Search and Seizure

Question 1

SS:

The 4th amendment protects an expectation of privacy that is both ____________ and _____________?

Answer 1

Reasonable

Legitimate

Question 2

SS:

4 prongs to consent?

Answer 2

1) Be informed (subject must know what they are consenting to).
2) Not be coerced.
3) They must have the actual authority or apparent authority (Standing) to consent.
4) They must have the ability to revoke consent at anytime.

Question 3

SS:

Considerations for curtilage areas reference the 4th amendment?

Answer 3

1) The proximity of the area to the home
2) Is the area enclosed
3) Uses of the area
4) Steps taken to protect the area from passers-by.

Question 4

SS:
A Time-critical exception to the search warrant requirement for the purpose of acting on the investigative emergency based on PC is?

Answer 4

An Exigent Circumstance

Question 5

SS:
What a person openly exposes to the public is not protected by the 4th amendment no matter where the exposure takes place is?

Answer 5

Open View

Question 6

SS:

T/F items located reference Open View may be immediately seized?

Answer 6

False, Open view allows for a warrantless search, but not a warrantless seizure

Question 7

SS:
An officer is conducting a patdown wherein he feels an object he identifies as a glass blown pipe concealed in the subject’s waistband, can the officer immediately retrieve the pipe? why or why not?

Answer 7

Yes, under the plain feel doctrine

Question 8

SS:

What are the requirements for the Plain View doctrine?

Answer 8

1) The officer must be lawfully present at the location
2) The item must be readily identifiable
3) the item must be obtained without further intrusion

Question 9

SS:

(6) Exceptions related to criminal investigations, wherein the 4th Amendment does not apply include?

Answer 9

1. Open View
2. No Standing
3. Trash searches outside the curtilage
4. Detention centers
5. Abandoned property
6. Searches by citizens not acting as a police agent.

Question 10

SS:

In order for a welfare check to be lawful under the community caretaker doctrine what is required?

Answer 10

1) Must not be part of any criminal investigation.
2) The intent is to save life or render aid.
3) Facts must support both 1 and 2.

Question 11

SS:
Officer Friess is conducting a welfare check pursuant to the caretaker doctrine. During which he locates a pound of cocaine on the kitchen table. Can Officer Friess now initiate a criminal investigation or is this fruit of the poisonous tree?

Answer 11

Yes, he may initiate an investigation as long as the facts supported a legitimate welfare check at the time of discovery.

Question 12

SS:

Officers damaging property during welfare check are required to ?

Answer 12

Complete and OR and photograph damage.

Question 13

SS:

Name the 4 levels of Citizen Contact/Interaction and the justification for each?

Answer 13

Consensual = None
Detention = RS
Arrest = PC
Traffic = NRS traffic laws

Question 14

SS:

T/F an officer’s SUBJECTIVE intentions for contacting a citizen are what really matters in a court review.

Answer 14

False, The OBJECTIVE ACTIONS and what an officer actually does are what matters. The intentions of an Officer are NOT RELEVANT

Question 15

SS:

T/F citizens are required to provide identification upon request form an Officer?

Answer 15

False, only to provide their name and additional personal identifying information (DOB, SSN).

Question 16

SS:

During a traffic stop, a driver refuses to provide documentation to the officer, how is this handled?

Answer 16

1) They will be considered a passive resistant subject

2) A supervisor will respond and determine how to proceed.

Question 17

SS:

T/F a secondary offense for a traffic stop is sufficient for a stop?

Answer 17

False

Question 18

SS:

When a firearm is taken for safekeeping it can take _____ to be returned?

Answer 18

30 days.

Question 19

SS:

Whenever ________ a patdown and/or search should be conducted by officers of the same gender as the subject?

Answer 19

Practical

Question 20

SS:

The only exception to the body cavity search warrant requirement is?

Answer 20

a consensual buccal swab

Question 21

SS:

Reference Body Cavity Searches, what should an officer do if he/she believes a medical emergency exists?

Answer 21

Transport to a medical facility where corrections personnel will ensure the subject is held in isolation under continuous supervision.

Question 22

SS:

List the types of vehicle searches and the requirements or justifications for each?

Answer 22

1) Search Warrant = PC
2) The vehicle is readily mobile = PC
3) Consent Search = NONE
4) Protective Frisk = RS
5) Inventory = Lawfully Impounded
6) VIN Inspection = Lawfully stopped, front window obscured.

Question 23

SS:

T/F during a frisk, Officers may search a locked trunk?

Answer 23

False

Question 24

SS:
On a car stop, the passenger in the vehicle is determined to be the owner of the vehicle. The driver of the vehicle is her son who, regularly uses the vehicle and has personal items inside. The passenger consents to a full search of the vehicle, however, the driver refuses to allow officers to search the trunk, can officers search the trunk?

Answer 24

NO, a SW is required

Question 25

SS: | If no documentation is generated as a result of a search, how is consent documented?

Answer 25

In CAD.

Question 26

SS: | T/F During searches with a SW, all areas may be searched to include locked containers?

Answer 26

True

Question 27

SS: Absent exigent circumstances or consent, officers are required to have an AW or a SW to enter a structure for the purpose of making a PC arrest, defines the__________?

Answer 27

Payton Rule

Question 28

SS: Absent exigent circumstances or consent, officers are required to have a SW to enter a structure owned by a third party for the purpose of making a PC arrest, the warrant requires that officers have (1) PC to believe the suspect is located in the structure and (2) a showing of why it is reasonable to make entry into the structure rather than waiting for the suspect to exit defines the__________?

Answer 28

Steagald Rule

Question 29

SS: | What happens when the exigent circumstances of a warrantless search ends?

Answer 29

The search must immediately stop.

Question 30

SS: | Requests for a "Keep the Peace" at an outside agency's admin SW require the approval by?

Answer 30

An LT and a notification made to the WC.

Question 31

SS: | Supervisor responsibilities for an ADMIN warrant

Answer 31

1) Respond. 2) Review the warrant for the judge's signature and content. 3) Ensure the appropriate number of uniforms present. 4) Marked unit in front of the structure. 5) Announce before entering. 6) Ensure dispatch is aware of the entrance. 7) Turn over the structure to requesting third party agency. 8) Get a copy of the warrant.

Question 32

SS: | Prior to applying for a SW what classes does LVMPD require officers to attend?

Answer 32

1. Infromant management | 2. SW prep

Question 33

SS: | Per Policy ALL Misdemeanor CRIMINAL offenses allow for an arrest?

Answer 33

False

Question 34

SS: | What two things are Officers legally allowed to obtain on a RS stop, before ending the detention?

Answer 34

1) Identity | 2) Purpose

Question 35

SS: | Field Strip Searches require (3) things, what are they?

Answer 35

1. A life-threatening circumstance 2. An LT's approval 3. The presence of a supervisor

Question 36

SS: | The Search and Seizure Committee will meet ______ to review and discuss search and seizure policy and training?

Answer 36

Quarterly

Question 37

SS: T/F, A marked patrol unit is required to be parked in plain sight of the target premise (when possible) when servicing a search warrant?

Answer 37

True