Search and Seizure

Question 1

The Fourth Amendment protects an expectation of privacy that must be both _____ and _____.

Answer 1

Reasonable - Legitimate

Question 2

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.

Answer 2

60

Question 3

Objective words or actions that clearly show a person has disclaimed ownership, dominion, and control over real or personal property.

Answer 3

Abandonment

Question 4

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.

Answer 4

Administrative Checkpoint

Question 5

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.

Answer 5

Administrative Search Warrant

Question 6

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.

Answer 6

Announce and Wait

Question 7

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.

Answer 7

Arrest

Question 8

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.

Answer 8

Blood Draw

Question 9

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.

Answer 9

Body Cavity Search

Question 10

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.

Answer 10

Community Caretaking Doctrine

Question 11

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).

Answer 11

Community Caretaking Search

Question 12

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.

Answer 12

Consensual Encounter

Question 13

Entry by invitation by a person with standing.

Answer 13

Consensual Entry

Question 14

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.

Answer 14

Consent - Consenting - Consent

Question 15

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.

Answer 15

Curtilage - Curtilage

Question 16

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.

Answer 16

Dynamic Search Warrant Service

Question 17

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.

Answer 17

Electronic Search Warrant

Question 18

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 18

Emergency Aid Exception

Question 19

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.

Answer 19

Evidentiary Blood Sample

Question 20

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.

Answer 20

Exigent Circumstance

Question 21

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.

Answer 21

Force Entry

Question 22

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.

Answer 22

Force Evidentiary Blood Sample

Question 23

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.

Answer 23

Fresh Pursuit

Question 24

An electronic device designed to provide approximate geographic location information.

Answer 24

GPS Tracker

Question 25

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.

Answer 25

High-Risk Search Warrant

Question 26

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.

Answer 26

Hot Pursuit

Question 27

Reasonable suspicion stop, also known as a “Terry stop,” is a seizure of a person for no more than 60 minutes, with the limited scope and purpose of conducting an investigation and for which a police officer must have
reasonable suspicion that a person is committing, has committed, or is about to commit a crime (NRS 171.123).

Answer 27

Investigative Detention

Question 28

A warrantless search that requires probable cause to: (1) prevent the destruction of evidence of a serious felony offense, or; (2) effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended, or; (3) hot or fresh pursuit.

Answer 28

Investigative Emergency Search

Question 29

An act, prohibited by this policy (see the Obtaining a Search Warrant section), described as soliciting a second judge after an initial judge refuses to authorize a search warrant.

Answer 29

Judge Shopping

Question 30

Any vehicle operating or capable of operating on public streets or highways, including automobiles, trucks, trailers, recreational vehicles, mobile homes, motor homes, motorcycles, and any other type of vehicle
whether self-propelled or towed.

Answer 30

Motor Vehicle

Question 31

A request for an order contained within the body of a search warrant that authorizes an affiant to serve a search warrant at any time of the day or night.

Answer 31

Nighttime Service Request

Question 32

A search warrant that authorizes a peace officer to enter a premises without first: (1) knocking on the door or ringing the doorbell and identifying the presence of the peace officer; or (2) identifying the presence of the peace officer and stating the intended purpose of the peace officer for entering the premises.

Answer 32

No-Knock Search Warrant

Question 33

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 33

Open View

Question 34

An open hand contact of a subject’s outer clothing to detect weapons on a person or contained within items “immediately associated with a person” (e.g., purse, backpack, etc.). The “_____ _____” is based on reasonable
suspicion or articulable facts that the person may be armed with a dangerous weapon and is a threat to the safety of the officer.

Answer 34

Pat-Down

Question 35

A search conducted of items that are transported to a detention facility as personal property. An inventory is not a search for evidence of a crime but is justified to protect an owner’s property while it is in custody of the police to ensure against claims of lost or stolen property, and to protect the police and the community from danger. Inventories must be done to standardized criteria which limits officer discretion and ensures that it is
not a guise for a general exploratory search.

Answer 35

Personal Property Inventory

Question 36

An additional warrant acquired following or during the service of a primary warrant. It is based on evidence found during the execution of the primary warrant that would exceed the scope of the primary warrant if seized.

Answer 36

Piggyback Warrant

Question 37

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 37

Plain Feel

Question 38

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 38

Plain View

Question 39

Entry into premises, with probable cause but without a search warrant, for the purpose of clearing persons and securing the premises in anticipation of obtaining a search warrant. No search or seizure of items will occur prior to the search warrant being issued. A _____ _____ will not be used as a planned investigative technique.

Answer 39

Premise Freeze

Question 40

Exists when the facts and circumstances known to an officer would warrant a prudent person in believing that a crime had been committed and that the accused had committed it.

Answer 40

Probable Cause to Arrest

Question 41

A “fair probability” that the items sought to be seized will be contained in the premises sought to be searched.

