5/200.01 Search and Seizure

What are the three levels of police interaction for the purpose of criminal investigations:

(1) consensual encounter, which is completely voluntary and for which a police officer needs no justification; (2) the investigative detention or Terry stop, which is a seizure of no more than 60 minutes (NRS 171.123), with limited scope and purpose for conducting an investigation and for which a police officer must have reasonable suspicion the person being detained is committing, has committed, or is about to commit a crime, and; (3) the arrest for which a police officer must have probable cause.

What four considerations should be used to determine if an area is curtilage and subject to Fourth Amendment protections?

(1) proximity of the area to the home; (2) whether the area is included in an enclosure which surrounds a home; (3) nature of uses to which an area is put; (4) steps taken to protect the area from observation from passers-by. The legal protection associated with curtilage is always determined in favor of the property owner, not law enforcement.

The Fourth Amendment protects an expectation of privacy that must be both ______ & ______.

1) Reasonable 2) Legitimate

When notified by officers that they will be entering a structure under the Community Care Taking Doctrine the area sergeant will:

1. Acknowledge the call over the radio, and if feasible, respond to the scene. 2. Ensure the preliminary investigation has been conducted by the officer. 3. Confirm the need for the Community Caretaking Search. 4. Determine if the use of a locksmith or the use of an officer's personal lock-picking device is appropriate. 5. Ensure additional units, resources, and medical have been requested, if needed.

What are the four types of warrantless searches of persons?

1. Consent Search 2. Pat down 3. Search Incident to Arrest 4. Personal Property Inventory Search During Arrest

Prior to an officer making entry into a structure for a welfare check under the Community Care Taking Doctrine, the officer will:

1. Ensure a preliminary investigation has been conducted. 2. Determine the need for other resources (i.e., additional officers and use of a catchpole and/or animal control for potential vicious animals). 3. If needed, ensure medical has been requested. 4. Broadcast over the radio the intent to make entry into a structure. 5. Notify an area sergeant before utilizing the services of a locksmith or their personal lock picking device

When should SWAT be notified to serve a pre-prepared search warrant?

1. If equipment is needed beyond what is provided to a patrol officer or forced entry is required, SWAT will be utilized to serve the search warrant. 2. Unknown or violent criminal history associated with persons likely to be present during warrant service. 3. Likelihood that weapons will be encountered.

What are the four types of seizures for persons?

1. Investigative Detention (60-Minute Rule) 2. Vehicle stops (driver and passengers) 3. Arrest 4. Legal 2000

What are the five types of seizures for property?

1. Plain view 2. Abandoned. 3. Premises freeze (electronic storage devices) 4. Search warrant 5. Safekeeping (Protecting an item from theft or to determine ownership)

What are the 12 examples provided by policy of non-SWAT/No I.A.P. search warrants that can be served by Community Policing and Tourist Safety Division officers?

1. Premises Freeze (Not a pre-planned investigative technique) 2. Impounded vehicle (tow yard or facility) 3. Vehicle in police custody pending issuance of a search warrant (roadside) 4. Electronic Data Storage (computers, cell phones, skimmers, internet based storage, etc.) 5. Impounded locked boxes, file cabinets and safes 6. Safe Deposit Boxes 7. Documents and/or parcels held by professional third-parties 8. Buccal Swabs 9. Blood Draw 10. Body Cavity Search 11. Unoccupied storage facilities 12. Any structure reasonably believed to be unoccupied

What are the two types of seizures for residences/structures?

1. Premises freeze 2. Search warrant

When can a motor vehicle be searched when there is no PC evidence is contained in vehicle:

1. Protective frisk for officer safety 2. Inventory 3. Consent search 4. VIN inspection

If the LVMPD is requested to assist with the service of an administrative search warrant by an administrative agency (attorney general, constables, gaming control, CPS etc.) what steps should a patrol sergeant take?

