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Sergeant NatalizioVillage of Chester Police Department
STREET ENCOUNTERS
OFFICER BEATS
Beat 1: Chester MallBeat 2: Uptown Main St.Beat 3: Downtown Main St.Beat 4: 1000-2000 Whispering HillsBeat 5: 2100-3400 Whispering HillsBeat 6: 3500-4700 Whispering HillsBeat 7: Pine Hollow/ Knollcrest
CONDITION CHECKS
# 1: In front of Convenience Store# 2: In front of Dunkin Donuts# 3: Pine Hollow Gazebo# 4: Whispering Hills “wall”# 5: Whispering Hills “rock”# 6: Whispering Hills “handball court”
This job is not about what you can’t do, it’s about what you can do.
SEARCH AND SEIZURE
What is a search?
Meaningful interference with an individuals possessory interest in property or physically or constructively detained by means of a significant interruption of liberty of movement though police action.
It can be accomplished by actions ranging from the actual use of force to the mere submission to authority.
SEARCH AND SEIZURE
EXCLUSIONARY RULE
“The fruits of the poisonous tree can result in the suppression of physical evidence, line-ups, show-ups, confessions, and photo ID.”
SEARCH AND SEIZURE
Mapp v. Ohio
United States v. Leon
Hudson v. Michigan
Herring v. United States
SEARCH AND SEIZURE
General Rule
If you are going to search a person, place or vehicle, you need a Search Warrant.
SEARCH AND SEIZURE
EXCEPTIONS
Search incident to arrest Plain view Automobile exception Consent Exigent circumstances Stop, question, and frisk Hot pursuit Inventory Public places Sole occupant
5AM Search Warrant
SEARCH INCIDENT TO LAWFUL ARREST
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
Justification: Officer safety and the preservation of evidence within the reach of the suspect.
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
Can search the defendants person.
Anything carried on his/ her person
The “grabbable area”
The search should occur contemporaneously with the arrest and must be limited to the area within the persons immediate control .
Vista Drive: Search incident to arrest-MDMA
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
Grabbable Area?
The defendants proximity and access to the grabbable area is going to be closely scrutinized by the courts.
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
Can containers, bags, purses carried by the arrested person automatically be searched based on Search Incident to Lawful Arrest?
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
NO!
Containers carried or in control of defendant can only be searched if there is an articulable belief that that the safety of the police or public is endangered or that evidence can be destroyed.
Gocki v. Smith
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
Factors to be considered:
Nature of the crime charged
Characteristics of the arrestee
Circumstances of arrest
SEARCH AND SEIZURE
Search Incident to Lawful Arrest
Search cannot precede arrest
Search should be contemporaneous with arrest
No arrest/ Search for V & T infractions
SEARCH AND SEIZURE
Strip Search
Must be founded on reasonable suspicion that the arrestee is concealing evidence underneath clothing and the searching must be conducted in a reasonable manner.
SEARCH AND SEIZURE
Visual Cavity Inspection
Must have a specific articulable factual basis supporting a reasonable suspicion to believe the arrestee secreted evidence inside a body cavity and the visual inspection must be conducted reasonably.
SEARCH AND SEIZURE
Manual Body Cavity Search
If an object is visually detected or information provides probable cause that an object is hidden inside the arrestee’s body, a warrant must be obtained before conducting a body cavity search unless an emergency situation exists.
PLAIN VIEW
SEARCH AND SEIZURE
Plain View
A warrantless seizure of contraband, evidence, or instrumentalities of a crime, where these items are in open view and the officer makes his observations from a lawful vantage point.
SEARCH AND SEIZURE
Plain View
Officer must have a right to be in the position where he/she makes observations.
Inadvertent discovery.
Immediately apparent that the items are evidence of a crime, contraband or evidence subject of a seizure.
SEARCH AND SEIZURE
Plain View
The most common situations which give an officer the right to be in the position where he makes his observation are:
Consent Circumstances Lawful auto stop Public place
SEARCH AND SEIZURE
Plain View
Observations from outside a dwelling requires exigent circumstances or a warrant to enter.
