terry search/stop & frisk © grounds –lawful stop based on reasonable suspicion that criminal...

Terry Search/Stop & Frisk ©

• Grounds – Lawful stop based on Reasonable Suspicion

that criminal activity has just occurred, is occurring, or will occur in the imminent future and

– Reasonable suspicion that the subject is armed and dangerous

Terry Search/Stop & Frisk ©

• Grounds

– Lawful stop based on Reasonable Suspicion that criminal activity has just occurred, is occurring, or will occur in the imminent future and


• Rational– Officer Safety

Terry Search/Stop & Frisk ©• Grounds



• Rational– Officer Safety

• Scope– Persons– Containers which may be used to hide a

weapon which may be used to harm P.O.

(Plain Touch/Plain View/Plain Smell)

Terry Search/Stop & Frisk ©• Grounds



• Rational• Scope

– Persons– Containers which may be used to hide a weapon which may be used to harm P.O.

(Plain Touch/Plain View/Plain Smell)

• Intensity – Limited to outer garments or areas of the

person where weapons could be hidden– Containers if they are situated within proximity

to pose a risk to PO’s safety

Search Incident to Arrest ©

• Grounds – A Lawful Arrest– If Unlawful any evidence is suppressed as

fruit of the poisonous tree, see Wong Sun v. US

Search Incident to Arrest ©• Grounds

– An Lawful Arrest

• Rational – Disarm the arrestee/Officer Safety– Prevent the destruction of evidence


– A Lawful Arrest • Rationale

– Officer Safety – Destruction of Evidence

• Scope - Chimel

– The person of the Arrestee

– Area near the arrestee’s control


– A Lawful Arrest• Rationale

– Officer Safety – Destruction of Evidence

• Scope– The person of the Arrestee– Area near the arrestee’s control

• Intensity– Everything even looking for the tiniest

smidgen of evidence– Person can be searched anytime or anyplace– Area only within short proximity of arrest

• Timing

Terry Stop/Traffic Stop Searches ©

• Grounds– Reasonable Suspicion– Traffic Stop


• Grounds

– Reasonable Suspicion

– Traffic Stop

• Rationale– Officer safety




• Scope– Passenger Compartment




• Scope

– Passenger Compartment

• Intensity– Anything which could conceal a weapon

Custodial Arrest Vehicle Search ©

• Grounds– Lawful Arrest


• Grounds

– Lawful Arrest

• Rationale– Same as Chimel– Officer’s Safety– Prevent the destruction of evidence


• Grounds

– Lawful Arrest

• Rationale

– Same as Chimel

– Officer’s Safety

– Prevent the destruction of evidence

• Scope– Passenger compartment and everything

inside


• Grounds– Lawful Arrest

• Rationale– Same as Chimel– Officer’s Safety– Prevent the destruction of evidence

• Scope– Passenger compartment and everything inside

• Intensity– Unlock containers inside passenger

compartment– Timing

Probable Cause Vehicle Searches ©

• Grounds– Probable Cause to believe MV contains

evidence or contraband which legally may be seized.


• Grounds

– Probable Cause to believe MV contains evidence or contraband which legally may be seized.

• Rationale– Vehicles are mobile and E might be gone by

the time LEP returns with SW.


• Grounds

– Probable Cause to believe MV contains evidence or contraband which legally may be seized.

• Rationale

– Vehicles are mobile and E might be gone by the time LEP returns with SW.

• Scope– Bumper to Bumper


• Grounds– Probable Cause to believe MV contains evidence or contraband

which legally may be seized.• Rationale

– Vehicles are mobile and E might be gone by the time LEP returns with SW.

• Scope– Bumper to Bumper

• Intensity– Remove Parts

• Timing

Vehicle Searches w. PC ©

• Grounds– PC– E present of criminality of Contraband

• Rational– Mobility of MV– Owner

• Scope – Entire Vehicle Bumper to Bumper

• Intensity– Any Container which could hold E

Inventory Personal Searches ©• Grounds

– A Lawful Arrest

– Department Regulations

• Rational– Secure the Arrestee’s Valuables– Protect PD against false claims of theft– Prevent contraband and weapons from being

introduced into lockup/jail/prison


– Secure the Arrestee’s Valuables– Protect PD against false claims of theft– Prevent contraband and weapons from being introduced into lockup/jail/prison

• Scope– Arrestee


– Secure the Arrestee’s Valuables– Protect PD against false claims of theft– Prevent contraband and weapons from being introduced into lockup/jail/prison

• Scope– Arrestee

• Intensity– As intense as PD regulations allow– As intense as State Statutes allow

• 725 ILCS 5/103-1

• (725 ILCS 5/Art. 103 heading) • ARTICLE 103. RIGHTS OF ACCUSED•

(725 ILCS 5/103‑1) (from Ch. 38, par. 103‑1) Sec. 103‑1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant. (b) After an arrest without a warrant the person making the arrest shall inform the person arrested of the nature of the offense on which the arrest is based. (c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance. (d) "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person. (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search. (f) Every peace officer or employee of a police department conducting a strip search shall: (1) Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section. (2) Prepare a report of the strip search. The report shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search. (g) No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State. (h) Any peace officer or employee who knowingly or intentionally fails to comply with any provision of this Section is guilty of official misconduct as provided in Section 103‑8; provided however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another section of this Code. (i) Nothing in this Section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief. (j) The provisions of subsections (c) through (h) of this Section shall not apply when the person is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court order. (Source: P.A. 81‑1509.)

Inventory Vehicle Searches ©

• Grounds– A Lawful Impoundment

– Legal Authority to Impound

– Decision Made in Good Faith


• Grounds

– A Lawful Impoundment

– Legal Authority to Impound

– Decision Made in Good Faith

• Rational– Police are Performing a Caretaker

Function


• Grounds– A Lawful Impoundment– Legal Authority to Impound– Decision Made in Good Faith

• Rational– Police are Performing a Caretaker Function

• Scope– Entire Vehicle but no Dismantling

Inventory Vehicle Searches ©• Grounds

– A Lawful Impoundment– Legal Authority to Impound– Decision Made in Good Faith

• Rational– Police are Performing a Caretaker Function

• Scope– Entire Vehicle but no Dismantling

• Intensity– Safeguard valuables Contained in Vehicle– Protect PD from unsubstantiated allegations – Locate Potential Hazards

terry search/stop & frisk © grounds –lawful stop based on reasonable suspicion that criminal...

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