1. Respond to the scene of all requests for assistance in serving an administrative warrant. 2. Review the content of the administrative warrant, ensuring a judge's signature is affixed. 3. Based on the size and design of the structure, ensure the appropriate number of uniformed officers are present to search the structure. 4. Ensure a marked police unit is placed in view of the structure. 5. Prior to entering the structure, officers should announce their presence, the existence of a warrant to enter the structure, and give occupants a reasonable amount of time to exit the structure (consider utilizing the P/A system, if applicable). 6. Before entering the structure, ensure dispatch is aware officers are entering (Code Red is not required). 7. After securing the structure, ensure control is turned over to the administrative agency. The sergeant and administrative agency personnel will confer to determine if LVMPD officers need to remain on-scene. 8. Ensure an officer receives a copy of the warrant, write the LVMPD event number on the warrant and scan the warrant into OnBase.

A written search warrant consists of what parts:

1. Search Warrant Application and Affidavit 2. The Search Warrant 3. Search Warrant Return of Service 4. Sealing Order (when applicable) 5. A Turn Over Order (When Applicable)

When can a motor vehicle be searched when there is PC evidence is contained in the vehicle:

1. Search pursuant to a search warrant 2. Vehicle is readily mobile 3. Consent search

What are the three types of seizures for vehicles?

1. Vehicle stops 2. Impound 3. Search warrant

What are the two classifications of search warrants for the purpose of SWAT service?

1. non-Swat warrants 2. SWAT warrants

Any detention beyond the ______ minutes is a de facto arrest and requires ______ to justify.

60 & probable cause

What is the community caretaking doctrine?

A common law exception to the Fourth Amendment based on the public's expectation that law enforcement may take action to save life or render aid.

Explain a "patdown search":

A pat down (frisk of a person) is limited to the recovery of weapons which may pose a risk to officer safety. It may be conducted by any officer who has reasonable suspicion to believe that the person, who has been detained pursuant to an investigative detention, may be armed and dangerous. If the pat down discloses the presence of a weapon, the weapon shall be seized. If the pat down discloses an item that is immediately identifiable as probable contraband, the item may be seized (plain feel). Whenever practical, a pat down should be conducted by officers of the same gender as the subject.

Explain a "protective sweep."

A quick and limited search of premises conducted for the safety of officers and others. It must be narrowly confined to a cursory visual inspection of those places in which a person might be hiding.

Define a personal property inventory.

A search conducted of items that are transported to a detention facility as personal property. An inventory is not a search for evidence of crime but is justified to protect an owner's property while it is in custody of the police to ensure against claims of lost or stolen property, and to ensure officer and institutional safety. Inventories must be done to standardized criteria which limits officer discretion and ensures that it is not a guise for a general exploratory search.

Define hot pursuit.

A sub-category of "exigent circumstances" allowing entry into a structure when there is probable cause to believe a dangerous person has committed a serious felony. The suspect is fleeing from law enforcement and the officer has direct knowledge of the suspect's location. (Not to be confused with fresh pursuit.)

Define exigent circumstance.

A time critical exception to the search warrant requirement for the purpose of acting on an investigative emergency, based on probable cause for a criminal investigation. Police cannot create the exigent circumstance or use a ruse to affect a warrantless search.

What is an investigative emergency search?

A warrantless search which requires probable cause to: (1) prevent the destruction of evidence of a serious felony offense, or; (2) effect a warrantless arrest of a violent or dangerous suspect who officers have probable cause to believe committed a serious felony or violent offense and may escape if not immediately apprehended, or; (3) hot or fresh pursuit.

Explain "plain view."

An exception to the search warrant requirement that must satisfy these conditions: (1) the officer must be in a position in which he has a legal right to be; (2) the items must be immediately recognizable as contraband or evidence; and (3) the seizure must be made without substantial addition intrusion. (Not to be confused with open view.)

Explain an "inventory of a vehicle":

An inventory is not a search for evidence of crime but is justified to protect an owner's property while it is in custody of the police to ensure against claims of lost or stolen property and to guard the police from danger. Inventories must be done to standardized criteria which limits officer discretion and ensures that it is not a guise for a general exploratory search. When a vehicle is impounded an officer will conduct an inventory of that vehicle and containers found therein and record all personal property on the LVMPD 503, Vehicle Impound Report.

What must officers possess to make entry into a structure and make a probable cause arrest?

Arrest warrant or a search warrant to enter a structure for the purpose of making a probable cause arrest (the Payton Rule).

