Podcast
Questions and Answers
According to the guidelines, what is the initial step an officer should take when uncertain about a subject's sex?
According to the guidelines, what is the initial step an officer should take when uncertain about a subject's sex?
- Politely inquire as to their gender.
- Request the presence of a supervisor.
- Consult an official government/law enforcement database.
- Determine gender based on the sex listed on their valid government-issued ID. (correct)
According to OPD policy, what is the primary purpose of searching individuals?
According to OPD policy, what is the primary purpose of searching individuals?
- To collect personal information for statistical analysis.
- To identify individuals with outstanding warrants.
- To determine immigration status.
- To remove weapons, locate evidence, and prevent escape. (correct)
Under what circumstance is an officer permitted to question a subject's stated gender identity?
Under what circumstance is an officer permitted to question a subject's stated gender identity?
- Officers are never permitted to question a subject's stated gender identity.
- When the officer has articulable, compelling reasons to doubt the stated gender identity. (correct)
- When the subject's appearance does not align with their stated gender identity.
- When the subject is suspected of a crime involving deception.
What level of certainty is required for an officer to conduct a Stop and Frisk?
What level of certainty is required for an officer to conduct a Stop and Frisk?
What action should an officer take if a subject requests a search to be conducted by an officer of a different sex than their legally-documented sex?
What action should an officer take if a subject requests a search to be conducted by an officer of a different sex than their legally-documented sex?
An officer is unable to determine a subject's sex using a government-issued ID or official databases. According to protocol, what information are officers forbidden from requesting?
An officer is unable to determine a subject's sex using a government-issued ID or official databases. According to protocol, what information are officers forbidden from requesting?
Which type of search involves the internal physical examination of body cavities?
Which type of search involves the internal physical examination of body cavities?
When should Custodial Searches ideally be conducted, according to OPD policy?
When should Custodial Searches ideally be conducted, according to OPD policy?
In which scenario is it permissible for an officer to deviate from the standard protocol of requesting a supervisor's presence when uncertain about who should conduct a search?
In which scenario is it permissible for an officer to deviate from the standard protocol of requesting a supervisor's presence when uncertain about who should conduct a search?
Which of the following is NOT a building block for establishing Reasonable Suspicion?
Which of the following is NOT a building block for establishing Reasonable Suspicion?
In the context of searches, what distinguishes 'Probable Cause' from 'Reasonable Suspicion'?
In the context of searches, what distinguishes 'Probable Cause' from 'Reasonable Suspicion'?
An officer observes an individual walking late at night in a high-crime area known for drug trafficking. The individual is wearing baggy clothing and appears nervous, repeatedly looking over their shoulder. The officer initiates a stop and frisk. Which element is most critical in determining whether the officer's actions were justified under 'reasonable suspicion'?
An officer observes an individual walking late at night in a high-crime area known for drug trafficking. The individual is wearing baggy clothing and appears nervous, repeatedly looking over their shoulder. The officer initiates a stop and frisk. Which element is most critical in determining whether the officer's actions were justified under 'reasonable suspicion'?
During a lawful custodial search following an arrest for misdemeanor theft, an officer discovers a small, locked safe on the suspect. The suspect refuses to provide the combination, and the officer has no immediate reason to believe it contains evidence related to the theft. Based solely on the information provided and standard Fourth Amendment principles, what is the most legally sound course of action for the officer regarding the safe?
During a lawful custodial search following an arrest for misdemeanor theft, an officer discovers a small, locked safe on the suspect. The suspect refuses to provide the combination, and the officer has no immediate reason to believe it contains evidence related to the theft. Based solely on the information provided and standard Fourth Amendment principles, what is the most legally sound course of action for the officer regarding the safe?
According to the policy, what condition must be met for an officer to perform a thorough search of a person and their immediate surroundings?
According to the policy, what condition must be met for an officer to perform a thorough search of a person and their immediate surroundings?
What does a Custodial Search entail?
What does a Custodial Search entail?
Under what circumstances can officers conduct a protective sweep incident to an arrest?
