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Law Enforcement Search Procedure

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What is required for consent to be valid?

Knowing and voluntary

Who has the burden of proving the voluntariness of consent?

The State

What can the person giving consent do at any time?

Withdraw their consent

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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