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Questions and Answers
What is the minimum requirement for an officer to stop a vehicle?
What is the minimum requirement for an officer to stop a vehicle?
What constitutes a seizure under the Fourth Amendment?
What constitutes a seizure under the Fourth Amendment?
What is an invalid reason for an officer to stop a vehicle?
What is an invalid reason for an officer to stop a vehicle?
What is a valid reason for an officer to stop a vehicle?
What is a valid reason for an officer to stop a vehicle?
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What is necessary for an officer to articulate in order to justify a vehicle stop?
What is necessary for an officer to articulate in order to justify a vehicle stop?
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What is the result of stopping a vehicle without a valid reason?
What is the result of stopping a vehicle without a valid reason?
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What is an example of a legitimate reason to stop a vehicle?
What is an example of a legitimate reason to stop a vehicle?
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What is the purpose of requiring an officer to articulate facts supporting a vehicle stop?
What is the purpose of requiring an officer to articulate facts supporting a vehicle stop?
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What is the reason a cracked windshield justifies a stop of a vehicle?
What is the reason a cracked windshield justifies a stop of a vehicle?
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Can a vehicle be stopped solely because it was bright green when its registration was described as blue?
Can a vehicle be stopped solely because it was bright green when its registration was described as blue?
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What is the similarity between searches of watercraft and searches of automobiles?
What is the similarity between searches of watercraft and searches of automobiles?
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When can a warrantless search of a mobile home be conducted?
When can a warrantless search of a mobile home be conducted?
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What is the basis for the ruling in U.S.v.Jones, 565 U.S. 400 (2012)?
What is the basis for the ruling in U.S.v.Jones, 565 U.S. 400 (2012)?
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What is the purpose of a police roadblock or checkpoint?
What is the purpose of a police roadblock or checkpoint?
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What is the average delay for motorists at a checkpoint?
What is the average delay for motorists at a checkpoint?
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What is the interest of the state in implementing checkpoints?
What is the interest of the state in implementing checkpoints?
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What is the condition for conducting a warrantless search of a mobile home?
What is the condition for conducting a warrantless search of a mobile home?
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What is the consideration for determining whether a mobile home is being used for transportation or as a residence?
What is the consideration for determining whether a mobile home is being used for transportation or as a residence?
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What was the primary purpose of the checkpoint in Illinois v. Lidster?
What was the primary purpose of the checkpoint in Illinois v. Lidster?
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What did the Court rule in Campbell v. State?
What did the Court rule in Campbell v. State?
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What was the outcome of the City of Indianapolis v. Edmond case?
What was the outcome of the City of Indianapolis v. Edmond case?
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What is the significance of the 'primary purpose' of a roadblock in determining its constitutionality?
What is the significance of the 'primary purpose' of a roadblock in determining its constitutionality?
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What is the exception to the general rule that roadblocks cannot be conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing?
What is the exception to the general rule that roadblocks cannot be conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing?
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What is the significance of written guidelines in conducting a roadblock?
What is the significance of written guidelines in conducting a roadblock?
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What was the outcome of the Davis v. State case?
What was the outcome of the Davis v. State case?
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What is the difference between a roadblock conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing and one conducted for highway safety purposes?
What is the difference between a roadblock conducted for the primary purpose of uncovering evidence of ordinary criminal wrongdoing and one conducted for highway safety purposes?
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What is the significance of the fact that motorists could plainly see all vehicles were being stopped in a roadblock?
What is the significance of the fact that motorists could plainly see all vehicles were being stopped in a roadblock?
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What was the outcome of the Campbell v. State case in relation to the requirement of written guidelines?
What was the outcome of the Campbell v. State case in relation to the requirement of written guidelines?
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In Whren v. U.S. (1996), what reason can a police officer use to stop a vehicle?
In Whren v. U.S. (1996), what reason can a police officer use to stop a vehicle?
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After a valid stop, what can a police officer require the driver to do?
After a valid stop, what can a police officer require the driver to do?
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What must a police officer have before frisking the driver or occupants?
What must a police officer have before frisking the driver or occupants?