Under what circumstances can officers conduct a protective sweep incident to an arrest?
What is the permissible scope and duration of a protective sweep?
What is the permissible scope and duration of a protective sweep?
When are officers permitted to use a metal detection wand on an arrestee in the field?
When are officers permitted to use a metal detection wand on an arrestee in the field?
Where can officers obtain a metal detection wand?
Where can officers obtain a metal detection wand?
What policy should officers adhere to when searching a vehicle incident to an occupant’s arrest?
What policy should officers adhere to when searching a vehicle incident to an occupant’s arrest?
In general, who should conduct Custodial Searches of female subjects?
In general, who should conduct Custodial Searches of female subjects?
If a male officer needs to conduct a Custodial Search of a female subject, what is the first step they should take?
If a male officer needs to conduct a Custodial Search of a female subject, what is the first step they should take?
If a female officer is not reasonably available to conduct a Custodial Search of a female arrestee, what procedure should male officers follow?
If a female officer is not reasonably available to conduct a Custodial Search of a female arrestee, what procedure should male officers follow?
Prior to transporting a female arrestee to DCDC when a female officer is unavailable, what actions must male officers take?
Prior to transporting a female arrestee to DCDC when a female officer is unavailable, what actions must male officers take?
When a female officer is searching a male subject because no male officer is available, to what extent should the search be limited?
When a female officer is searching a male subject because no male officer is available, to what extent should the search be limited?
What action should a female officer take if an item that appears to be a weapon is felt during a search of a male subject?
What action should a female officer take if an item that appears to be a weapon is felt during a search of a male subject?
In an arrest situation where a female officer has performed a limited weapon search on a male subject, what is the next step?
In an arrest situation where a female officer has performed a limited weapon search on a male subject, what is the next step?
Regarding searches of individuals with non-traditional gender identity/expression, which of the following considerations is MOST crucial for officers to uphold during a search, irrespective of specific policy details beyond those provided?
Regarding searches of individuals with non-traditional gender identity/expression, which of the following considerations is MOST crucial for officers to uphold during a search, irrespective of specific policy details beyond those provided?
What level of suspicion is required for a police officer to conduct a legal Stop and Frisk?
What level of suspicion is required for a police officer to conduct a legal Stop and Frisk?
What is the primary purpose of a Frisk during a Stop and Frisk?
What is the primary purpose of a Frisk during a Stop and Frisk?
According to the policy, what should officers do to document the reasons for a Stop and Frisk?
According to the policy, what should officers do to document the reasons for a Stop and Frisk?
Which of the following scenarios does NOT justify a Stop and Frisk, according to the policy?
Which of the following scenarios does NOT justify a Stop and Frisk, according to the policy?
Which of the following actions by a person might contribute to reasonable suspicion?
Which of the following actions by a person might contribute to reasonable suspicion?
In evaluating Reasonable Suspicion, the 'Model Rules for Law Enforcement' suggest considering the 'Area of the Stop.' What aspect of the area is relevant?
In evaluating Reasonable Suspicion, the 'Model Rules for Law Enforcement' suggest considering the 'Area of the Stop.' What aspect of the area is relevant?
Under what circumstance can police demand someone's name, address and explanation of their actions?
Under what circumstance can police demand someone's name, address and explanation of their actions?
According to the policy document, which scenario explicitly falls outside the guidelines for police stops?
According to the policy document, which scenario explicitly falls outside the guidelines for police stops?
Which of the following best describes the relationship between 'Reasonable Suspicion' and 'Probable Cause'?
Which of the following best describes the relationship between 'Reasonable Suspicion' and 'Probable Cause'?
An officer notices an individual walking late at night in a high-crime area known for drug activity. The individual is wearing baggy clothing and appears nervous when making eye contact. The officer has no prior knowledge of this individual. According to the guidelines, does this scenario alone provide sufficient Reasonable Suspicion for a Stop and Frisk?
An officer notices an individual walking late at night in a high-crime area known for drug activity. The individual is wearing baggy clothing and appears nervous when making eye contact. The officer has no prior knowledge of this individual. According to the guidelines, does this scenario alone provide sufficient Reasonable Suspicion for a Stop and Frisk?
