Police Search and Seizure Procedures

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Questions and Answers

What is the main reason a police officer should conduct a thorough search of a person?

To establish probable cause or reasonable suspicion

To prolong the investigation and gather more evidence

To ensure personal safety and prevent potential harm (correct)

To intimidate or dominate the suspect

Which of the following behaviors would most likely indicate a suspect's nervousness during a field interview?

Listening attentively to the officer's questions

Maintaining direct eye contact

Providing concise and clear answers

Fidgeting or shaking (correct)

What is the primary objective of a frisk search?

To intimidate the suspect

To discover contraband or evidence

To prolong the investigation

To discover weapons and ensure officer safety (correct)

Which of the following circumstances would justify a frisk search?

If the officer has reasonable suspicion or probable cause (D) Signup and view all the answers

What would be a valid reason to suspect that a person may be carrying a weapon or contraband?

If the person is known to carry weapons or contraband from prior experience or reliable information (C) Signup and view all the answers

What is an example of a verbal element that may aid in establishing probable cause or reasonable suspicion?

A suspect's over-informative answers to direct investigative questioning (C) Signup and view all the answers

Under what circumstances can a body cavity search be conducted?

Pursuant to a duly executed search warrant, under sanitary conditions by a physician, registered nurse, or practical nurse (C) Signup and view all the answers

What is the recommended position for an arrested person to be handcuffed?

From the rear (C) Signup and view all the answers

Why is the prone position considered the best for temporarily incapacitating a suspect?

It provides the least opportunity for movement (C) Signup and view all the answers

What is the purpose of handcuffing an arrested person?

To ensure the safety of the officer and control the suspect (C) Signup and view all the answers

What is the recommended way to position the palms when handcuffing an arrested person?

Palms facing outward (D) Signup and view all the answers

What is the purpose of a vehicle search?

To find evidence of a crime (C) Signup and view all the answers

What is necessary to justify a warrantless search of a vehicle?

Probable cause or one of the other limited exceptions (B) Signup and view all the answers

What may suggest that something is wrong during a traffic stop?

The driver hesitates to stop or pulls to the shoulder and then back into traffic (B) Signup and view all the answers

What is a common and important area of patrol duty?

Conducting vehicle searches (B) Signup and view all the answers

What is the recommended position for a suspect during a kneeling search?

Kneeling, facing away from the officer (A) Signup and view all the answers

What is the primary reason for conducting a search incident to arrest?

To ensure the officer's safety (A) Signup and view all the answers

When searching a female suspect, what technique should a male officer use to avoid allegations of impropriety?

Use a pen or mini-flashlight to search (B) Signup and view all the answers

What is the purpose of having a suspect kneel with their fingers intertwined behind their neck or head?

To hamper an abrupt, major movement (D) Signup and view all the answers

When can a body cavity search be conducted?

Only with probable cause (A) Signup and view all the answers

Why should a male officer call a female officer for assistance when searching a female suspect?

To avoid allegations of impropriety (C) Signup and view all the answers

What is the primary goal of searching a suspect?

To ensure the officer's safety (A) Signup and view all the answers

What is the definition of a strip search?

The removal or rearrangement of some or all of the clothing of a person (B) Signup and view all the answers

In what circumstances can a strip search be conducted?

Only with probable cause (A) Signup and view all the answers

What is the purpose of searching a suspect's waistband first?

To ensure the officer's safety (B) Signup and view all the answers

Why should an officer not 'search short' when searching a suspect?

Because it may lead to missing additional weapons or evidence (D) Signup and view all the answers

What may be concluded if a vehicle is reported to have been involved in an armed robbery?

A weapon may be in the vehicle or with the occupants. (A) Signup and view all the answers

What may indicate that occupants are hiding something?

Their excessive nervousness and avoidance of eye contact. (C) Signup and view all the answers

Why might a driver and front-seat occupant change seats during a traffic stop?

Because the driver does not have a valid license or is under the influence. (C) Signup and view all the answers

What may be a reason to search a vehicle?

Vehicle type and intelligence suggesting weapons involvement. (B) Signup and view all the answers

What may be seized without a warrant?

Only items in plain view. (D) Signup and view all the answers

What allows an officer to search a vehicle without a warrant?

Probable cause and the motor vehicle exception. (B) Signup and view all the answers

What may be searched incident to arrest?

The passenger compartment and containers inside. (D) Signup and view all the answers

Why might an officer radio for backup during a traffic stop?

To minimize risk when dealing with a wanted felon. (D) Signup and view all the answers

What may indicate furtive movements?

Licking their lips or swallowing repeatedly. (C) Signup and view all the answers

What may be a reason to frisk a motorist?

The officer suspects the motorist is armed and dangerous. (D) Signup and view all the answers

What is the primary purpose of conducting a routine warrantless inventory search of a lawfully impounded automobile?