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What is the result of a police officer discovering criminal conduct during a traffic stop?
What is the result of a police officer discovering criminal conduct during a traffic stop?
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Under what circumstances can an officer search the passenger compartment of a vehicle incident to arrest?
Under what circumstances can an officer search the passenger compartment of a vehicle incident to arrest?
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What can a police officer do with respect to passengers in a vehicle?
What can a police officer do with respect to passengers in a vehicle?
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What is the result of an alert by a drug-sniffing dog in a vehicle search?
What is the result of an alert by a drug-sniffing dog in a vehicle search?
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Under what circumstances can a police officer pat-down a passenger during a traffic stop?
Under what circumstances can a police officer pat-down a passenger during a traffic stop?
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What is the 'automobile exception' to the warrant requirement?
What is the 'automobile exception' to the warrant requirement?
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What is required to establish probable cause for a search of a vehicle?
What is required to establish probable cause for a search of a vehicle?
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Under what circumstances can an officer search a vehicle without a warrant?
Under what circumstances can an officer search a vehicle without a warrant?
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What can a police officer search in a vehicle?
What can a police officer search in a vehicle?
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What is the result of a police officer asking for identification from a driver after determining the validity of a traffic infraction?
What is the result of a police officer asking for identification from a driver after determining the validity of a traffic infraction?
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What is the result of a search incident to arrest of a passenger compartment when the arrestee is already handcuffed and placed in the back of a patrol car?
What is the result of a search incident to arrest of a passenger compartment when the arrestee is already handcuffed and placed in the back of a patrol car?
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What is the exception to the rule that an officer cannot search a vehicle incident to arrest for a traffic violation?
What is the exception to the rule that an officer cannot search a vehicle incident to arrest for a traffic violation?
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What is the holding of the Florida Supreme Court in Presley v. State (2017)?
What is the holding of the Florida Supreme Court in Presley v. State (2017)?
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Under what circumstances can an officer search a vehicle without a warrant if the driver is arrested?
Under what circumstances can an officer search a vehicle without a warrant if the driver is arrested?
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What is required to establish probable cause for a search of a vehicle when the driver is arrested?
What is required to establish probable cause for a search of a vehicle when the driver is arrested?
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What is the result of a search of a vehicle when the officer has probable cause to believe the vehicle contains evidence of a crime?
What is the result of a search of a vehicle when the officer has probable cause to believe the vehicle contains evidence of a crime?
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What is the exception to the rule that an officer cannot search a vehicle without a warrant?
What is the exception to the rule that an officer cannot search a vehicle without a warrant?
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When can an officer conduct a search incident to a citation?
When can an officer conduct a search incident to a citation?
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What is required for an officer to conduct a search of a vehicle's passenger compartment?
What is required for an officer to conduct a search of a vehicle's passenger compartment?
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Under what circumstances can an officer conduct a search of a vehicle's trunk?
Under what circumstances can an officer conduct a search of a vehicle's trunk?
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What is the result of an officer conducting a legal stop of a vehicle and having reasonable suspicion that the vehicle contains a weapon?
What is the result of an officer conducting a legal stop of a vehicle and having reasonable suspicion that the vehicle contains a weapon?
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What is required for an officer to conduct a valid warrantless search of a vehicle?
What is required for an officer to conduct a valid warrantless search of a vehicle?
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What is an exception to the requirement of obtaining a warrant before searching a vehicle?
What is an exception to the requirement of obtaining a warrant before searching a vehicle?
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Under what circumstances can an officer conduct a search of a rental car?
Under what circumstances can an officer conduct a search of a rental car?
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What is the purpose of an inventory search?
What is the purpose of an inventory search?
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What is required for an officer to conduct a valid inventory search of a vehicle?
What is required for an officer to conduct a valid inventory search of a vehicle?
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What is the result of an officer conducting a search of a vehicle without a valid reason?
What is the result of an officer conducting a search of a vehicle without a valid reason?
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What is the consequence if the State fails to introduce any evidence that an inventory search was conducted pursuant to standardized procedures?
What is the consequence if the State fails to introduce any evidence that an inventory search was conducted pursuant to standardized procedures?