According to the content, which of the following actions MUST an officer take during a Stop and Frisk, after making a lawful stop but before conducting the frisk itself?
According to the content, which of the following actions MUST an officer take during a Stop and Frisk, after making a lawful stop but before conducting the frisk itself?
An officer stops an individual based on a tip from a confidential informant. The informant has provided reliable information in the past that led to multiple arrests. The informant stated the individual is carrying an illegal firearm and is heading to a specific location with the intent to commit a robbery. According to the guidelines, what additional step should the officer take to establish Reasonable Suspicion?
An officer stops an individual based on a tip from a confidential informant. The informant has provided reliable information in the past that led to multiple arrests. The informant stated the individual is carrying an illegal firearm and is heading to a specific location with the intent to commit a robbery. According to the guidelines, what additional step should the officer take to establish Reasonable Suspicion?
Consider a scenario where an officer makes a lawful stop based on Reasonable Suspicion. During questioning, the individual provides evasive answers, becomes increasingly nervous, and refuses to make eye contact. However, the officer has no information indicating the individual is armed. Can the officer proceed with a Frisk based solely on this behavior?
Consider a scenario where an officer makes a lawful stop based on Reasonable Suspicion. During questioning, the individual provides evasive answers, becomes increasingly nervous, and refuses to make eye contact. However, the officer has no information indicating the individual is armed. Can the officer proceed with a Frisk based solely on this behavior?
An officer observed an individual loitering near a jewelry store that had been robbed the previous week using a distinct modus operandi. The individual fit the general description of the suspect from the previous robbery, and when approached, the person gave a false name. However, when asked if they had any weapons, the individual truthfully answered that they had a pocketknife, which is legal to carry in that jurisdiction. Can the officer conduct a Frisk?
An officer observed an individual loitering near a jewelry store that had been robbed the previous week using a distinct modus operandi. The individual fit the general description of the suspect from the previous robbery, and when approached, the person gave a false name. However, when asked if they had any weapons, the individual truthfully answered that they had a pocketknife, which is legal to carry in that jurisdiction. Can the officer conduct a Frisk?
Imagine an officer has Reasonable Suspicion to believe an individual is involved in illegal narcotics sales. During a Stop and Frisk for weapons, the officer feels a small, soft object in the individual's pocket. The officer, through training and experience, immediately recognizes the object as a baggie of narcotics based solely on touch. Can the officer reach into the individual's pocket and seize the narcotics?
Imagine an officer has Reasonable Suspicion to believe an individual is involved in illegal narcotics sales. During a Stop and Frisk for weapons, the officer feels a small, soft object in the individual's pocket. The officer, through training and experience, immediately recognizes the object as a baggie of narcotics based solely on touch. Can the officer reach into the individual's pocket and seize the narcotics?
According to the provided content, which condition must be met for an officer to conduct a legal frisk?
According to the provided content, which condition must be met for an officer to conduct a legal frisk?
During a frisk, what action is permitted regarding a heavy overcoat?
During a frisk, what action is permitted regarding a heavy overcoat?
If an officer is uncertain about the gender of a person they need to frisk, what is the appropriate action?
If an officer is uncertain about the gender of a person they need to frisk, what is the appropriate action?
While conducting a legal frisk, an officer feels an object that is not a weapon. Under what circumstance can the oficer seize the item?
While conducting a legal frisk, an officer feels an object that is not a weapon. Under what circumstance can the oficer seize the item?
Which of the following is NOT explicitly mentioned as a factor contributing to Reasonable Suspicion for a frisk?
Which of the following is NOT explicitly mentioned as a factor contributing to Reasonable Suspicion for a frisk?
An officer detains a group of individuals, and a frisk of one individual reveals an illegal weapon. How does this impact the decision to frisk the remaining individuals?
An officer detains a group of individuals, and a frisk of one individual reveals an illegal weapon. How does this impact the decision to frisk the remaining individuals?
According to the policy, what is the primary purpose of a Custodial Search?
