PART XI – SEARCHES AND SEIZURES WITHOUT A WARRANT (suggested time 4 hours)

1. Identify the following regarding motor vehicle stops:

a. The minimum justifications (2) needed to stop a motor vehicle.

b. Actions which may be taken, without additional facts, when an officer stops a motor vehicle.

2. Identify the following regarding searches and seizures under the Motor Vehicle Exception to the Fourth Amendment warrant requirement (automobile exception):

a. The justification for and scope of a search under this exception.

b. Whether an officer may search containers under this exception and any limitations which exist.

c. When a search of an impounded vehicle, based on the Motor Vehicle Exception, is legal and when it is not, and what to do if it is not.

d. Whether “motor homes” may be treated as vehicles for the purpose of searching under this exception and when.

3. Identify the following regarding searches made under emergency or exigent circumstances:

a. The justification for and scope of an emergency search.

b. When a search, based on emergency circumstances, must end.

c. What justifies seizure of blood from an individual whom you have arrested for DUI, and who must take the blood sample?

d. When an officer may use “hot pursuit” as a justification for a warrantless entry to a protected area.

4. Identify the following regarding consent searches:

a. The basic requirements for a legal consent to search.

b. What an officer should do, if possible, to establish that the consent was voluntary.

c. Officer actions which could invalidate a consensual search.

d. The scope of a consensual search.

e. When a search based on consent must end.

f. Given a situation where there is joint possession or use of the property, the person or persons who can give a lawful consent.

g. What an officer should do if the person present has doubtful authority or persons with equal joint authority disagree regarding consent.

h. What will happen if the officer reasonably believed the person had authority at the time the consent was given, but he/she turns out to be wrong?

5. Identify the following regarding administrative searches:

a. The justification for and scope of an inventory of a motor vehicle and any containers found therein.

b. The limitation on the inventory of locked containers found in an impounded motor vehicle.

c. Whether locked glove boxes and trunks may be inventoried and any justification needed.

d. What will happen if an inventory appears to the court to be a pretense for a search?

e. The justification for and scope of an inventory of personal effects during a booking procedure.

f. The limitation on the inventory of locked containers in possession of an arrested party during a booking procedure.

6. State whether suspicionless “random” stops of motor vehicles can be made:

a. For detection of drunk drivers.

b. To locate vehicles being used to transport drugs (narcotics checkpoints) or for other crime control purposes.

c. To gather information about a crime that took place near where the stop was being made.

7. Describe, given a situation involving the searching of a protected area without a warrant, what justification would be needed to perform the search and the proper procedure to be followed.

8. Demonstrate proper warrantless search decision-making and procedure in a role playing situation.