Terry Search/Stop & Frisk ©
• Grounds
– Lawful stop based on Reasonable Suspicion
that criminal activity has just occurred, is
occurring, or will occur in the imminent future
and
– Reasonable suspicion that the subject is
armed and dangerous
Terry Search/Stop & Frisk ©
•
Grounds
– Lawful stop based on Reasonable Suspicion that criminal activity has
just occurred, is occurring, or will occur in the imminent future and
– Reasonable suspicion that the subject is armed and dangerous
• Rational
– Officer Safety
Terry Search/Stop & Frisk ©
•
Grounds
– Lawful stop based on Reasonable Suspicion that criminal activity has just occurred, is
occurring, or will occur in the imminent future and
– Reasonable suspicion that the subject is armed and dangerous
•
Rational
–
Officer Safety
• Scope
– Persons
– Containers which may be used to hide a
weapon which may be used to harm P.O.
(Plain Touch/Plain View/Plain Smell)
Terry Search/Stop & Frisk ©
•
Grounds
– Lawful stop based on Reasonable Suspicion that criminal activity has just occurred, is occurring, or will
occur in the imminent future and
– Reasonable suspicion that the subject is armed and dangerous
•
•
Rational
Scope
– Persons
– Containers which may be used to hide a weapon which may be used to harm P.O.
(Plain Touch/Plain View/Plain Smell)
• Intensity
– Limited to outer garments or areas of the
person where weapons could be hidden
– Containers if they are situated within proximity
to pose a risk to PO’s safety
Search Incident to Arrest ©
• Grounds
– A Lawful Arrest
– If Unlawful any evidence is suppressed as
fruit of the poisonous tree, see Wong Sun v.
US
Search Incident to Arrest ©
•
Grounds
– An Lawful Arrest
• Rational
– Disarm the arrestee/Officer Safety
– Prevent the destruction of evidence
Search Incident to Arrest ©
•
•
Grounds
– A Lawful Arrest
Rationale
– Officer Safety
– Destruction of Evidence
• Scope - Chimel
– The person of the Arrestee
– Area near the arrestee’s control
Search Incident to Arrest ©
•
•
Grounds
– A Lawful Arrest
Rationale
–
–
•
Officer Safety
Destruction of Evidence
Scope
– The person of the Arrestee
– Area near the arrestee’s control
• Intensity
– Everything even looking for the tiniest
smidgen of evidence
– Person can be searched anytime or anyplace
– Area only within short proximity of arrest
• Timing
Terry Stop/Traffic Stop Searches ©
• Grounds
– Reasonable Suspicion
– Traffic Stop
Terry Stop/Traffic Stop Searches ©
•
Grounds
– Reasonable Suspicion
– Traffic Stop
• Rationale
– Officer safety
Terry Stop/Traffic Stop Searches ©
•
•
Grounds
– Reasonable Suspicion
– Traffic Stop
Rationale
– Officer safety
• Scope
– Passenger Compartment
Terry Stop/Traffic Stop Searches ©
•
•
•
Grounds
– Reasonable Suspicion
– Traffic Stop
Rationale
– Officer safety
Scope
– Passenger Compartment
• Intensity
– Anything which could conceal a weapon
Custodial Arrest Vehicle Search ©
• Grounds
– Lawful Arrest
Custodial Arrest Vehicle Search ©
•
Grounds
– Lawful Arrest
• Rationale
– Same as Chimel
– Officer’s Safety
– Prevent the destruction of evidence
Custodial Arrest Vehicle Search ©
•
•
Grounds
– Lawful Arrest
Rationale
– Same as Chimel
– Officer’s Safety
– Prevent the destruction of evidence
• Scope
– Passenger compartment and everything
inside
Custodial Arrest Vehicle Search ©
•
Grounds
– Lawful Arrest
• Rationale
– Same as Chimel
– Officer’s Safety
– Prevent the destruction of evidence
• Scope
– Passenger compartment and everything inside
• Intensity
– Unlock containers inside passenger
compartment
– Timing
Probable Cause Vehicle Searches ©
• Grounds
– Probable Cause to believe MV contains
evidence or contraband which legally may be
seized.
Probable Cause Vehicle Searches ©
•
Grounds
– Probable Cause to believe MV contains evidence or contraband which
legally may be seized.
• Rationale
– Vehicles are mobile and E might be gone by
the time LEP returns with SW.
Probable Cause Vehicle Searches ©
•
•
Grounds
– Probable Cause to believe MV contains evidence or contraband which
legally may be seized.
Rationale
– Vehicles are mobile and E might be gone by the time LEP returns with
SW.