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What is the requirement for an officer to impound a lawfully parked vehicle?
What is the requirement for an officer to impound a lawfully parked vehicle?
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What is the result if an officer has no authority to stop a car, and the 'plain view' theory for a warrantless search is used?
What is the result if an officer has no authority to stop a car, and the 'plain view' theory for a warrantless search is used?
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What is the ruling in Ohio v. Robinette (1996)?
What is the ruling in Ohio v. Robinette (1996)?
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What is the result of an officer's continued questioning of a defendant after issuing a citation, before asking for consent to search?
What is the result of an officer's continued questioning of a defendant after issuing a citation, before asking for consent to search?
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Under F.S. §933.19, who may make searches and seizures of vehicles carrying contraband?
Under F.S. §933.19, who may make searches and seizures of vehicles carrying contraband?
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What is the ruling in Wyoming v. Houghton (1999)?
What is the ruling in Wyoming v. Houghton (1999)?
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What is the result if law enforcement officers have ample time to obtain a search warrant for a motor vehicle, but do not do so?
What is the result if law enforcement officers have ample time to obtain a search warrant for a motor vehicle, but do not do so?
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What is the ruling in Collins v. Virginia (2018)?
What is the ruling in Collins v. Virginia (2018)?
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What is the result if an officer looks into the interior of a vehicle without a search warrant?
What is the result if an officer looks into the interior of a vehicle without a search warrant?
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What is the minimum requirement for police to seize a vehicle suspected of being involved in drug trafficking?
What is the minimum requirement for police to seize a vehicle suspected of being involved in drug trafficking?
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In what circumstances can a warrantless breath test be required of a person arrested for DUI?
In what circumstances can a warrantless breath test be required of a person arrested for DUI?
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What is the key distinction between a breath test and a blood test in DUI cases?
What is the key distinction between a breath test and a blood test in DUI cases?
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What is the effect of a driver's unconsciousness or stupor on the requirement for a warrant for a blood test in a DUI case?
What is the effect of a driver's unconsciousness or stupor on the requirement for a warrant for a blood test in a DUI case?
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What is the significance of the location where a breath test is administered?
What is the significance of the location where a breath test is administered?
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What is the result of a police officer conducting a DUI investigation outside of their jurisdiction?
What is the result of a police officer conducting a DUI investigation outside of their jurisdiction?
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What is the significance of a uniformed officer conducting a citizen's arrest for DUI?
What is the significance of a uniformed officer conducting a citizen's arrest for DUI?
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What is the result of a warrantless blood test being ordered without the driver's consent?
What is the result of a warrantless blood test being ordered without the driver's consent?
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What is the key distinction between a breath test and a blood test in terms of the information obtained?
What is the key distinction between a breath test and a blood test in terms of the information obtained?
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What is the significance of a driver's embarrassment or humiliation in the context of a breath test?
What is the significance of a driver's embarrassment or humiliation in the context of a breath test?
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What is required to establish probable cause to search a vehicle based on a dog sniff?
What is required to establish probable cause to search a vehicle based on a dog sniff?
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Under what circumstances can a police officer conduct a canine search of a vehicle?
Under what circumstances can a police officer conduct a canine search of a vehicle?
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What is the result of a reliable dog sniff during a traffic stop?
What is the result of a reliable dog sniff during a traffic stop?
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Can a police officer conduct a canine search of a vehicle parked in a public place?
Can a police officer conduct a canine search of a vehicle parked in a public place?
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What is the significance of the Illinois v. Caballes case?
What is the significance of the Illinois v. Caballes case?
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What is the requirement for a police officer to establish probable cause to search a vehicle based on a dog sniff?
What is the requirement for a police officer to establish probable cause to search a vehicle based on a dog sniff?
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What is the result of a canine search of a vehicle that does not begin until after a citation is issued and the purpose of the traffic stop is completed?
What is the result of a canine search of a vehicle that does not begin until after a citation is issued and the purpose of the traffic stop is completed?
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Under what circumstances can a police officer extend a traffic stop to conduct a dog sniff?
