Podcast
Questions and Answers
What is required for consent to be valid?
What is required for consent to be valid?
- Knowing and voluntary (correct)
- Verbally given
- Written and signed
- Given by the homeowner
Who has the burden of proving the voluntariness of consent?
Who has the burden of proving the voluntariness of consent?
- The State (correct)
- The judge
- The deputy
- The suspect
What can the person giving consent do at any time?
What can the person giving consent do at any time?
- Ask for a lawyer
- Request a search warrant
- Withdraw their consent (correct)
- Leave the premises
What is not necessary to advise suspects not in custody?
What is not necessary to advise suspects not in custody?
What is an example of coercive conduct by deputies?
What is an example of coercive conduct by deputies?
What is required for a deputy to believe a person has authority to give consent?
What is required for a deputy to believe a person has authority to give consent?
Who can give consent to search a home?
Who can give consent to search a home?
What is the standard for determining voluntariness of consent?
What is the standard for determining voluntariness of consent?
What can a minor do in the absence of a parent?
What can a minor do in the absence of a parent?
What is an example of psychological coercion?
What is an example of psychological coercion?
A person has joint control over a duffel bag with another person. Can they provide consent to search the bag?
A person has joint control over a duffel bag with another person. Can they provide consent to search the bag?
What is the extent of a consensual search?
What is the extent of a consensual search?
Can an innkeeper/motel clerk give a deputy consent to search a rented room?
Can an innkeeper/motel clerk give a deputy consent to search a rented room?
What is required to temporarily detain a person?
What is required to temporarily detain a person?
What is required for a stop to be justified?
What is required for a stop to be justified?
Can a stop be based on information communicated through a third party?
Can a stop be based on information communicated through a third party?
What is required for a 'pat down' search?
What is required for a 'pat down' search?
What is not enough to justify a stop?
What is not enough to justify a stop?
What is required for an anonymous tip to justify a stop?
What is required for an anonymous tip to justify a stop?
Can a deputy conduct a search of a closed container found during a consensual search?
Can a deputy conduct a search of a closed container found during a consensual search?
What is the primary purpose of the Fourth Amendment Exclusionary Rule?
What is the primary purpose of the Fourth Amendment Exclusionary Rule?
What is the consequence of introducing evidence obtained in violation of the Fourth Amendment?
What is the consequence of introducing evidence obtained in violation of the Fourth Amendment?
What is the essence of the Fourth Amendment?
What is the essence of the Fourth Amendment?
What is necessary for a search warrant to be issued?
What is necessary for a search warrant to be issued?
Which of the following searches is authorized without a warrant?
Which of the following searches is authorized without a warrant?
What is the underlying principle of a search by consent?
What is the underlying principle of a search by consent?
What is an example of a search under exigent circumstances?
What is an example of a search under exigent circumstances?
What is a consequence of an unlawful search?
What is a consequence of an unlawful search?
What is the main purpose of a stop-and-frisk search?
What is the main purpose of a stop-and-frisk search?
When can a law enforcement deputy seize an object without a warrant during a stop-and-frisk?
When can a law enforcement deputy seize an object without a warrant during a stop-and-frisk?
Under what circumstances can a warrantless search of a vehicle be conducted?
Under what circumstances can a warrantless search of a vehicle be conducted?
What is the requirement for a vehicle to be searched without a warrant?
What is the requirement for a vehicle to be searched without a warrant?
When can a deputy search a passenger in a vehicle?
When can a deputy search a passenger in a vehicle?
What is the exception to the warrant requirement for searching a vehicle?
What is the exception to the warrant requirement for searching a vehicle?
When can a warrantless search of a person's home be conducted?
When can a warrantless search of a person's home be conducted?
What is the justification for the exception to the warrant requirement for searching a vehicle?
What is the justification for the exception to the warrant requirement for searching a vehicle?
What is the limitation on an investigative detention?
What is the limitation on an investigative detention?
When can a deputy search a vehicle subsequent to an arrest?
When can a deputy search a vehicle subsequent to an arrest?
What is the definition of a strip search according to Florida Statute 901.211?
What is the definition of a strip search according to Florida Statute 901.211?
When can a law enforcement deputy conduct a strip search?
When can a law enforcement deputy conduct a strip search?
Who can conduct a body cavity search?
Who can conduct a body cavity search?
What is the purpose of a TEK84 Intercept body scanner?
What is the purpose of a TEK84 Intercept body scanner?
What must law enforcement deputies do when transferring an arrestee to another deputy's custody?
What must law enforcement deputies do when transferring an arrestee to another deputy's custody?