According to the policy, what is the primary purpose of a Custodial Search?
What is the significance of the 'immediately apparent' standard when seizing non-weapon items during a frisk?
What is the significance of the 'immediately apparent' standard when seizing non-weapon items during a frisk?
An officer initiates a stop based solely on an individual carrying a visible weapon in compliance with local laws. Which statement accurately reflects the legality of this stop according to the provided content?
An officer initiates a stop based solely on an individual carrying a visible weapon in compliance with local laws. Which statement accurately reflects the legality of this stop according to the provided content?
During a frisk of a suspect of the opposite sex, what specific limitations are placed on the scope of the search?
During a frisk of a suspect of the opposite sex, what specific limitations are placed on the scope of the search?
An officer is deciding whether to frisk an individual. The encounter is taking place at night in an area known for drug trafficking but not violent crime. The individual is wearing baggy clothing and avoids eye contact. Which factor is LEAST relevant in establishing reasonable suspicion for a frisk?
An officer is deciding whether to frisk an individual. The encounter is taking place at night in an area known for drug trafficking but not violent crime. The individual is wearing baggy clothing and avoids eye contact. Which factor is LEAST relevant in establishing reasonable suspicion for a frisk?
An officer pats down a suspect's jacket pocket and feels a small, soft object. Without further manipulation, the officer instantly recognizes the object as a bag of marijuana based on its size, shape, and texture, based on prior experience. Can the officer seize this item?
An officer pats down a suspect's jacket pocket and feels a small, soft object. Without further manipulation, the officer instantly recognizes the object as a bag of marijuana based on its size, shape, and texture, based on prior experience. Can the officer seize this item?
A police officer, while frisking a suspect, recovers a weapon. The suspect is immediately placed under arrest. What type of search will the officer perform next?
A police officer, while frisking a suspect, recovers a weapon. The suspect is immediately placed under arrest. What type of search will the officer perform next?
A veteran police officer with over 20 years on the force stops an individual for questioning. During the stop, the individual makes a sudden movement toward their waistband that, based on the officer’s extensive experience, suggests they are reaching for a weapon. However, a less experienced officer might interpret the movement as simply adjusting their clothing. Can the veteran officer rely on their experience to establish Reasonable Suspicion for a Frisk, even if the movement might seem innocuous to others?
A veteran police officer with over 20 years on the force stops an individual for questioning. During the stop, the individual makes a sudden movement toward their waistband that, based on the officer’s extensive experience, suggests they are reaching for a weapon. However, a less experienced officer might interpret the movement as simply adjusting their clothing. Can the veteran officer rely on their experience to establish Reasonable Suspicion for a Frisk, even if the movement might seem innocuous to others?
An officer stops an individual based on Reasonable Suspicion of trespassing. During the stop, the individual becomes increasingly agitated and starts shouting obscenities. While the officer does not observe any signs of a weapon, the individual’s hands remain concealed in their pockets at all times. The officer is alone, in a relatively isolated location. Which of the following actions would be the MOST legally sound approach for the officer to take?
An officer stops an individual based on Reasonable Suspicion of trespassing. During the stop, the individual becomes increasingly agitated and starts shouting obscenities. While the officer does not observe any signs of a weapon, the individual’s hands remain concealed in their pockets at all times. The officer is alone, in a relatively isolated location. Which of the following actions would be the MOST legally sound approach for the officer to take?
Flashcards
Fourth Amendment
Fourth Amendment
Guarantees protection against unreasonable searches and seizures.
Articulable Facts
Articulable Facts
Facts officers can clearly describe leading to suspicion of a crime.
Body Cavity Search
Body Cavity Search
Internal physical exam of body cavities, not just visual.
