Search and Seizure Procedures Flashcards

What must officers establish before conducting a frisk during a Terry stop?

Answer: Reasonable belief the person is armed and dangerous

A protective frisk (pat-down) during a Terry stop is only permissible when officers have reasonable belief the person may be armed and dangerous.

If an officer is conducting a valid frisk and feels an object that is immediately apparent as contraband (not a weapon), what may the officer do?

Answer: Seize the contraband under the plain feel doctrine

The plain feel doctrine allows officers to seize non-weapon contraband detected during a lawful frisk if its criminal nature is immediately apparent by touch.

When officers obtain a search warrant, they must execute it within a reasonable time. Which limitation generally applies to federal search warrants?

Answer: 14 days

Federal Rule of Criminal Procedure 41 requires that search warrants be executed within 14 days of issuance.

What is the 'knock and announce' rule for executing search warrants?

Answer: Officers must knock, announce their presence and purpose, and wait a reasonable time before forcing entry

The knock-and-announce rule requires officers to identify themselves, state their purpose, and allow a reasonable opportunity to respond before making forcible entry.

A suspect is arrested in their home. Can officers search other rooms of the home as part of a search incident to arrest?

Answer: No, the search is limited to the area within the arrestee's immediate control

Chimel v. California limits searches incident to arrest to the area within the arrestee's immediate control; officers cannot automatically search the entire home.

What is an 'inventory search' and when is it permissible?

Answer: A warrantless search of a lawfully impounded vehicle following standardized department procedures to document contents

Inventory searches of impounded vehicles are lawful when conducted according to standardized, non-investigatory departmental procedures, not as a pretext to search for evidence.