This book includes important concepts every law enforcement officer should know about search and seizure law in the State of Pennsylvania. The book is organized as a field guide, with case examples, and legal standards and elements set forth in checklists.
The Fourth Amendment only prohibits one type of search or seizure, the unreasonable one. Therefore, if you’re being “reasonable,” you’re being lawful. Yet, what does it mean to be reasonable? Ask most officers if they are “reasonable” and the replies will assuredly be a resounding “yes.”
So why do we need this book? Because courts do not determine the constitutionality of a search or seizure issue on what officers think. Instead, the courts want officers to articulate certain key factors depending on what type of intrusion took place. When those factors have been satisfied the courts more often than not find the intrusion to be reasonable under the Fourth Amendment.
This book explains what those factors are. It’s written in a checklist-type format and officers around the country have expressed their appreciation for its down-to-earth writing style and easy-to-apply format. Use this book as a training tool. Or reference it while writing your report. And remember, the most important report writing tool is articulation. Articulate, articulate, articulate these factors and others you think are important. That’s how you win trials and avoid needless suppression hearings.”
Anthony Bandiero, March 2021
1. LET’S START WITH THE BASICS 2. CONSENSUAL ENCOUNTERS 3. INVESTIGATIVE DETENTIONS 4. ARRESTS 5. VEHICLES 6. HOMES OVERVIEW & STANDING 7. BUSINESSES & SCHOOLS 8. PERSONAL PROPERTY 9. ELECTRONIC SEARCHES 10. MISCELLANEOUS SEARCHES & SEIZURES 11. SEARCH WARRANTS 12. USE OF FORCE 13. INTERVIEW AND INTERROGATION 14. LAW ENFORCEMENT LIABILITY 15. LEGAL CHECKLISTS INDEX
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