Flashlights and binoculars are OK.
If the officer can’t recognize the items as contraband until crossing into a private place, no good.
AUTOMOBILE EXCEPTION
SEARCH AND SEIZURE
Automobile Exception
Justification: reduced expectation of privacy in a vehicle and the inherent mobility of an automobile.
SEARCH AND SEIZURE
Automobile Exception
Probable cause the vehicle contains evidence, a weapon, or contraband.
May search the vehicle or any part thereof that might contain the item sought whether the vehicle is occupied or unoccupied.
Main Street: 130 Decks of Heroin
SEARCH AND SEIZURE
Automobile Exception
The scope of the search is limited to what the officer has probable cause to believe is within.
However, the search of a person in such vehicle is not automatic.
SEARCH AND SEIZURE
Automobile Exception
The vehicle search can be of the car and may also include the occupants if the suspected crime or evidence is such that under the circumstances it is probable that once of the occupants could have something on them.
SEARCH AND SEIZURE
Reasonable cause to believe:
Drugs, weapon, evidence of a crime Weapon in waistband Distinctive odor of drugs Passenger admits contraband in the car Observed drug sale from vehicle Passenger exits, drops drugs, flees Passenger flees holding a gun Matches description of getaway car (weapons/
evidence) Trap in car Bullets/ Empty holster
SEARCH AND SEIZURE
Automobile Exception
If PC exists, may search locked trunk and any containers found in the vehicle.
If PC exists on a specific container, you may only seize that container.
If you find contraband or a weapon, you may continue to search.
Ofc. Andino: Car stop located in trunk under tire
SEARCH AND SEIZURE
Automobile Exception
You do not have to search the car immediately, you may do so at a reasonable time and a reasonable convenient place.
SEARCH AND SEIZURE
Automobile Exception
Arizona v. Gant (USSC 04/09)
“A vehicle search is not authorized incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle”Instead: Grabbable area, PC, Inventory
CONSENT
SEARCH AND SEIZURE
CONSENT
Must be free and voluntary. Any appearance of coercion would void the search.
Consent search may be withdrawn at any time.
Person giving consent must have authority or apparent authority to do so.
SEARCH AND SEIZURE
CONSENT
Miranda warnings are not necessary for requesting a search.
The request for a consent search must be free from duress.
Main Street: 15 Oxycontin 80mg pills
SEARCH AND SEIZURE
CONSENT
Involuntary consent is submission to authority, succumbing to the will of the police.
The courts will also closely examine the scope of the consent given.
SEARCH AND SEIZURE
CONSENT
Voluntariness is determined by the “totality of the circumstances”
Person must understand what he/ she is agreeing to (speaks Spanish only)
SEARCH AND SEIZURE
CONSENT
Consent can be:
Written Oral Implied
SEARCH AND SEIZURE
CONSENT
Consent can be inferred from a subject’s conduct as well as his speech.
It cannot be inferred from mere presence and silence that is ambiguous.
SEARCH AND SEIZURE
CONSENT
Factors determining voluntariness:
1. Defendant in custody2. Threats/ Coercive techniques by police3. Background of subject4. Deception of police5. Language barrier
SEARCH AND SEIZURE
CONSENT
Scope of the Consent – The scope is strictly limited to the terms of consent. It is unlawful to exceed the scope of the consent.
Test- What a typically reasonable person would understand by the exchange between the officer and suspect.
Initial consent does not necessarily extend to subsequent events.
SEARCH AND SEIZURE
CONSENT
Only a person with authority and control over premises or property can effectively give consent.
If an owner has given full control of property to another, that person can consent to search.
SEARCH AND SEIZURE
CONSENT
If 2 people share authority and control and 1 of them is on the premise, the person that is present, may give permission to search all of the common areas.
A P.O. must make an inquiry if doubt exists as to the person’s authority.
We have an affirmative duty to make sure that the person who gives consent is the sole authority.
