Law Enforcement Search and Seizure

Study Flashcards Play Quiz

Questions and Answers

What is the primary focus of the lesson plan?

Searches of persons and vehicles

What is the primary reason for handcuffing or restraining a suspect before searching?

To protect the officer from potential danger

What is the purpose of identifying verbal and non-verbal elements of a person's behavior?

To establish probable cause for a search

What type of search requires the involvement of a medical practitioner in RSMO?

Body cavity search Signup and view all the answers

What is the main objective of the practical exercise in the lesson plan?

To practice searching persons and vehicles Signup and view all the answers

Why is it important to identify the justification and scope for conducting different types of searches?

To ensure the search is legal and justified Signup and view all the answers

What is one of the physical elements that may aid in establishing probable cause to search a vehicle?

The number of occupants in the vehicle Signup and view all the answers

What is the total time allocated for the lesson plan?

4 hours Signup and view all the answers

What is a potential indicator of a suspect's involvement in illegal activity?

A suspect's over-informative answers to direct investigative questioning Signup and view all the answers

What should an officer do when searching a vehicle at night?

Turn off the headlights and turn on the spotlight to illuminate the back seat Signup and view all the answers

Where might a suspect hide a weapon or contraband in a vehicle?

All of the above Signup and view all the answers

What is the purpose of a frisk search?

To discover weapons Signup and view all the answers

What should an officer do when searching a vehicle with multiple occupants?

Wait for backup before searching the vehicle Signup and view all the answers

What is a common location for suspects to hide controlled substances in a vehicle?

Behind the sun visor Signup and view all the answers

What is a factor that may affect the conduct of a personal search?

The officer's personal safety Signup and view all the answers

What type of search is conducted incident to an arrest?

Search incident to arrest Signup and view all the answers

Why is it important to conduct a thorough search of a vehicle?

To ensure the officer's personal safety Signup and view all the answers

What should an officer do before conducting a search of a vehicle?

Take time to plan the search before executing it Signup and view all the answers

What is the primary reason for stopping and frisking an individual?

To have knowledge of facts that reasonably lead to believing the suspect is involved in criminal activity and may be armed and dangerous Signup and view all the answers

When can you conduct a search incident to arrest?

At the time and place of the arrest Signup and view all the answers

What is the purpose of handcuffing a person?

To incapacitate the person Signup and view all the answers

What is the recommended technique for searching a female suspect?

Instructing the female to pull her clothing tight against her body Signup and view all the answers

What is the purpose of a strip search?

To search for contraband or evidence Signup and view all the answers

When can a body cavity search be conducted?

When there is probable cause to believe the person is concealing a weapon or evidence Signup and view all the answers

What is the recommended position for searching a suspect?

All of the above Signup and view all the answers

What should you avoid doing during a search?

Assuming that if you find one weapon, it is the only weapon Signup and view all the answers

What should you do if you find one weapon during a search?

Continue searching the rest of the body Signup and view all the answers

Why should a male officer try to call a female officer for assistance when searching a female suspect?

To avoid allegations of impropriety Signup and view all the answers

What is a critical factor in determining when to conduct a body cavity search?

Presence of probable cause Signup and view all the answers

What is a key consideration when handcuffing a suspect?

Keeping gun side away from the suspect Signup and view all the answers

What is the recommended position for temporarily incapacitating a suspect?

Prone with arms outstretched Signup and view all the answers

Why is it important to evaluate the risk in a situation?

To articulate reasoning in writing or verbally Signup and view all the answers

What is a common basis for conducting a warrantless vehicle search?

Probable cause Signup and view all the answers

What may indicate that a driver is trying to conceal contraband or a weapon?

Slowing down and hesitating to stop Signup and view all the answers

What should you avoid when dealing with multiple subjects?

Letting them surround you Signup and view all the answers

Who should conduct a body cavity search?

A registered nurse Signup and view all the answers

What is a key consideration when approaching a suspect?

Approaching from the rear Signup and view all the answers

When searching persons, what should you not be?

In a hurry Signup and view all the answers

Why is it important to keep the gun side away from the suspect?

To ensure the officer's safety Signup and view all the answers

Where might weapons or contraband be hidden?

In hats, baby diapers, athletic shoes, and other concealed areas Signup and view all the answers

What is a common physical element that may aid in establishing probable cause to search a vehicle?

All of the above Signup and view all the answers

What will the instructor use during a practical exercise?

Trainee vehicles with simulated contraband Signup and view all the answers

What will trainees practice in Room 178?

Searching persons Signup and view all the answers

Why is it necessary to check the subject for a firearm?

To minimize the officer's risk Signup and view all the answers

What behavior suggests that the occupants may have something to hide?

Displaying characteristics of stress Signup and view all the answers

What is an example of furtive movement?

Reaching towards the glove box Signup and view all the answers

What can be a factor in determining the level of threat potential of a vehicle?

The type of vehicle Signup and view all the answers

Under what circumstances can an officer conduct a brief search of a vehicle?

If the officer reasonably suspects the motorist is dangerous Signup and view all the answers

What is the purpose of searching incident to arrest?

