Applied Authorities Chapters 1-11
Search Incident to Arrest
0 suspicion search for weapons evidence or means of escape. Includes heel toe pat down, pockets, wallet, area of immediate control, or objects carried such as a backpack.
Prohibits unreasonable searches and seizures
4th Amendment
What are the building blocks of suspicion
Articulable Facts.
B.I.I.
Brief Investigative Inquiry
4 Sources and Limitations Of BPA Authority
Constitution, Statutes, Regulations, Policies and Directives.
Deadly Force
Force that creates substantial risk of death or serious physical injury
Less - Lethal
Force that is not likely to cause serious physical injury or death
Object Seizure
Government Interference with a possessory right or interest
Seizure of Persons
Government interference with a persons freedom of movement l, however slight, where a reasonable person would not feel free to leave
Where Does Your Authority Come From As A BPA
INA 287 INA 235
Title 8 USC
Immigration Laws
Title 18 USC
Includes Criminal Laws
Title 19 USC
Includes Customs Laws
Arrest in Public
Lawful access (public place) with probable cause that a person committed a violation of the law
Plain View Seizure
Lawful observation (open view observation) with lawful access (open field, warrant, or exception with probable cause to seize is immediate apparent
3 branches of government
Legislative, Executive, Judicial
3 types of seizures
Person, places, or objects
Emergency Search
Probable cause that a true emergency exists in REP location and quick action is necessary to prevent loss of life or property
Now or Never
Probable cause that the object is in the location and is in danger of immediate removal or destruction
Readily Mobile Conveyance
Probable cause that the seizable object is in the conveyance and readily mobile
Hot Pursuit
Probable cause to arrest for a felony, that the person has gone into a REP location, and the agent was in hot pursuit when the person went into REP location
Investigative Detention
Temporary seizure of a person or object to investigate a specific reasonable suspicion of unlawful activity
Consensual Encounter
Voluntary interaction between a person and the government where the person is free to leave at all times
When is force reasonable
When it is reasonable and necessary
6 Levels Of Suspicion
Zero, some or mere, reasonable suspicion, probable cause, reasonable certainty, proof beyond a reasonable doubt.
