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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 ensure personal safety and prevent potential harm

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

Fidgeting or shaking

What is the primary objective of a frisk search?

To discover weapons and ensure officer safety

Which of the following circumstances would justify a frisk search?

<p>If the officer has reasonable suspicion or probable cause</p> Signup and view all the answers

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

<p>If the person is known to carry weapons or contraband from prior experience or reliable information</p> Signup and view all the answers

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

<p>A suspect's over-informative answers to direct investigative questioning</p> Signup and view all the answers

Under what circumstances can a body cavity search be conducted?

<p>Pursuant to a duly executed search warrant, under sanitary conditions by a physician, registered nurse, or practical nurse</p> Signup and view all the answers

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

<p>From the rear</p> Signup and view all the answers

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

<p>It provides the least opportunity for movement</p> Signup and view all the answers

What is the purpose of handcuffing an arrested person?

<p>To ensure the safety of the officer and control the suspect</p> Signup and view all the answers

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

<p>Palms facing outward</p> Signup and view all the answers

What is the purpose of a vehicle search?

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

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

<p>Probable cause or one of the other limited exceptions</p> Signup and view all the answers

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

<p>The driver hesitates to stop or pulls to the shoulder and then back into traffic</p> Signup and view all the answers

What is a common and important area of patrol duty?

<p>Conducting vehicle searches</p> Signup and view all the answers

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

<p>Kneeling, facing away from the officer</p> Signup and view all the answers

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

<p>To ensure the officer's safety</p> Signup and view all the answers

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

<p>Use a pen or mini-flashlight to search</p> Signup and view all the answers

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

<p>To hamper an abrupt, major movement</p> Signup and view all the answers

When can a body cavity search be conducted?

<p>Only with probable cause</p> Signup and view all the answers

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

<p>To avoid allegations of impropriety</p> Signup and view all the answers

What is the primary goal of searching a suspect?

<p>To ensure the officer's safety</p> Signup and view all the answers

What is the definition of a strip search?

<p>The removal or rearrangement of some or all of the clothing of a person</p> Signup and view all the answers

In what circumstances can a strip search be conducted?

<p>Only with probable cause</p> Signup and view all the answers

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

<p>To ensure the officer's safety</p> Signup and view all the answers

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

<p>Because it may lead to missing additional weapons or evidence</p> Signup and view all the answers

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

<p>A weapon may be in the vehicle or with the occupants.</p> Signup and view all the answers

What may indicate that occupants are hiding something?

<p>Their excessive nervousness and avoidance of eye contact.</p> Signup and view all the answers

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

<p>Because the driver does not have a valid license or is under the influence.</p> Signup and view all the answers

What may be a reason to search a vehicle?

<p>Vehicle type and intelligence suggesting weapons involvement.</p> Signup and view all the answers

What may be seized without a warrant?

<p>Only items in plain view.</p> Signup and view all the answers

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

<p>Probable cause and the motor vehicle exception.</p> Signup and view all the answers

What may be searched incident to arrest?

<p>The passenger compartment and containers inside.</p> Signup and view all the answers

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

<p>To minimize risk when dealing with a wanted felon.</p> Signup and view all the answers

What may indicate furtive movements?

<p>Licking their lips or swallowing repeatedly.</p> Signup and view all the answers

What may be a reason to frisk a motorist?

<p>The officer suspects the motorist is armed and dangerous.</p> Signup and view all the answers

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

<p>To uphold the department's care-taking policy</p> 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?

<p>Search with a partner and methodically</p> Signup and view all the answers

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

<p>Have occupants stand in a safe location where they would not be struck by a passing vehicle</p> Signup and view all the answers

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

<p>Use a small hand mirror and wear gloves</p> Signup and view all the answers

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

<p>Have the occupant stand in a safe location</p> Signup and view all the answers

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

<p>Because the officer's safety may be compromised</p> Signup and view all the answers

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

<p>Conduct a routine warrantless inventory search</p> Signup and view all the answers

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

<p>To locate contraband or hidden items</p> Signup and view all the answers

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

<p>Call for backup before searching the vehicle</p> Signup and view all the answers

What should an officer do when conducting a vehicle search?

<p>Search the vehicle methodically and thoroughly</p> 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
  • 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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