Custodial Search
Custodial Search
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Frisk
Frisk
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Inventory Search
Inventory Search
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Probable Cause
Probable Cause
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Stop
Stop
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Determining Subject's Sex (ID)
Determining Subject's Sex (ID)
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Determining Subject's Sex (Database)
Determining Subject's Sex (Database)
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Determining Subject's Sex (Inquiry)
Determining Subject's Sex (Inquiry)
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Conflicting Gender Identity
Conflicting Gender Identity
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Doubt Regarding Search
Doubt Regarding Search
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Valid Frisk Standard
Valid Frisk Standard
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Appearance Factor
Appearance Factor
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Furtive Movement
Furtive Movement
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Nervousness During Detention
Nervousness During Detention
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Threatening Behavior
Threatening Behavior
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Prior Offense Record
Prior Offense Record
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Known Reputation
Known Reputation
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High Crime Area
High Crime Area
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Isolated Area
Isolated Area
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Night Time
Night Time
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Serious Violent Offense
Serious Violent Offense
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Multiple Detainees
Multiple Detainees
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Companion's Weapon
Companion's Weapon
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Documentation of Frisk
Documentation of Frisk
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Frisk Scope
Frisk Scope
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Strip Search
Strip Search
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Stop (Police)
Stop (Police)
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Frisk (Police)
Frisk (Police)
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Reasonable Suspicion
Reasonable Suspicion
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Justification for Frisk
Justification for Frisk
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Requirements for Legal Stop and Frisk
Requirements for Legal Stop and Frisk
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Factors for Reasonable Suspicion for a Stop
Factors for Reasonable Suspicion for a Stop
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Situations Where Stop Guidelines DO NOT apply
Situations Where Stop Guidelines DO NOT apply
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Examples of Suspicious Actions
Examples of Suspicious Actions
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Examples of Suspicious Demeanor
Examples of Suspicious Demeanor
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Police Purpose (Stop context)
Police Purpose (Stop context)
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Determining reliability of police informants
Determining reliability of police informants
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Source of Stop and Frisk Guidelines
Source of Stop and Frisk Guidelines
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Main objective of Frisk
Main objective of Frisk
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Officer Requirements Before Frisking
Officer Requirements Before Frisking
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Scope of Custodial Search
Scope of Custodial Search
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Protective Sweep
Protective Sweep
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Metal Detection Wand Use
Metal Detection Wand Use
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Cross-Gender Custodial Searches
Cross-Gender Custodial Searches
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No Female Officer Available: Arrest
No Female Officer Available: Arrest
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Female Officer Searching Male: Scope
Female Officer Searching Male: Scope
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Female Officer Searches Male: Next Step
Female Officer Searches Male: Next Step
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Vehicle Searches Incident to Arrest
Vehicle Searches Incident to Arrest
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Cross-Gender Pat-Down
Cross-Gender Pat-Down
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Handcuffed Subjects
Handcuffed Subjects
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Female Officer Unavailable (Time Consideration)
Female Officer Unavailable (Time Consideration)
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Finding a Weapon: Action
Finding a Weapon: Action
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Male Arrestee/ DCDC
Male Arrestee/ DCDC
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Study Notes
- The Fourth Amendment protects individuals from unreasonable searches and seizures
Policy
- The Omaha Police Department (OPD) searches individuals to remove weapons, locate evidence, and prevent escapes
- Stop and frisks, custodial, inventory, strip, and body cavity searches are conducted according to laws, policies, and procedures
Definitions
