Law Enforcement Search Procedure
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Questions and Answers

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?

  • The State (correct)
  • The judge
  • The deputy
  • The suspect
  • 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?

    <p>Of their right to refuse consent</p> Signup and view all the answers

    What is an example of coercive conduct by deputies?

    <p>Prolonged detention of the suspect</p> Signup and view all the answers

    What is required for a deputy to believe a person has authority to give consent?

    <p>Good faith</p> Signup and view all the answers

    Who can give consent to search a home?

    <p>A parent</p> Signup and view all the answers

    What is the standard for determining voluntariness of consent?

    <p>Totality of the circumstances</p> Signup and view all the answers

    What can a minor do in the absence of a parent?

    <p>Give consent to search the home</p> Signup and view all the answers

    What is an example of psychological coercion?

    <p>Several uniformed deputies asking to search a suspect's home</p> Signup and view all the answers

    A person has joint control over a duffel bag with another person. Can they provide consent to search the bag?

    <p>Yes, they can provide consent to search the bag</p> Signup and view all the answers

    What is the extent of a consensual search?

    <p>It is limited to the area or thing that the deputy asks to search</p> Signup and view all the answers

    Can an innkeeper/motel clerk give a deputy consent to search a rented room?

    <p>No, they cannot give consent to search the room</p> Signup and view all the answers

    What is required to temporarily detain a person?

    <p>Reasonable suspicion that a person has committed, is committing, or is about to commit a criminal offense</p> Signup and view all the answers

    What is required for a stop to be justified?

    <p>A reasonable suspicion based on articulable facts</p> Signup and view all the answers

    Can a stop be based on information communicated through a third party?

    <p>Yes, if the third party identifies themselves and the information is objectively reliable</p> Signup and view all the answers

    What is required for a 'pat down' search?

    <p>A deputy's concern for their own safety or the safety of others</p> Signup and view all the answers

    What is not enough to justify a stop?

    <p>A suspect's presence in a high crime area</p> Signup and view all the answers

    What is required for an anonymous tip to justify a stop?

    <p>Independent evidence of criminal activity apart from the anonymous tip</p> Signup and view all the answers

    Can a deputy conduct a search of a closed container found during a consensual search?

    <p>Yes, if the suspect's consent reasonably would be understood to include that container</p> Signup and view all the answers

    What is the primary purpose of the Fourth Amendment Exclusionary Rule?

    <p>To deter future unlawful police conduct</p> Signup and view all the answers

    What is the consequence of introducing evidence obtained in violation of the Fourth Amendment?

    <p>The evidence is excluded from the court</p> Signup and view all the answers

    What is the essence of the Fourth Amendment?

    <p>The right to be secure against unreasonable searches and seizures</p> Signup and view all the answers

    What is necessary for a search warrant to be issued?

    <p>Probable cause supported by oath or affirmation</p> Signup and view all the answers

    Which of the following searches is authorized without a warrant?

    <p>A search of a movable vehicle with probable cause</p> Signup and view all the answers

    What is the underlying principle of a search by consent?

    <p>The Fourth Amendment only proscribes unreasonable searches</p> Signup and view all the answers

    What is an example of a search under exigent circumstances?

    <p>A search to prevent destruction of evidence</p> Signup and view all the answers

    What is a consequence of an unlawful search?

    <p>The evidence is excluded from the court</p> Signup and view all the answers

    What is the main purpose of a stop-and-frisk search?

    <p>To protect the deputy from potential harm</p> Signup and view all the answers

    When can a law enforcement deputy seize an object without a warrant during a stop-and-frisk?

    <p>When the deputy can immediately identify it as contraband</p> Signup and view all the answers

    Under what circumstances can a warrantless search of a vehicle be conducted?

    <p>When there is probable cause to believe the vehicle contains evidence of a crime</p> Signup and view all the answers

    What is the requirement for a vehicle to be searched without a warrant?

    <p>The vehicle must be movable or mobile</p> Signup and view all the answers

    When can a deputy search a passenger in a vehicle?