To ensure the officer's safety Signup and view all the answers

What is the significance of plain view during an arrest?

It allows the officer to seize items without a warrant Signup and view all the answers

What is an example of a situation where an officer may have probable cause to search a vehicle?

A vehicle involved in an armed robbery Signup and view all the answers

Why is it important to consider the occupants' behavior during a traffic stop?

To assess the level of threat potential Signup and view all the answers

What can be a factor in determining the officer's level of risk during a traffic stop?

The occupants' behavior Signup and view all the answers

According to the motor vehicle exception, when can a warrantless search of a car be conducted?

At any time and place, as long as the car was in motion or mobile at the time of arrest Signup and view all the answers

What is the purpose of an inventory search of a lawfully impounded automobile?

To follow departmental policy and protect the officer's safety Signup and view all the answers

When stopping a suspicious vehicle, what should an officer do?

Wait for backup to arrive Signup and view all the answers

What is an important aspect of survival consciousness when searching a vehicle?

Not turning your back on the occupants Signup and view all the answers

Where might an officer search for contraband in a vehicle?

In multiple locations, including under seats, glove compartments, and behind sun visors Signup and view all the answers

What is a recommended procedure when searching a vehicle at night?

Turning off the headlights and using a flashlight Signup and view all the answers

What is the purpose of a thorough search of a vehicle?

To ensure officer safety Signup and view all the answers

When conducting a search of a vehicle, what should an officer do with the occupants?

Have them stand in a safe location, facing away from the officer Signup and view all the answers

Why is it important to search a vehicle in a methodical manner?

To ensure that all areas of the vehicle are searched thoroughly Signup and view all the answers

What should an officer do before searching a vehicle?

Develop a plan for how to methodically search the vehicle Signup and view all the answers

Study Notes

Searching Persons and Vehicles

Introduction

The Constitutional aspects of searching persons and vehicles are reviewed
Tactical approaches to conducting searches are discussed and practiced

Identifying Probable Cause

Verbal and non-verbal elements that aid in establishing probable cause:
- Suspect's refusal or reluctance to answer direct investigative questions
- Over-informative answers to direct investigative questioning
- Refusal to make normal eye contact during field interview
- Changing walking pace, pattern, or direction
- Voice shaking or trembling during field interview
- Suspect known to carry weapons or contraband
- Reaching into pockets upon noticing officer presence

Types of Searches

Frisk:
- Carefully limited search of outer clothing to discover weapons
- May be conducted if:
  - Officer has knowledge of facts that reasonably lead to believe suspect is involved in criminal activity
  - Officer has identified themselves as a police officer and made reasonable inquiries
  - Suspect's response to stopping and questioning does not relieve officer's suspicions
Search incident to arrest:
- May be conducted incident to a valid arrest
- Search of arrested person and area into which they might reach for a weapon or evidence
- Search of adjacent spaces from which a person hiding could attack
Strip search:
- Removal or rearrangement of clothing to permit an inspection of genitals, buttocks, anus, breasts, or undergarments
- Requires probable cause to believe person is concealing a weapon, evidence, or contraband
Body cavity search:
- Inspection of a person's anus or genitalia
- Requires probable cause to believe person is concealing a weapon, evidence, or contraband
- Must be conducted by a medical practitioner

Searching Persons

Three positions used by officers:
- Standing
- Kneeling
- Prone
Techniques for searching:
- Handcuffing and searching
- Evaluating the risk in the situation and taking reasonable and prudent action
- Articulating reasoning in a report or in court

Vehicle Searches

Justification and scope:
- Frisk
- Search incident to arrest
- Plain view
- Motor vehicle exception
- Inventory procedure
Physical and verbal elements that may establish probable cause:
- Nature of the offense in which the vehicle is involved
- Number of occupants in the vehicle
- Behavior of occupants
- Suspect vehicle turning at a 45-degree angle toward the police
- Type of vehicle involved
- Knowledge of weapons involved via intelligence
Methods for conducting vehicle searches:
- Pat-down searches
- Searching the passenger compartment
- Searching containers inside the vehicle
- Plain view seizures
- Motor vehicle exception searches
- Inventory searches

Conducting a Vehicle Search

Prior planning and patience are necessary
Never search an occupied vehicle
At night, turn off headlights, turn on interior lights, and use a lighted spotlight
Wait for backup when possible
Ask occupants to step to the curb and be searched
Group occupants and seat them on the curb
Try to get them to spread their legs and place their palms on the pavement### Vehicle Search Methodology
Make a plan before searching the vehicle to ensure a thorough and systematic search.