Upon conclusion of a search warrant service, the supervisor must ensure the following is completed:

Ensure, upon the conclusion of the search, that: 1) The Search Warrant Return and Property Report (LVMPD 67a) describing the items seized pursuant to the search warrant has been properly completed. 2) All evidence/confiscated property has been collected by the search teams and properly documented. 3) Copies of the search warrant, application and affidavit for search warrant or seal and return are left at the location of the search. 4) Complete exit photos have been taken to include search warrant documents left at location of search. 5) All team members' personal and Department-issued equipment is removed from the location of search. 6) Search team members do not make statements regarding liability for repairs. Such determination will be handled through the risk manager. If applicable, contact the on-call Risk Management representative regarding unusual circumstances. The name and telephone number of the on-call representative can be obtained from the Communications Bureau. d. Coordinate the securing of the premises in a manner so as not to appear open to passersby.

Explain an "entry to examine a vehicle's VIN":

Federal law requires vehicles to carry a vehicle identification number (VIN) visible from the outside of the vehicle. When a vehicle is lawfully stopped, an officer may enter the vehicle to look for and examine the VIN if the VIN in the front window is obscured. The intrusion must be limited to actions reasonably necessary to accomplish these goals.

Explain a "personal property inventory search during arrest":

For officer and institutional safety, items that are transported to a detention facility as personal property will be thoroughly searched prior to entering the detention facility. Contraband will be removed and documented on a Property Report (LVMPD 67a) by the arresting/transporting officer. Non-contraband items will be transferred to detention personnel for safekeeping and completion of the inventory documentation.

Explain a "probable cause vehicle search":

If a vehicle is readily mobile and probable cause exists to believe it contains contraband or evidence, the Fourth Amendment permits officers to search the vehicle. The search may include all locked or unlocked containers located inside the vehicle where the item may be found.

Explain "plain feel."

If during a pat down the officer feels an item that is not suspected to be a weapon, but is immediately apparent without manipulation from the mass and shape that the item is probably contraband, the officer can legally seize the item.

Define fresh pursuit.

Occurs when there is probable cause that a person who is wanted for a serious felony is inside a home or other private place and is about to flee. (Not to be confused with hot pursuit.)

Explain a "consent search":

Officers can ask for consent to search a person. Consent must be freely and voluntarily given. The consenting person must know what the officer is searching for and have the ability to revoke consent at any time.

If officers enter a structure under the Community Care Taking Doctrine, what must the officers do or complete after entering the structure?

Officers who enter a structure will update details in CAD.

Explain a "vehicle search incident to arrest":

Officers will not search a vehicle Incident to Arrest.

When can field strip searches occur?

Only in the rarest of circumstances where the life of officers or others may be placed at risk and only with the explicit approval of a lieutenant and only in the presence of a supervisor.

Explain a "frisk of a vehicle for weapons":

Prior to allowing persons to re-enter a vehicle on a traffic or vehicle stop, an officer may conduct a frisk of the vehicle for weapons. The officer must be able to articulate reasonable suspicion that a weapon is contained inside the vehicle. The frisk must be confined to the area of the vehicle where any person may have immediate access. The officer may only search unlocked compartments or areas where a weapon may be present. Areas not immediately accessible to the vehicle's occupants such as a locked glove box or other locked containers shall not be frisked

What does the Fourth Amendment protect?

Protects citizens from unreasonable searches and seizures. "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures..."

Regarding the Community Care Taking Doctrine, if a entry and search on those grounds reveals no life safety issue exists, what must officers do?

Stop searching immediately.

Arrest is a show of authority by an officer, in words or actions or both, which would cause a reasonable person to think that they were being deprived of their liberty more than temporarily (i.e., more than an investigative detention), and involves either _________ or _______.

Submission by the subject to the officer's show of authority or actual physical touching which places the subject under the control of the officer.

Explain the Community Care Taking Doctrine's purpose and scope.

The doctrine's scope is limited. "Check the welfare" situations are totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute. The officer's intent and motivation must be to save life or render aid. The facts and circumstances must objectively support the officer's belief that someone is in distress. If the investigation reveals facts to indicate a crime has been committed, the officer may transition to a criminal investigation.

What should officers do during a traffic stop if a driver becomes non-compliant when asked to provide identification or other documentation?

The driver will be considered an obstructive subject and a supervisor will be notified and respond to determine how to proceed.