SEARCH AND SEIZURE
CONSENT
Third Party Consent: Can be given by someone who has common authority over place to be searched:
Small childLandlordRooming house Hotel clerkBabysitterEstranged spouse
SEARCH AND SEIZURE
CONSENT
Revocation of consent
Georgia vs. Randolph: The Supreme Court held that consent given by one occupant is not valid in the face of the refusal of another physically present occupant.
SEARCH AND SEIZURE
In family situation, look to lawful control and access rather than ownership.
An employee cannot consent to search of an employee’s personal use area.
A host may not consent to a search of a guest’s personal property.
A guest cannot authorize to search of host’s premise.
SEARCH AND SEIZURE
CONSENT
Apparent authority: A good faith reasonable belief by an officer on third party consent.
1. Officer’s belief is reasonable on an objective view of the circumstances.
2. Officer made inquiry into the consenting party’s level of control.
SEARCH AND SEIZURE
CONSENT
A written waiver is not required but it certainly can be beneficial to show voluntariness of the search.
Use dash came to our advantage!!
SEARCH AND SEIZURE
CONSENT
Why would someone with something to hide agree to a consent search of their vehicle?
SEARCH AND SEIZURE
CONSENT
Free to go technique
SEARCH AND SEIZURE
CONSENT
They wish to appear cooperative. They believe the evidence will be overlooked. The vehicle has electric controlled
compartments. If the evidence is found, they believe they can
deny knowledge. They think consent will be looked at favorably by
the courts. They think they’ve “been had” and simply give
up.
EXIGENT CICIMSTANCES
SEARCH AND SEIZURE
EXIGENT CIRCUMSTANCES
Emergency Doctrine: To protect individuals, assist crime victims, investigate suspicious signs of impending danger.
1. RCTB emergency at hand and immediate assistance is required.
2. Not motivated by intent to seize evidence.
SEARCH AND SEIZURE
EXIGENT CIRCUMSTANCES
Search to aid victim Violent fight involving gun Domestic disputes Suspicious sounds Kidnap victim EDP Explosives Chemical or utility leaks Children's safety Undercover’s safety
SEARCH AND SEIZUIRE
EXIGENT CIRCUMSTACES
Entry permissible if done in good faith even if it was based on false information.
Premises entry is limited to plain view. It does not justify a full blown search.
SEARCH AND SEIZURE
EXIGENT CIRCUMSTANCES
Scope and duration are limited.
When emergency subsides, cant continue search.
No pretext searches.
SEARCH AND SEIZURE
EXIGENT CIRCUMSTANCES
Destruction of evidence/ contraband/ imminent use of dangerous weapons and no time to get a warrant.
Police have burden of proving exigent. The ease of the destruction of evidence
in and of itself is not sufficient.
SEARCH AND SEIZURE
EXIGENT CIRCUMSTANCES
Factors to be considered:
Nature and degree of the urgency and the amount of time needed to get a warrant.
Reasonable belief the contraband is about to be moved.
Danger to police guarding the site. Possessors are aware the police are on their trail. The ease in which the contraband can be
destroyed.
SEARCH AND SEIZURE
Hot Pursuit
Requires probable cause the defendant committed a crime and fled to a specific premises.
INVENTORY
SEARCH AND SEIZURE
INVENTORY
Protect the owners property.
Protect against claims of lost, stolen, or damaged property.
Protect the police from danger.
17 ramp: Officer Andino Inventory
SEARCH AND SEIZURE
INVENTORY
The search must be done in accordance with established Departmental procedures to limit the discretion of the police.
It is administrative in nature and not a search for evidence.
SEARCH AND SEIZURE
INVENTORY
The scope of an inventory search includes locked compartments and containers within the vehicle as long as permitted by Department procedures.
Kings Highway: Traffic Stop
SEARCH AND SEIZURE
INVENTORY
Evidence discovered during an inventory search will be suppressed it if is the product of an unlawful arrest.
Inventory can be done at the scene.
Pretext inventory searches are illegal.
SEARCH AND SEIZURE
SOLE OCCUPANT
Homicide victim is the sole occupant of a premises.
There is no crime scene exception – entry into premises is permitted to search for additional aided persons or perpetrators.