Thorough Search of Vehicle

Check under:
- Seats, including springs
- Arm rests
- Divided bench seats
- Glove compartments and trays
- Lip of dash
- Top and bottom of radio
- Top and bottom of tape deck
- Floor of auto, including:
  - Under floor mats
  - Under loose carpeting
  - False floor compartments
Check:
- Behind sun visor
- Under items resting on floor, such as:
  - Clothing/rags
  - Boxes/bags
- Arm rests on doors
- Quarter panels
- Ash trays and underside of ash trays
- Inside and back of stereo speaker
- Rear deck behind seat, including under covers if covered
- Under headrests
- Under and behind taped fabric

Survival Consciousness

Avoid apathy when conducting searches
Search with a partner, and ensure another officer is on the scene to control occupants
Maintain safety:
- Don't turn your back
- Don't expose your gun side
- Don't reach into areas blindly
- Use a small hand mirror, gloves, and flashlight to inspect dark or shadowed areas

Searching a Vehicle Alone

Have occupants stand in a safe location, such as:
- Between patrol vehicle and their auto
- On the shoulder of the road
Instruct occupants to:
- Face away from you
- Keep looking up to check location, behavior, and kinesics
Never allow occupants to locate themselves behind you
Be wary of multiple subjects moving around to subtly put you at a disadvantage
Don't be afraid to advise or instruct persons what to do while searching
Be methodical and maintain control of the situation

Practical Exercises

Trainees will practice searching persons and vehicles in a controlled environment
Instructor will hide simulated contraband and weapons in trainee vehicles for practice

Stealth Weapons and Concealment

Identify common methods of concealment, including:
- Guns in:
  - Hats
  - Baby diapers
  - Athletic shoes
  - Pagers
  - Belt buckles
  - Purses
- Knives, needles, and razor blades in:
  - Wallets
  - Pant legs
  - Socks
  - Trouser cuffs
  - Inside linings
  - Behind labels
  - Inside of belts

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Law Enforcement Search and Seizure

Questions and Answers

What is the primary focus of the lesson plan?

What is the primary reason for handcuffing or restraining a suspect before searching?

What is the purpose of identifying verbal and non-verbal elements of a person's behavior?

What type of search requires the involvement of a medical practitioner in RSMO?

What is the main objective of the practical exercise in the lesson plan?

Why is it important to identify the justification and scope for conducting different types of searches?

What is one of the physical elements that may aid in establishing probable cause to search a vehicle?

What is the total time allocated for the lesson plan?

What is a potential indicator of a suspect's involvement in illegal activity?

What should an officer do when searching a vehicle at night?

Where might a suspect hide a weapon or contraband in a vehicle?

What is the purpose of a frisk search?

What should an officer do when searching a vehicle with multiple occupants?

What is a common location for suspects to hide controlled substances in a vehicle?

What is a factor that may affect the conduct of a personal search?

What type of search is conducted incident to an arrest?

Why is it important to conduct a thorough search of a vehicle?

What should an officer do before conducting a search of a vehicle?

What is the primary reason for stopping and frisking an individual?

When can you conduct a search incident to arrest?

What is the purpose of handcuffing a person?

What is the recommended technique for searching a female suspect?

What is the purpose of a strip search?

When can a body cavity search be conducted?

What is the recommended position for searching a suspect?

What should you avoid doing during a search?

What should you do if you find one weapon during a search?

Why should a male officer try to call a female officer for assistance when searching a female suspect?

What is a critical factor in determining when to conduct a body cavity search?

What is a key consideration when handcuffing a suspect?

What is the recommended position for temporarily incapacitating a suspect?

Why is it important to evaluate the risk in a situation?

What is a common basis for conducting a warrantless vehicle search?

What may indicate that a driver is trying to conceal contraband or a weapon?

What should you avoid when dealing with multiple subjects?

Who should conduct a body cavity search?

What is a key consideration when approaching a suspect?

When searching persons, what should you not be?

Why is it important to keep the gun side away from the suspect?

Where might weapons or contraband be hidden?

What is a common physical element that may aid in establishing probable cause to search a vehicle?

What will the instructor use during a practical exercise?

What will trainees practice in Room 178?

Why is it necessary to check the subject for a firearm?

What behavior suggests that the occupants may have something to hide?

What is an example of furtive movement?

What can be a factor in determining the level of threat potential of a vehicle?

Under what circumstances can an officer conduct a brief search of a vehicle?

What is the purpose of searching incident to arrest?

What is the significance of plain view during an arrest?

What is an example of a situation where an officer may have probable cause to search a vehicle?

Why is it important to consider the occupants' behavior during a traffic stop?

What can be a factor in determining the officer's level of risk during a traffic stop?

According to the motor vehicle exception, when can a warrantless search of a car be conducted?

What is the purpose of an inventory search of a lawfully impounded automobile?

When stopping a suspicious vehicle, what should an officer do?

What is an important aspect of survival consciousness when searching a vehicle?

Where might an officer search for contraband in a vehicle?

What is a recommended procedure when searching a vehicle at night?

What is the purpose of a thorough search of a vehicle?

When conducting a search of a vehicle, what should an officer do with the occupants?

Why is it important to search a vehicle in a methodical manner?

What should an officer do before searching a vehicle?

Study Notes

Searching Persons and Vehicles

Introduction

Identifying Probable Cause

Types of Searches

Searching Persons

Vehicle Searches

Conducting a Vehicle Search

Thorough Search of Vehicle

Survival Consciousness

Searching a Vehicle Alone

Practical Exercises

Stealth Weapons and Concealment

Studying That Suits You

More Quizzes Like This