Under what circumstances can a police officer extend a traffic stop to conduct a dog sniff?
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What is the main idea behind the 'Caretaker Doctrine'?
What is the main idea behind the 'Caretaker Doctrine'?
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What is the key factor in determining the admissibility of evidence found during a 'Caretaker Doctrine' action?
What is the key factor in determining the admissibility of evidence found during a 'Caretaker Doctrine' action?
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In what situation did the officers' actions in Vitale v. State (2007) fall under the 'Caretaker Doctrine'?
In what situation did the officers' actions in Vitale v. State (2007) fall under the 'Caretaker Doctrine'?
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What was the outcome of the Ortiz v. State (2009) case regarding the 'Caretaker Doctrine'?
What was the outcome of the Ortiz v. State (2009) case regarding the 'Caretaker Doctrine'?
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What is a key difference between the 'Caretaker Doctrine' and a traditional arrest or search?
What is a key difference between the 'Caretaker Doctrine' and a traditional arrest or search?
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What is an example of a situation where the 'Caretaker Doctrine' might apply?
What is an example of a situation where the 'Caretaker Doctrine' might apply?
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What is the significance of the 'Caretaker Doctrine' in terms of police actions?
What is the significance of the 'Caretaker Doctrine' in terms of police actions?
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What is the relationship between the 'Caretaker Doctrine' and the Fourth Amendment?
What is the relationship between the 'Caretaker Doctrine' and the Fourth Amendment?
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Study Notes
Vehicle Stops and Searches
- An officer can stop a vehicle if there is a suspected violation of vehicle and traffic laws or if there is a reasonable suspicion that the car's occupants have been, are, or are about to engage in conduct that violates the law.
- The officer must be able to articulate facts that support their suspicions and cannot base a stop on idle curiosity or a "gut" feeling.
- Stopping a car when it matches the description of a vehicle used in a crime or when the occupants fit a description of perpetrators of a crime is a sufficient reason for a stop.
Roadblocks and Checkpoints
- Police can stop vehicles when using an official police roadblock or checkpoint to remove drunk drivers from the road or enforce other traffic safety laws.
- Roadblocks and checkpoints must be conducted pursuant to written guidelines issued prior to their operation.
- The primary purpose of a roadblock or checkpoint must be administrative, such as ensuring highway safety, rather than general crime control.
GPS Tracking
- The installation of a GPS tracking device and the subsequent use of that device to monitor the vehicle's movements constitutes a "search" within the meaning of the Fourth Amendment.
- A warrant is required to install a GPS tracking device, unless exigent circumstances are present.
Pretext Stops
- An officer can use a traffic infraction as a justification to stop a vehicle, even if they are really interested in searching the car for a more serious crime.
Procedure After a Valid Stop
- Once a police officer makes a valid stop of an automobile, they can take a number of actions, including:
- Approaching the vehicle with their gun drawn if they have reason to believe that the occupants are armed and dangerous.
- Ordering the driver to turn off the ignition and step out of the car.
- Requesting the driver's license, registration, and insurance card.
- Frisking the driver or other occupants if they have a reasonable suspicion that they are armed.
- Detaining the driver or other occupants if they discover criminal conduct or if the driver or passengers consent to further detention.
Treatment of Passengers
- An officer can open the passenger door and order the passengers out of the vehicle.
- An officer can request identification from passengers.
- An officer may pat-down a passenger during a traffic stop if there is a reasonable suspicion to believe the passenger may be armed and dangerous.
Search of Automobile
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A police officer can search an automobile for a variety of reasons, including:
- Probable cause to believe that the automobile contains contraband, a weapon, or evidence of a crime.
- Incident to a lawful arrest, if the arrestee is within "reaching distance" of the passenger compartment at the time of the search, or if it is reasonable to believe the vehicle contains evidence of the offense of arrest.
- If the officer has reasonable suspicion that the vehicle contains a weapon, they may frisk the occupants and conduct a search of the full passenger compartment.### Reasonable Suspicion and Search
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An officer's reasonable suspicion based on the stop's location, time, and defendant's behavior can justify a search.
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The officer's experience and observation of furtive movements can contribute to reasonable suspicion.
