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.