GO 100.91 Search and Seizure Policy

False - CHP 216 is NOT REQUIRED for searches of persons on parole, searchable probation, or PCRS.

True / False: A CHP 216 shall be completed for a parole, searchable probation, or PRCS search, even if no contraband or evidence is found.

True

True / False: A search is defined as the physical intrusion into one's person or property to seek potential evidence or contraband that may be concealed. Merely looking at that which is open to view is not a search.

False - ...that SOCIETY is prepared to consider...

True / False: A search occurs when an expectation of privacy that the court is prepared to consider reasonable is infringed.

False - ...when a PEACE OFFICER physically applies force...

True / False: A seizure of a person occurs when a citizen physically applies force, or when a person voluntarily submits to a peace officer's authority.

True

True / False: A seizure of property occurs when there is some meaningful interference with an individual's possessory interest in that property.

True

True / False: An individual may waive their Fourth Amendment right by permitting a law enforcement officer the ability to conduct a warrantless search of their person, house, papers, and effects (including a vehicle). Therefore, a consent search is a lawful procedure utilized by law enforcement officers.

True

True / False: Due to the individuality of standing and the potential of multiple locations to be searched, a separate CHP 202D shall be completed for each consent search requested.

True

True / False: It is the policy of the CHP to enforce the law without fear, favor, or discrimination. The CHP prohibits and does not tolerate violations of its search and seizure policy and/or the constitutional rights afforded to individuals by any member of the Department.

True

True / False: The Fourth Amendment is not violated unless a legitimate expectation of privacy is infringed.

False - ...regardless of rank OR ASSIGNMENT.

True / False: The contents of GO 100.91 are applicable to all uniformed employees regardless of rank on road patrol assignment.

True

True / False: Uniformed employees who have a search warrant or the authority to conduct a search under one of the exceptions to a search warrant are encouraged to request consent from the arrested or detained individual. Supervisor approval to request or conduct a consent search under these circumstances is not required.

3 years

A CHP 202D completed for a consent search request, where the consent was denied, shall be retained at the Area for a period of how long?

True

A CHP 202D shall be completed for all requests for investigatory consent searches, whether or not a search was conducted.

Quarterly

All departmental personnel are required to review this GO and complete Intranet-based search and seizure refresher training how frequently?

3 years

CHP 216 and CHP 202Ds shall be submitted to the Area at the end of the officer's shift for supervisory review. Reviewed forms shall be retained in an established Area file for how long?

California Peace Officers Legal Sourcebook (CPOLS)

In those circumstances where departmental policy does not provide specific direction or guidance regarding the topic of search and seizure, uniformed employees shall comply with the guidelines outlined in the ______.

No

Is a vehicle inventory considered a search?

Shall, Shall not

Officers ______ have the consenting person sign the CHP 202D. If the person refuses to sign, "refusal to sign" shall be marked across section two. If the person is unable to sign, "unable to sign" shall be marked across section two. Officers ________ conduct a consent search if there is a refusal or an inability to sign the CHP 202D.

1) Consent must be granted freely and voluntarily. 2) The person granting consent must have standing over the items to be searched. 3) The scope or limitation of the search must be defined and cannot be exceeded by the officer. 4) The person granting consent has the right and the ability to withdraw consent at any time. 5) Shall not request consent from an individual absent reasonable suspicion or probable cause. 6) A CHP 202D shall be completed by the uniformed employee and signed by the individual prior to the search.

The CHP requirements to obtain a consent to search are:

Probable Cause

The Fourth Amendment, U.S. Constitution, states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon ___, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."