- Articulable Facts: Facts officers can verbalize, creating a reasonable suspicion that a person has committed, is committing, or is about to commit a crime
- Body Cavity Search: Internal physical examination of body cavities and organs, not just visual inspection of skin
- Custodial Search: Search for weapons, evidence, and contraband incident to a lawful arrest or when taking someone into custody, including protective custody
- Frisk: A Fourth Amendment search that is limited to detecting concealed weapons
- Inventory Search: Listing personal property for safekeeping, conducted during booking as an extension of a Custodial Search
- Probable Cause: Facts and circumstances within an officer’s knowledge that would warrant a belief a suspect has committed or is committing a crime
- Reasonable Suspicion: Specific inferences from facts that lead to plausible conclusions; less than Probable Cause
- Stop: Temporary seizure of a person, short of an arrest
- Strip Search: Requires removing or arranging clothing to inspect genitals, buttocks, breasts, or undergarments
Procedure: Stop and Frisk
- An officer with Reasonable Suspicion that a crime was, is, or is about to be committed may stop and frisk a person
- Justification is based on the officer’s belief that the individual is a potential danger
- Used before arrest, for officer safety, to search for weapons only
- Not a search for evidence, but for weapons
Requirements for a Legal Stop and Frisk
- Requires a lawful stop based on Unusual conduct leading to Reasonable Suspicion
- Reasonable belief that the person may be armed and dangerous
- Identifying themselves as a police officer
- Making reasonable inquiries
- The officer’s concern for safety is not dispelled by the inquiries
Reporting
- Officers must thoroughly articulate reasons for the stop and frisk in reports
- A Field Contact/Observation Card must be completed at a minimum
- A police officer may stop someone in public if they reasonably suspect that they have committed, is committing, or is about to commit a crime, and demand their name, address, and explanation of actions
Stop Considerations
- Appearance: Fits description of wanted person, signs of injury or intoxication
- Actions: Running from crime scene, behaving suspiciously, incriminating statements
- Prior Knowledge: Arrest record for similar offenses
- Demeanor: Evasive answers, excessive nervousness
- Area: Near crime scene, high crime area
- Time of Day: Late hour, unusual for the area, time when the suspected crime occurs
- Police Training: Conduct matches known criminal patterns
- Police Purpose: Investigating a specific crime, seriousness of potential danger
- Source of Information: Reliability of informant or victim
Guidelines Don't Apply
- When merely talking to someone free to leave
- When stopping someone to make an arrest
- When detaining someone without Probable Cause to arrest them
Frisks
- A valid frisk requires Reasonable Suspicion that safety is in danger due to weapons possession
- Appearance: Bulging clothes
- Actions: Furtive movements, nervousness, threatening words or actions
- Prior Knowledge: Record of weapons offenses or violent behavior
- Location: High crime area, isolated location
- Time of Day: Nighttime, increasing risk
- Police Purpose: Suspicion involves a serious, violent offense
- Companions: Detaining multiple people, weapons found on companions, available assistance
Frisk Procedure
- Consists of a thorough pat down over exterior clothing
- Use of a metal detection wand is allowed if there is Reasonable Suspicion of metal weapons
- When possible, persons will be frisked by an officer of the same sex
- Opposite-sex frisks require MVR/BWC recording or another officer present
- Searches should be recorded with explanation if not, and the name/serial number of the witnessing officer
- Focuses on weapons only, waistband, checking pockets with back of the hand, outer garments
Other Incriminating Evidence
- An officer may seize items other than weapons if Probable Cause exists
- It must be immediately apparent that it is evidence of a crime
- The officer cannot manipulate the item for incriminating character to be ascertained
Concealed/Unconcealed Weapons
- Citizens can carry weapons if they comply with laws
- Officers must follow the OPD “Weapons Offenses – Booking and Charges” policy when stopping someone
Custodial Search
- A search for weapons, evidence, and contraband incident to a lawful arrest and before taking someone into custody
- A full search of clothing and personal property in the person’s possession is required
- As a precaution, officers may look in closets and spaces adjoining the arrest location
Gender Considerations
- Male officers should not conduct Custodial Searches on female subjects
- Male officers who need to search a female should request a female officer to meet them
- If no female officer is available, contact a Sergeant, who will contact DCDC to arrange for a female Corrections officer to conduct the search upon arrival
- Female officers searching male subjects should follow guidelines for opposite-sex frisks, focus on weapons only
- If an item appears to be a weapon, retrieve it regardless of the subject's gender
Non-Traditional Gender Identity/Expression
- Determine gender based on valid government-issued ID or official database
- If unavailable, inquire respectfully as to their gender
- Request an officer of that gender be present during the search
- Notify a supervisor if there is doubt, unless it jeopardizes safety
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Description
This lesson covers police procedures, including the steps to take when uncertain about a subject's sex, the purpose of searches, questioning gender identity, and the certainty required for Stop and Frisk. Also covered is how to handle requests for searches by an officer of a different sex and prohibited information requests.