SEARCH AND SEIZURE
ABANDOMNENT
If the subject is saying that it is not his/ hers, they do not have legal standing.
Anything tossed to the side of the road by a motorist is abandon property.
SEARCH AND SEIZURE
ABANDOMNENT
US v. Rem: “when a person voluntarily abandons property, he forfeits any reasonable expectation of privacy that he might have had in the property.”
Feb. 17, 2012: Hidden Compartment
Feb. 17, 2012: 122 decks of heroin, 200 methadone pills
Feb. 17, 2012
Unit 725 in car video
POLICE CITIZEN ENCOUNTERS
POLICE CITIZEN ENCOUNTERS
Level 1: Request for Information
Level 2: Common Law Inquiry
Level 3: Stop, Question, Frisk (Field Interview)
Level 4: Probable Cause (Arrest)
147 Main St: Interviewed a week before by police
LEVEL 1: REQUEST FOR INFORMATION
POLICE CITIZEN ENCOUNTERS
Level 1: Request for Information
Articulable, objective, credible reason
Not necessarily indicative to criminality
Purpose is to gather information, not to focus on the citizen as a suspect
POLICE CITIZEN ENCOUNTERS
Level 1: Request for Information
Basic non threatening questions which would not lead a person to believe he was the focus of an investigation.
Questions regarding ID, destination, and reason for being at a location are permissible.
POLICE CITIZEN ENCOUNTERS
Level 1: Request for Information
The subject may not be asked for consent to search.
Subject does not have to respond.
Refusal to respond does not elevate encounter.
POLICE CITIZEN ENCOUNTERS
Level 1: Request for Information
Officer may continue to unobtrusively observe.
Flight without further indicia of criminal activity does not elevate encounter.
Lying can provide a basis to elevate the encounter or expose the individual to criminal charges.
LEVEL 2: COMMON LAW INQUIRY
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
Based on founded suspicion that criminality is afoot.
Present indication of criminality based on observable conduct or reliable hearsay.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
Focuses on citizen as suspect.
Questions can be accusatory and intended to elicit incriminating responses.
A person would believe they are the focus of investigation.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
Suspect does not have to answer.
Refusal does not escalate encounter.
Police Officer may follow subject.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
Physical control or display of weapons is not permitted.
Display of authority is permitted.
Order to stop is permitted.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
False information given may escalate encounter.
Flight escalates the encounter.
May ask for consent to search.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
Officers have a very limited right to take some protective steps at this state:
ex: order to remove a hand from a pocket with a noticeable bulge, or to drop an unidentified object from the hand of an individual in the vicinity of a recent stabbing.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
It is possible for an officer to have a founded suspicion of a crime and at the same time have reasonable suspicion the same person is a danger to the officer.
POLICE CITIZEN ENCOUNTERS
Level 2: Common Law Inquiry
Request for Information or Common Law Inquiry?
The nature, content and length of the questioning, how the questions were asked and the absence of harassment or intimidation is what the courts will consider in making the determination.
POLICE CITIZEN ENCOUNTERS
LEVEL 3: STOP, QUESTION AND FRISK
POLICE CITIZEN ENCOUNTERS
Level 3: Stop, Question and Frisk
Based upon reasonable suspicion that someone is, has, or is about to commit any felony or Penal Law misdemeanor in a public place and in your GAOE.
Terry v. Ohio
Ofc. Tudisco: SQF SR 17M
POLICE CITIZEN ENCOUNTERS
Level 3: SQF
Reasonable Suspicion:
Knowledge sufficient to induce an ordinary, prudent and cautious man under the circumstances to believe criminal activity is at hand.
POLICE CITIZEN ENCOUNTERS
Level 3: SQF
Force may be used if necessary to effect the stop.
Officer may demand name, address and explanation of conduct.
POLICE CITIZEN ENCOUNTERS
Level 3: SQF
Seizure of a person:
The test is whether a reasonable person would have believed under the circumstances that the officer’s conduct was a significant limitation of his/ her freedom.