Explain a "search incident to arrest of a person":

The search of the arrestee must be conducted at the time of arrest or immediately thereafter when the officer deems it safe to do so. The search should be more thorough than a pat down and will consist of removing all items from the arrestee's pockets, shoes, socks, etc. Personal property immediately associated to the arrestee will not be searched incident to arrest. Whenever practical, a search should be conducted by officers of the same gender as the subject.

Explained "open view."

What a person knowingly exposes to the public is not protected by the Fourth Amendment no matter where the exposure takes place. It does not justify a warrantless seizure. (Not to be confused with plain view.)

Explain a "search of a residence/structure with a warrant" (what can or cannot be done by officers):

When serving a search warrant, officers may search all areas of the residence and vehicles or structures contained within the curtilage of the property that could contain items sought to be seized pursuant to the search warrant. The nature and size of the items sought to be seized will dictate where officers may search for that item (i.e., officers may not look for a bicycle in a dresser drawer, etc.). Once all items sought to be seized have been recovered, the search must immediately cease.

When serving a search warrant on a vehicle, may officers search all areas of the vehicle to include locked and unlocked containers?

Yes, as long as those areas "could contain the items sought pursuant to the warrant."

Does a supervisor need to review a search warrant application for evidentiary blood samples?

Yes. Specifically, making sure there is probable cause to believe the subject is under the influence of intoxicating liquor or prohibited substance while driving or in actual physical control of a motor vehicle.

What is the immediate supervisor's requirements after an officer has drafted a written, telephonic, or electronic search warrant:

a. Ensure the investigating officer has de-conflicted the investigation by notifying RISSafe per LVMPD 5/106.30, Using the RISSafe Nevada Watch Center. Additionally, when required, ensure the investigating officer contacted the investigative section/detail associated with the crime being investigated to further de-conflict. b. Read the application and affidavit for a search warrant, ensuring the officer has established a probable cause nexus between the place to be searched and the items sought to be seized. c. If applicable, ensure the officer corroborated information received from informants, identifying their reliability, source of knowledge and motivation per LVMPD 5/206.24, Informants and Associated Funds Management. d. Verify all information that will be put into the application and affidavit for search warrant by reviewing all supporting documentation in the case file and the attached Incident Action Plan (if applicable). e. Verify that all other "officer responsibilities" have been completed. f. After review, authorize affiant to contact a representative of the District Attorney's Office for review and approval.

What are a supervisor's responsibilities during the service of a search warrant?

a. Participate in the service phase of the search warrant. If multiple search warrants are being served simultaneously or consecutively, ensure additional supervisors are assigned and briefed for each location. b. When feasible, the supervisors will be inside the residence to ensure detectives/officers complete assigned tasks and handle/document evidence appropriately

Exceptions related to criminal investigations where the Fourth Amendment does not apply are:

1) Open View 2) Person has no standing to assert a legal right 3) Trash searches outside the curtilage 4) Detention facilities 5) Abandoned Property 6) Searches by a private citizen not acting as an agent of the government

What must officers possess to enter a structure owned by a third party to serve an arrest warrant or to make a probable cause arrest?

A search warrant (Steagald Rule)

What is curtilage?

Area(s) near a residence where the residents have a reasonable expectation of privacy.

During an investigative detention an officer can ask for identification, is the person required to produce a government-issued ID?

No. If a person only provides a name, officers may require additional personal identifying information such as date of birth or social security number in order to verify identity

What is the determinization to impound a firearm for safekeeping based off?

Should be for life safety or to determine ownership (e.g., found firearm)

What is the purpose of RISSafe?

To discover conflicts with another investigating section/detail or agency regarding a person or place under investigation.

Searches without a warrant are ____, per se...

Unlawful

When serving a search warrant, does a supervisor need to be present?

Yes

What do investigative detentions (Terry stops) allow officers to stop a person and ascertain from them?

a. Identity b. Purpose

What do consensual encounters require?

a. No legal justification. b. A person must feel free to leave at any time, and an officer must honor the person's right not to stop or engage in conversation. c. A person's freedom of movement cannot be impeded in any way by the officer's actions. d. A person who has engaged in a consensual encounter may revoke consent at any time.

All searches without a warrant are ______ per se unless there is a valid Fourth Amendment exception.

illegal