Search And Seizure

Question 1

The department strictly adheres to the US constitution specifically the forth amendment. The fourth amendment protects an expectation of privacy that must be both _______________ and _____________.

Answer 1

1. Reasonable

2. Legitimate.

Question 2

The rules of the 4th amendment apply between the government (police) and the citizens, regardless of ____________.

Answer 2

Citizenship status.

Question 3

60 minute rule

Answer 3

An investigative detention based on REASONABLE SUSPICION is strictly limited to 60 minutes. NRS 171.123(4)

Question 4

Define abandonment

Answer 4

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

Question 5

Define admin search

Answer 5

Policy based searches which require no PC or RS. Can be done because it is spelled out in policy.

Question 6

Community care doctrine defined

Answer 6

Exception to the 4th amendment by law enforcement to save life and render aid.

Question 7

Four points of consent per policy

Answer 7

1. Be informed of intended search
2. Not be coerced
3. Have standing.
4. Be able to revoke at any time.

Question 8

Exigency circumstances defined

Answer 8

A time critical exception to the search warrant requirement for the purpose of acting in an investigative emergency, based on probable cause for a criminal investigation. Police can’t create the exigency.

Question 9

Define fresh pursuit

Answer 9

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. Note – not same as hot pursuit.

Question 10

What are the three levels of a police encounter.

Answer 10

1. Consensual encounter
2. Investigative detention or terry stop
3. Arrest

Question 11

Your officers stop a a vehicle and the driver refuses to identify himself what should he do?

Answer 11

Notify a supervisor to respond to the scene.

Question 12

Four types of seizures for a person

Answer 12

1. Investigative detention. (60 minute rule)
2. Vehicle stop
3. Arrest
4. Legal 2000

Question 13

2 types of seizure for a residence?

Answer 13

1. Premise freeze

2. Search warrant

Question 14

3 types of seizure for a vehicle

Answer 14

1. Vehicle stop
2. Impound
3. Search warrant

Question 15

5 types of seizure for property

Answer 15

1. Plain view
2. Abandonment
3. Premise freeze (electronic devices)
4. Search warrant
5. Safe keeping (protecting an item from theft or to determine ownership)

Question 16

What report must accompany a safekeeping of a firearm?

Answer 16

Only a property report is required per policy. Write the justification in the narrative section.

Question 17

Three warrantless searches of a person

Answer 17

1. Consent
2. Pat down
3. Search incident to arrest

Question 18

All pat downs must be preformed by the same gender officer. True or false

Answer 18

False,
Policy states whenever practical, a pat down and or search should be conducted by officers of the same gender as the subject.

Question 19

Field strip searches

Answer 19

Only done in the rarest of circumstances where life of officers and others might be at risk and only with explicit approval by the lieutenant. All searches must be conducted by the same gender officer.

Question 20

A body cavity can be conducted when consent is give. True or false

Answer 20

False. All body cavity searches require a search warrant.

Question 21

Three PC reasons to search a vehicle.

Answer 21

Search warrant
Vehicle is readily mobile
Consent to search

Question 22

4 none PC checks (searches)of a vehicle

Answer 22

Protective frisk
Inventory
Consent search
VIN inspection

Question 23

What should an officer do if a search is completed of a vehicle but no officers or arrest report is generated?

Answer 23

Detail the consent to search via CAD.