POLICE CITIZEN ENCOUNTERS
Level 3: SQF
Seizure of a person:
Blocking of vehicle or a person in the police car, chasing someone who runs away, activating lights and/ or sirens, ordering a person to put their hands against the wall or a car, or physically obstructing a person’s path will constitute a seizure.
POLICE CITIZEN ENCOUNTERS
Factors courts will consider
The officers tone and how many commands were given;
Was the person prevented from moving in some manner;
The number of officers involved; Were guns drawn; The exact language used by the officer; Physical contact; Any other relevant factor the officer can
articulate.
POLICE CITIZEN ENCOUNTERS
STOP
The courts analyze the totality of the circumstances.
Officers are allowed to draw on their own experiences and training to make inferences from and deductions about the cumulative information available to them that might elude an untrained person.
POLICE CITIZEN ENCOUNTERS
Factors to be considered
Close proximity to scene of crime; Short passage of time; Only person in immediate area; Only person in group who fits physical
description; Untruthful answers; Radio transmission indicating direction of
flight; Furtive behavior of suspect.
POLICE CITIZEN ENCOUNTERS
Anonymous sources
An anonymous 911 call alone is the weakest source. Must corroborate the caller in terms of identity of
subject and how he knew of criminality. Predictive information which is provided, may serve
as an indicia of reliability. The corroboration is often obtained through an
officer’s subsequent observations and/ or investigation.
Such corroboration is not needed in cases such as bombs, drunk drivers, or in schools.
POLICE CITIZEN ENCOUNTERS
Anonymous sources
Must corroborate in terms of identity and criminality:
Dangerous and suspicious movements
Confirmation by citizen informant
Officer observations
POLICE CITIZEN ENCOUNTERS
FRISK
When an officer reasonably suspects that he/she is in danger of physical injury.
Officer may then search person for a deadly weapon or any instrument, article or substance readily capable of causing injury and a sort not ordinarily carried in public places by law abiding persons.
POLICE CITIZEN ENCOUNTERS
FRISK
If the officer finds such a weapon or instrument, the officer may take it and keep it until questioning, at which time the officer may return it, if lawfully possessed, or arrest such person.
POLICE CITIZEN ENCOUNTERS
FRISK
A limited touching for the purpose of feeling dangerous weapons.
The position the frisk is conducted is immaterial.
Not a full blown search.
There is no “plain touch exception”.
No “empty your pockets”.
POLICE CITIZEN ENCOUNTERS
Independent reasonable suspicion that the subject is armed or the risk of physical injury is required.
R/S violent crime: Justifies a stop and frisk.
May draw gun.
May order to show hands.
May grab/ remove hand.
Precise information of a weapon – frisk
Threatening move - frisk
POLICE CITIZEN ENCOUNTERS
May ask “Anything in your pocket?”
May ask “Is there anything that might cut me?”
If you know it is a weapon or that it could not possibly be a weapon – NO SEARCH.
Not allowed to seize and examine papers.
May frisk before putting someone in P.D. but must have a valid reason for them being in P.D.
POLICE CITIZEN ENCOUNTERS
Containers carried or in control of subject
Consider proximity and access
Soft container – squeeze
Rigid container - open
POLICE CITIZEN ENCOUNTERS
FRISK
Bulges:
LocationOutlineMenacing behaviorIndicia of criminal behavior
POLICE CITIZEN ENCOUNTERS
Temporary Investigation Detention
Reason for stop must be lawful
Sufficiently limited in scope and duration to accomplish its legitimate purposes in a reasonable manner
POLICE CITIZEN ENCOUNTERS
Temporary Investigation Detention
Factors to be considered:
Total period of detentionDistance subject transportedWitnesses availableHandcuffsForceQuestioning
POLICE CITIZEN ENCOUNTERS
LEVEL 4: ARREST/ PROBABLE CAUSE
POLICE CITIZEN ENCOUNTERS
Roadside Interview Techniques
Establish a rapportListenStart with non-confrontational techniquesLook friendly, think criticallyUse good questioning techniquesLook for signs of deception
POLICE CITIZEN ENCOUNTERS
Indicators and Detection Methods
“All that is required for evil to prevail is for
good men to do nothing”