    <p>When there is reasonable, articulable suspicion that the passenger has committed a crime or poses a threat to the deputy</p> Signup and view all the answers

    What is the exception to the warrant requirement for searching a vehicle?

    <p>Exigent circumstances</p> Signup and view all the answers

    When can a warrantless search of a person's home be conducted?

    <p>When there are exigent circumstances at the scene of a crime</p> Signup and view all the answers

    What is the justification for the exception to the warrant requirement for searching a vehicle?

    <p>The vehicle is capable of being moved before a deputy can secure a search warrant</p> Signup and view all the answers

    What is the limitation on an investigative detention?

    <p>It must be temporary and last no longer than necessary</p> Signup and view all the answers

    When can a deputy search a vehicle subsequent to an arrest?

    <p>All of the above</p> Signup and view all the answers

    What is the definition of a strip search according to Florida Statute 901.211?

    <p>A visual or manual inspection of the genitals, buttocks, anus, breasts, or undergarments</p> Signup and view all the answers

    When can a law enforcement deputy conduct a strip search?

    <p>Only with written supervisory approval</p> Signup and view all the answers

    Who can conduct a body cavity search?

    <p>Medical personnel at an approved medical facility</p> Signup and view all the answers

    What is the purpose of a TEK84 Intercept body scanner?

    <p>To determine if transportation to a medical facility is necessary</p> Signup and view all the answers

    What must law enforcement deputies do when transferring an arrestee to another deputy's custody?

    <p>Conduct a thorough search of the person and their property</p> Signup and view all the answers

    What is required for a law enforcement deputy to conduct a strip search?

    <p>Reasonable suspicion and written supervisory approval</p> Signup and view all the answers

    What must be done after the conclusion of a strip search or body cavity search?

    <p>The deputy must complete the Strip Search and Body Cavity Search form and attach it to the General Offense Report</p> Signup and view all the answers

    Who must conduct a strip search or body cavity search on a juvenile?

    <p>The same personnel as for an adult</p> Signup and view all the answers

    What is the purpose of a strip search or body cavity search?

    <p>To find evidence of a crime</p> Signup and view all the answers

    Where must a strip search be conducted?

    <p>In a private area with a reasonable degree of privacy and sanitary conditions</p> Signup and view all the answers

    What is the primary reason for a deputy to enter a citizen's home without a search warrant under exigent circumstances?

    <p>To prevent the destruction of evidence</p> Signup and view all the answers

    Under which circumstance may a deputy conduct a security sweep of a premises?

    <p>As part of a security check subsequent to an arrest</p> Signup and view all the answers

    What is the purpose of an inventory search?

    <p>To ensure against claims or disputes over lost, stolen, or vandalized property</p> Signup and view all the answers

    What is the scope of an inventory search of a vehicle?

    <p>All areas of the vehicle, including closed containers</p> Signup and view all the answers

    Under what circumstances may a deputy search a person arrested and the area within the person's immediate presence?

    <p>When a lawful custodial arrest is made</p> Signup and view all the answers

    What is the extent of a search incident to an arrest in a home?

    <p>The area immediately surrounding the person arrested, as well as closets and other spaces immediately adjoining the place of arrest</p> Signup and view all the answers

    What is required for a deputy to seize an item in plain view?

    <p>The item must be in plain view and its incriminating character must be immediately apparent, and the deputy must have prior justification for an intrusion into a constitutionally protected area</p> Signup and view all the answers

    What is the limitation on a search after seizing an item in plain view?

    <p>The deputy must not extend the search after seizure of the item in plain view without a warrant or some other exception to the warrant requirement</p> Signup and view all the answers

    When may a deputy search a person's immediate area of control?

    <p>When the person is arrested and the object of the search was within the person's immediate area of control just prior to his/her detention</p> Signup and view all the answers

    What is the purpose of notating the basis for exigent circumstances in the incident report?

    <p>To justify the search</p> Signup and view all the answers

    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.
    • 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.

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