To uphold the department's care-taking policy (B) Signup and view all the answers

When searching a vehicle, what should an officer do to avoid becoming apathetic and to maintain control of the situation?

Search with a partner and methodically (C) Signup and view all the answers

What is the recommended procedure when searching a vehicle with multiple occupants?

Have occupants stand in a safe location where they would not be struck by a passing vehicle (C) Signup and view all the answers

During a vehicle search, what should an officer do to ensure their own safety?

Use a small hand mirror and wear gloves (B) Signup and view all the answers

What should an officer do when searching a vehicle with a single occupant?

Have the occupant stand in a safe location (D) Signup and view all the answers

Why should an officer not search an occupied vehicle at night?

Because the officer's safety may be compromised (D) Signup and view all the answers

What should an officer do when searching a vehicle with a lawfully impounded automobile?

Conduct a routine warrantless inventory search (D) Signup and view all the answers

What is the primary purpose of a thorough search of a vehicle?

To locate contraband or hidden items (A) Signup and view all the answers

What should an officer do when searching a vehicle with a suspicious occupant?

Call for backup before searching the vehicle (D) Signup and view all the answers

What should an officer do when conducting a vehicle search?

Search the vehicle methodically and thoroughly (C) Signup and view all the answers

Study Notes

Search of Persons

A sloppy search can be life-threatening, and court cases may be affected by the conduct of a personal search.
Verbal and non-verbal elements that aid in establishing probable cause or reasonable suspicion:
- Suspect's refusal or reluctance to answer direct investigative questions
- Over-informative answers to direct investigative questioning
- Refusal to make normal eye contact during field interview
- Changing walking pace, pattern, or direction when the officer is first notified
- Voice shaking or trembling during field interview
- Appearing nervous and fidgety during field interrogation
- Suspect known to carry weapons or contraband
- Reaching into pockets upon noticing officer presence

Types of Searches

Frisk: a carefully limited search of the outer clothing to discover weapons
Search incident to arrest: a warrantless search of the arrested person and surrounding area
Incapacitate person: techniques to temporarily incapacitate a suspect, including handcuffing and prone or kneeling positions
Search methods:
- Waistband search first, then systematic head-to-foot search
- Do not assume that finding one weapon means there are no others
- Male officers searching female persons: use techniques to guard against allegations of impropriety/molestation
- Use a pen or mini-flashlight to search, and avoid using fingers to touch

Searching Persons

Three positions most utilized by officers:
- Standing
- Kneeling
- Prone
Standing position:
- Utilize a wall or other vertical surface
- Greatest risk to the officer
Kneeling position:
- Used in open areas
- Have suspect kneel, facing away from the officer, with fingers intertwined behind their head or neck and ankles crossed
- Offers more protection for the officer
Prone position:
- Probably the best position to use to incapacitate a suspect
- Order the suspect to go down on the ground on their stomach, face down, with arms outstretched and palms up
- Offers the most protection for the officer

Strip Search and Body Cavity Search

Strip search: removal or rearrangement of clothing to permit an inspection of genitals, buttocks, anus, breasts, or undergarments
Body cavity search: inspection of a person's anus or genitalia
Both require probable cause to believe the person is concealing a weapon, evidence, or contraband

General Information - Methods

An arrested person should be handcuffed first, prior to searching
Approach from the subject's rear
Do not attempt to handcuff/search more than one person by yourself
Take your time and search thoroughly
Keep gun side away from the suspect

Handcuffing in Arrest Situations

Purpose:
- Safety of the officer
- Control
- Minimize escape possibilities
Techniques:
- Always handcuff behind the back with palms facing out
- Palms positioned inward permit grabbing and holding

Vehicle Searches

Vehicle searches are a common and important area of patrol duty
Major crimes are often discovered as a result of vehicle stops and searches
Physical and verbal elements that may establish probable cause and justify warrantless search of vehicles:
- Movement of the vehicle
- Verbal threats made to the officer
- Number of occupants in the vehicle
- Nature of the offense in which the vehicle is/was involved
- Behavior of occupants (danger signs)
- Furtive movements
- Type of vehicle involved and knowledge of weapons involved
- Suspect vehicle turning at a 45-degree angle toward the police when being stopped

Methods of Vehicle Search

Frisking a motorist: stop and frisk a motorist if all stop and frisk criteria are met
Search incident to arrest of persons in a vehicle: search the passenger compartment and any containers inside
Plain view: seize items in plain view at the time of an arrest if there is probable cause to believe the items are contraband or evidence
Motor vehicle exception: conduct a warrantless search of the car at another time and place if the car was in motion or mobile at the time of arrest
Inventory procedure: conduct a routine warrantless inventory search of the passenger area, including the glove compartment, or any lawfully impounded automobiles

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Description

This quiz covers the procedures and protocols for police officers to conduct searches of persons, including establishing probable cause and reasonable suspicion. It also discusses the importance of proper search techniques for personal safety and the impact on court cases.