• Scope
– Bumper to Bumper
Probable Cause Vehicle Searches ©
• Grounds
– Probable Cause to believe MV contains evidence or contraband
which legally may be seized.
• Rationale
– Vehicles are mobile and E might be gone by the time LEP
returns with SW.
• Scope
– Bumper to Bumper
• Intensity
– Remove Parts
• Timing
Vehicle Searches w. PC ©
• Grounds
– PC
– E present of criminality of Contraband
• Rational
– Mobility of MV
– Owner
• Scope
– Entire Vehicle Bumper to Bumper
• Intensity
– Any Container which could hold E
Inventory Personal Searches ©
• Grounds
– A Lawful Arrest
– Department Regulations
Inventory Personal Searches ©
•
Grounds
– A Lawful Arrest
–
Department Regulations
• Rational
– Secure the Arrestee’s Valuables
– Protect PD against false claims of theft
– Prevent contraband and weapons from being
introduced into lockup/jail/prison
Inventory Personal Searches ©
•
Grounds
– Secure the Arrestee’s Valuables
– Protect PD against false claims of theft
– Prevent contraband and weapons from being introduced into lockup/jail/prison
• Scope
– Arrestee
Inventory Personal Searches ©
•
Grounds
– Secure the Arrestee’s Valuables
– Protect PD against false claims of theft
– Prevent contraband and weapons from being introduced into lockup/jail/prison
•
Scope
– Arrestee
• Intensity
– As intense as PD regulations allow
– As intense as State Statutes allow
• 725 ILCS 5/103-1
•
•
•
(725 ILCS 5/Art. 103 heading)
ARTICLE 103. RIGHTS OF ACCUSED
(725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
Sec. 103-1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall
inform the person arrested that a warrant has been issued for his arrest and the nature of the
offense specified in the warrant.
(b) After an arrest without a warrant the person making the arrest shall inform the person
arrested of the nature of the offense on which the arrest is based.
(c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases
involving weapons or a controlled substance, shall be strip searched unless there is reasonable
belief that the individual is concealing a weapon or controlled substance.
(d) "Strip search" means having an arrested person remove or arrange some or all of his or her
clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or
undergarments of such person.
(e) All strip searches conducted under this Section shall be performed by persons of the same
sex as the arrested person and on premises where the search cannot be observed by persons not
physically conducting the search.
(f) Every peace officer or employee of a police department conducting a strip search shall:
(1) Obtain the written permission of the police commander or an agent thereof designated for
the purposes of authorizing a strip search in accordance with this Section.
(2) Prepare a report of the strip search. The report shall include the written authorization
required by paragraph (1) of this subsection (f), the name of the person subjected to the search,
the names of the persons conducting the search, and the time, date and place of the search. A
copy of the report shall be provided to the person subject to the search.
(g) No search of any body cavity other than the mouth shall be conducted without a duly
executed search warrant; any warrant authorizing a body cavity search shall specify that the
search must be performed under sanitary conditions and conducted either by or under the
supervision of a physician licensed to practice medicine in all of its branches in this State.
(h) Any peace officer or employee who knowingly or intentionally fails to comply with any
provision of this Section is guilty of official misconduct as provided in Section 103-8; provided
however, that nothing contained in this Section shall preclude prosecution of a peace officer or
employee under another section of this Code.
(i) Nothing in this Section shall be construed as limiting any statutory or common law rights of
any person for purposes of any civil action or injunctive relief.
(j) The provisions of subsections (c) through (h) of this Section shall not apply when the person
is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court
order.
(Source: P.A. 81-1509.)
Inventory Vehicle Searches ©
• Grounds
– A Lawful Impoundment
– Legal Authority to Impound
– Decision Made in Good Faith
Inventory Vehicle Searches ©
•
Grounds
– A Lawful Impoundment
– Legal Authority to Impound
– Decision Made in Good Faith
• Rational
– Police are Performing a Caretaker
Function
Inventory Vehicle Searches ©
• Grounds
– A Lawful Impoundment
– Legal Authority to Impound
– Decision Made in Good Faith
• Rational
– Police are Performing a Caretaker Function
• Scope
– Entire Vehicle but no Dismantling
Inventory Vehicle Searches ©
• Grounds
– A Lawful Impoundment
– Legal Authority to Impound
– Decision Made in Good Faith
• Rational
– Police are Performing a Caretaker Function
• Scope
– Entire Vehicle but no Dismantling
• Intensity
– Safeguard valuables Contained in Vehicle
– Protect PD from unsubstantiated allegations
– Locate Potential Hazards