What is required for a law enforcement deputy to conduct a strip search?
What is required for a law enforcement deputy to conduct a strip search?
What must be done after the conclusion of a strip search or body cavity search?
What must be done after the conclusion of a strip search or body cavity search?
Who must conduct a strip search or body cavity search on a juvenile?
Who must conduct a strip search or body cavity search on a juvenile?
What is the purpose of a strip search or body cavity search?
What is the purpose of a strip search or body cavity search?
Where must a strip search be conducted?
Where must a strip search be conducted?
What is the primary reason for a deputy to enter a citizen's home without a search warrant under exigent circumstances?
What is the primary reason for a deputy to enter a citizen's home without a search warrant under exigent circumstances?
Under which circumstance may a deputy conduct a security sweep of a premises?
Under which circumstance may a deputy conduct a security sweep of a premises?
What is the purpose of an inventory search?
What is the purpose of an inventory search?
What is the scope of an inventory search of a vehicle?
What is the scope of an inventory search of a vehicle?
Under what circumstances may a deputy search a person arrested and the area within the person's immediate presence?
Under what circumstances may a deputy search a person arrested and the area within the person's immediate presence?
What is the extent of a search incident to an arrest in a home?
What is the extent of a search incident to an arrest in a home?
What is required for a deputy to seize an item in plain view?
What is required for a deputy to seize an item in plain view?
What is the limitation on a search after seizing an item in plain view?
What is the limitation on a search after seizing an item in plain view?
When may a deputy search a person's immediate area of control?
When may a deputy search a person's immediate area of control?
What is the purpose of notating the basis for exigent circumstances in the incident report?
What is the purpose of notating the basis for exigent circumstances in the incident report?
Study Notes
Search and Seizure Guidelines
- The Fourth Amendment to the U.S. Constitution and Florida Constitution, Article I, Section 12 prohibit unreasonable searches and seizures.
- The Exclusionary Rule prohibits the introduction of evidence obtained in violation of the Fourth Amendment.
Searches Authorized Without a Warrant
- Searches by consent:
- Must be knowing and voluntary
- Must be free from coercion and pressure
- Can be withdrawn at any time
- Stop-and-frisk:
- Must be based on reasonable suspicion
- Limited to outer clothing and pat-down search
- Search of a movable vehicle:
- Requires probable cause to believe the vehicle contains contraband or evidence of a crime
- Includes search of the entire vehicle, including trunk and locked containers
- Search at the scene of a crime:
- Must be based on exigent circumstances
- Limited to determining if there are other victims or the suspect is still on the premises
- Exigent circumstances search:
- Destruction of evidence
- Protection of life and property
- Security search subsequent to arrest
- Inventory search:
- Of a vehicle and its contents
- Includes search of closed containers and locked glove compartment
- Must be conducted according to department policy
- Search incident to arrest:
- Limited to the person arrested and the area within their immediate control
- Includes search of clothing and any containers on the person
- Plain view:
- Item must be in plain view and its incriminating character must be immediately apparent
- Deputy must have a lawful right of access to the area from which the observation is made
Strip Searches and Body Cavity Searches
-
Strip searches:
- Requires written supervisory approval
- Must be conducted by a deputy of the same gender as the person being searched
- Must be conducted in an area with reasonable privacy and sanitary conditions
-
Body cavity searches:
- Requires written authorization from a Shift Commander
- Must be conducted in a sanitary and private area
- Must be limited to a visual search or manual internal inspection of body cavities### Body Cavity Searches
-
Body cavity searches are not conducted by Sheriff's Office personnel, but instead by medical personnel at an approved medical facility.
-
The purpose of the scan is to determine if transportation to an approved medical facility is necessary.
Strip Search and Body Cavity Search Form
- After the body cavity search, the deputy must complete the Strip Search and Body Cavity Search form.
- The form is attached to the General Offense Report as a MRE attachment.
Juvenile Strip or Body Cavity Search
- Juveniles who meet the criteria for a strip or body cavity search are handled in the same manner as adults.
- Every attempt is made to notify the juvenile's parents of the search.
Search Protocols
- Personnel should refer to GEN SOP 515.00 for guidelines on Hotel and Motel room searches.
- Personnel should refer to GEN SOP 565.01 for guidelines on Search Warrants.
Custody Transfer
- When an arrestee or subject in custody is transferred to the custody of another deputy, the receiving deputy must conduct a thorough search of the individual's person and property.
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Description
This quiz covers the guidelines for searches conducted without a search warrant for law enforcement and detention personnel, ensuring protection of individuals' rights against unreasonable searches and seizures.
