
L - life-threatening