Consent Search
- A driver's voluntary consent to search their vehicle is permissible as long as the scope of the search is established prior to consent.
- Containers can be opened without being damaged in a consent search.
- Officers should not place the subject in a situation where it is impossible to withdraw consent.
Inventory Search
- An inventory search of a vehicle can be conducted after an arrest, following standardized local police procedures.
- The search must be conducted in good faith and not as a pretext for investigating suspected criminal activity.
- If the State fails to introduce evidence of standardized procedures, any contraband found will be suppressed.
Impoundment of Vehicle
- The mere fact of arrest does not justify the impoundment of a legally parked vehicle.
- There must be circumstances indicating that the vehicle is in danger of creating a hazard to the public or of being lost or stolen.
Plain View
- An officer can seize contraband in open view in an automobile from a lawful vantage point.
- If the officer had no authority to stop the car, the "plain view" theory will be rejected.
Consent to Search
- Police are not required to tell a lawfully stopped motorist that they are legally free to go before asking for consent to search.
- However, it is recommended to write a ticket or give a warning and return the driver's property before asking for consent.
###Searches and Seizures
- Under F.S.§933.19, searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise may be made by authorized bonded officers.
Passenger Belongings
- With probable cause to search a car, police officers may inspect passengers' belongings in the car that are capable of concealing the object of the search.
Curtilage and Automobile Search
- A partially enclosed section of a driveway where a motorcycle is parked constitutes curtilage protected by the Fourth Amendment.
- The automobile exception does not permit an officer to enter the curtilage without a warrant to search the motorcycle.
Narcotics Detection
- A well-trained narcotics detection dog can sniff the exterior of a vehicle during a lawful traffic stop without a reasonable, articulable suspicion of criminal activity, as long as it does not extend the duration of the stop (Illinois v. Caballes, 543 U.S. 405, 2005).
- Police may not extend an otherwise completed traffic stop to conduct a dog sniff, absent reasonable suspicion that there is contraband in the vehicle (Rodriguez v. U.S., 575 U.S. _, 2015).
- An alert from a reliable dog can establish probable cause to search a vehicle (Florida v. Harris, 566 U.S. 904, 2013).
Reliability of a Dog
- To establish probable cause, the State must present:
- Training and certification records
- Explanation of the training and certification
- Field performance records
- Evidence concerning the experience and training of the officer handling the dog
- Other objective evidence known to the officer about the dog's reliability (Harris v. State, 71 So.3d 756, 2011)
Seizure of Vehicles
- Police can seize a vehicle without a warrant if they have probable cause to believe it is contraband subject to civil forfeiture, whether the acts giving rise to the probable cause happened contemporaneously or at some point in time before the seizure (Florida v. White, 526 U.S. 559, 1999).
Implied Consent
- A person arrested for DUI can be required to submit to a warrantless breath test to determine blood alcohol content (BAC) as a search incident to arrest (Birchfield v. North Dakota, 579 U.S. _, 2016).
- The physical intrusion of a breath test is minimal, and the process is not significantly intrusive.
- Blood tests, however, are a different matter, requiring piercing the skin and extracting a part of the subject's body, and therefore, a search warrant must be obtained before blood may be drawn.
Caretaker Doctrine
- The "Caretaker Doctrine" allows police to act in non-adversarial ways to help the public, rendering assistance to individuals in need or providing protection for the rights and property of members of the general public.
- The doctrine applies to certain acts performed by police to secure a suspect's rights or property, and evidence found during such acts will be admissible.
- Examples of the "Caretaker Doctrine" include:
- Vitale v. State, 946 So. 2d 1220, 2007: officers responded to a "code 3" and found a person slumped over the wheel, and their actions were a reasonable response to an apparent medical emergency.
- Ortiz v. State, 24 So.3d 596, 2009: a deputy drove a child home from an after-school program and entered the house when the child indicated his parents were probably home, but did not respond.
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Description
Learn about the guidelines for officers when stopping vehicles and interacting with suspects in automobiles, including the required articulation of facts to support suspicions. Legal Guidelines #15 thru #18