Answer 41

Probable Cause to Search

Question 42

A quick and limited search of premises for the safety of officers and others. It must be narrowly confined to a cursory visual inspection of those places in which a person might be hiding.

Answer 42

Protective Sweep

Question 43

Specific and articulable facts or circumstances that would lead a reasonable person to believe a crime has been, is being, or is about to be committed.

Answer 43

Reasonable Suspicion

Question 44

A court order issued upon a showing of “good cause” to protect the contents of an application and affidavit for a search warrant until a criminal complaint or indictment is filed or a court otherwise orders the application and affidavit for a search warrant unsealed.

Answer 44

Sealing Order

Question 45

A police intrusion on a reasonable and legitimate expectation of privacy.

Answer 45

Search

Question 46

A complete search of the arrestee. The search of the arrestee must be conducted at the time of arrest or immediately thereafter when the officer deems it safe to do so. The search should be more thorough than a patdown and will consist of removing all items from the arrestee’s pockets, shoes, socks, etc.

Answer 46

Search Incident to Arrest of a Person

Question 47

An order used in conjunction with a written application and affidavit directing officers to search particular places and/or seize persons or things.

Answer 47

Search Warrant

Question 48

A police interference with an individual’s freedom of movement by means of physical force or show of authority or meaningful interference with an individual’s possessory interests in property.

Answer 48

Seizure

Question 49

Authority, apparent authority, dominion, control and access to the place or items searched.

Answer 49

Standing

Question 50

A search of an individual requiring the removal of clothing to permit the visual inspection of private areas of the body.

Answer 50

Strip Search

Question 51

A search by a government agent, without justification, that constitutes an unreasonable intrusion into an area protected by the Fourth Amendment including a person’s residence, curtilage, vehicle, papers, or effects.

Answer 51

Trespass by Government Agents

Question 52

No person is reasonably believed to be present when officers enter the structure. The affiant will be prepared to articulate what investigative means were utilized to determine the structure was reasonably believed to be unoccupied.

Answer 52

Unoccupied Structure

Question 53

The _____ of a vehicle is based on reasonable suspicion or articulable facts that a person may have immediate access to a dangerous weapon and is a threat to the safety of the officer. The _____ must be confined to the areas of the vehicle where the person has access, and the officer may only enter unlocked compartments or areas where a weapon may be present.

Answer 53

(Vehicle Frisk) Frisk - Frisk

Question 54

An examination of all or a portion of a vehicle with either an investigatory motive (e.g., for the purpose of discovering fruits, instrumentalities, evidence of a crime, contraband, or to enter the vehicle to examine the
vehicle identification number [VIN] or determine ownership of the vehicle) or without an investigatory motive as in inventories of personal property conducted in conjunction with an impoundment of the vehicle.

Answer 54

Vehicle Search

Question 55

_____ entry into a residence is not permitted under the Community Caretaking Doctrine.

Answer 55

Warrantless

Question 56

The emergency aid exception is a recognized exception to a warrant requirement and allows officers to make a _____ entry to summon emergency medical assistance or to protect an occupant from imminent bodily harm.

Answer 56

Warrantless

Question 57

There are three levels of police interaction for the purpose of criminal investigation: (1) _____ _____, which is completely voluntary and for which a police officer needs no justification; (2) the _____ _____ or _____ _____, which is a seizure of no more than 60 minutes (NRS 171.123) with limited scope and purpose for conducting an investigation and for which a police officer must have reasonable suspicion the person being detained is committing, has committed, or is about to commit a crime, and; (3) the ____ for which a police officer must have probable cause.

Answer 57

Consensual Encounter
Investigative Detention or Terry Stop
Arrest

Question 58

There are two types of traffic offenses: _____ and _____.

Answer 58

Primary
Secondary

Question 59

Officers may seize _____, _____/_____, _____, and _____ as part of their routine duties.

Answer 59

Persons
Residences/Structures
Vehicles
Property

Question 60

A pat down (frisk of a person) is limited to the recovery of weapons that may pose a risk to officer safety. It may be conducted by any officer who has reasonable suspicion to believe that the person who has been detained, pursuant to an investigative detention, may be _____ and _____.

Answer 60

Armed
Dangerous

Question 61

If a vehicle is _____ _____ and probable cause exists to believe it contains contraband or evidence, the Fourth Amendment permits officers to search the vehicle.

Answer 61

Readily Mobile

Question 62

Prior to allowing persons to re-enter a vehicle on a traffic or vehicle stop, an officer may conduct a frisk of the vehicle for weapons. The officer must be able to articulate _____ _____ that a weapon is contained inside the vehicle.

Answer 62

Reasonable Suspicion

Question 63

An officer who is legally present in a structure may conduct a protective sweep if there is _____ _____ to believe there is a threat to safety from a person in the structure.

Answer 63

Reasonable Suspicion