Features a critical analysis and application of the Fourth Amendment and Virginia laws of Arrest, Search and Seizure.
The latest Blue360° Media Edition of the Virginia Search and Seizure for Law Enforcement Officers is a valuable manual covering the Fourth Amendment and pertinent Virginia case law. Topical material that clearly sets forth the rules and concepts pertaining to search and seizure is topical and central to the performance of the law enforcement officer's daily duties. Both instructors and students will find this to be an ideal classroom text for law enforcement training courses. Topics analyzed include:
• Probable Cause • Use of Force • Search Warrants • Searches and Arrests without Warrants • Consent Searches • Third-party Consent • Securing Premises • Occupant Detention • Mistaken Arrests • Overnight and Temporary Guests • Investigative and Probable Cause Searches • The Terry Stop • Flight, Pursuit, Public Danger • Return of Documents During Routine Traffic Stops • Search Incident to Citation • Inevitable Discovery • Officer Acting as Private Citizen • And much more.
TABLE OF CONTENTS Acknowledgement ............................................................................v Introduction ...................................................................................vii Chapter Page 1 Is the Fourth Amendment Applicable?.................................1 A. Government Action .................................................................1 B. Reasonable Expectation of Privacy ........................................3 C. Standing ................................................................................13 D. Consent..................................................................................16 Implied Consent....................................................................17 Scope of Consent ...................................................................18 Passive Acquiescence ...........................................................21 Withdrawal of Consent.........................................................23 Return of Documents During Routine Traffic Stops ..........23 Consent Obtained During Custody......................................30 Third-Party Consent.............................................................31 E. Abandonment........................................................................36 F. The Caretaker Function .......................................................40 2 Has the Fourth Amendment Been Satisfied? ...................43 A. Probable Cause Defined and the Collective Knowledge Doctrine .................................................................................43 B. Seizure of the Person (Generally) .......................................50 What happens when one fails to comply with an officer’s order?...............................................................58 Pretext Seizures: Traffic Stops and Other Definitions .......61 C. Warrantless Arrests..............................................................65 D. Mistaken Arrests...................................................................67 E. Misdemeanor Arrests............................................................68 F. Manner of Arrest: Use of Force ............................................70 G. Arrest Warrants—Home Entries .........................................76 Protective Sweeps .................................................................80 Exigent Circumstances.........................................................84 Hot Pursuit............................................................................89 Emergency Doctrine/Exigent Circumstances......................91 Community Caretaking Function Justifying Warrantless Dwelling Searches ..................................95
Evaporation of Exigency......................................................98 H. Search Warrants ...................................................................99 Description of the Place to Be Searched ............................100 Description of Things to Be Seized ....................................102 Scope ...................................................................................104 Detention of Occupants During Search .............................106 Search/Frisk of Person Found On Premises......................108 Anticipatory Search Warrants ...........................................110 Staleness..............................................................................115 Sufficiency and Requirements of Affidavits.......................117 Probable Cause and the Warrant Affidavit.......................122 Search Warrant Execution .................................................128 I. Property Seizures................................................................139 J. The Exclusionary Rule........................................................140 K. Good Faith...........................................................................143 3 Vehicle Searches ....................................................................147 A. Probable Cause....................................................................147 B. Canine Sniff Searches.........................................................150 C. Inventory Searches .............................................................151 D. Scope Based on Probable Cause.........................................154 E. Search Incident to Arrest of Vehicle/Occupant .................157 Passenger Compartment Searches ....................................157 F. Routine Traffic Stops; Treatment of Drivers and Passengers...........................................................................161 G. Community Caretaking: Justifying Vehicle Impoundment......................................................................163 H. Roadblock/Checkpoints.......................................................165 I. Vehicle Pursuits .................................................................167 4 Search Incident to Arrest ....................................................169 A. Persons ................................................................................169 B. Search Incident to Citation ...............................................169 C. Strip Searches and Body Cavity Searches.........................172 D. Cell Phones..........................................................................176 E. Inventory of Arrestee ..........................................................176 F. Monitoring Prisoners or Suspects ......................................177 G. Inevitable Discovery ...........................................................178 5 Plain View................................................................................179 A. Plain Feel.............................................................................184 B. Plain View: Other Senses ...................................................188 6 Investigatory Stops................................................................191 A. General Principles...............................................................191 B. Grounds For The Detention................................................194 Drug Courier Profiles..........................................................195 Informant Tip as a Basis for Reasonable Suspicion..........197 Public Danger/Firearm Exception......................................206 Avoidance of Vehicle Check Points ....................................207 Unprovoked Flight..............................................................210 Withdrawal/Refusal of Consent as a Factor Supporting Reasonable Suspicion.................................................212 DUI, Traffic, Equipment, Motor Vehicle Violations, and Other Investigative Traffic Stops.......................214 Officer Acting as a Private Citizen.....................................221 Proximity to the Scene/Area of Suspected Activity/ Other Circumstances Justifying the Investigative Stop .............................................................................222 C. Questioning During the Investigative Stop.......................226 D. Reasonable Suspicion Found Lacking ...............................228 E. Scope/Length of the Investigative Detention ....................232 Forcible Stops: Display Of Weapons, Use of Cuffs, Etc. ...237 F. Protective Searches: The “Frisk”........................................240 Nature of the Offense .........................................................250 Companion Frisks ...............................................................252 Detection/Inspection of Objects Found During the Frisk .....................................................................258 G. Scope of the Frisk ...............................................................259 Suspects...............................................................................259 Vehicles................................................................................261 7 Conclusion...............................................................................263
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