Virginia Search and Seizure for Law Enforcement Officers

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9th Edition
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This newest edition of Virginia Search and Seizure for Law Enforcement Officers is a valuable manual covering the Fourth Amendment and pertinent Virginia case law. Topical material that clearly sets forth the rules and concepts pertaining to search and seizure is topical and central to the performance of the law enforcement officer's daily duties. Both instructors and students will find this to be an ideal classroom text for law enforcement training courses. Topics analyzed include:

•   Probable Cause
•   Use of Force
•   Search Warrants
•   Searches and Arrests without Warrants
•   Consent Searches
•   Third-party Consent
•   Securing Premises
•   Occupant Detention
•   Mistaken Arrests
•   Overnight and Temporary Guests
•   Investigative and Probable Cause Searches
•   The Terry Stop
•   Flight, Pursuit, Public Danger
•   Return of Documents During Routine Traffic Stops
•   Search Incident to Citation
•   Inevitable Discovery
•   Officer Acting as Private Citizen
•   And much more.

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Table of Contents

Table of Contents

Acknowledgements

Introduction

1 Is the Fourth Amendment Applicable?


A. Government Action

B. Reasonable Expectation of Privacy

C. Standing

D. Consent

Implied Consent

Scope of Consent

Passive Acquiescence

Withdraw of Consent

Return of Documents During Routine Traffic Stops

Consent Obtained During Custody

Third-Party Consent

E. Abandonment

F. The Caretaker Function

2 Has the Fourth Amendment Been Satisfied?

A. Probable Cause Defined and The Collective Knowledge Doctrine

B. Seizure of the Person (Generally)

What happens when one fails to comply with an officer's order?

Pretext Seizures: Traffic Stops and Other Definitions

C. Warrantless Arrests

D. Mistaken Arrests

E. Misdemeanor Arrests

F. Manner of Arrest: Use of Force

G. Arrests Warrants–Home Entries

Protective Sweeps

Exigent Circumstances

Hot Pursuit

Emergency Doctrine/Exigent Circumstances

Community Caretaking Function Justifying

Warrantless Dwelling Searches

Evaporation of Exigency

H. Search Warrants

Description of the Place to Be Searched

Description of Things to Be Seized

Scope

Detention of Occupants During Search

Search/Frisk of Person Found On Premises

Anticipatory Search Warrants

Staleness

Sufficiency and Requirements of Affidavits

Probable Cause and the Warrant Affidavit

Search Warrant Execution

I. Property Seizures

J. The Exclusionary Rule

K. Good Faith

3 Vehicle Searches

A. Probable Cause

B. Canine Sniff Searches

C. Inventory Searches

D. Scope Based on Probable Cause

E. Search Incident to Arrest of Vehicle/Occupant

Passenger Compartment Searches

F. Routine Traffic Stops; Treatment of Drivers and Passengers

G. Community Caretaking: Justifying Vehicle Impoundment

H. Roadblock/Checkpoints

I. Vehicle Pursuit

4 Search Incident to Arrest

A. Persons

B. Search Incident to Citation

C. Strip Searches and Body Cavity Searches

D. Cell Phones

E. Inventory of Arrestee

F. Monitoring Prisoners or Suspects

G. Inevitable Discovery

5 Plain View

A. Plain Feel

B. Plain View: Other Senses

6 Investigatory Stops

A. General Principles

B. Grounds For The Detention

Drug Courier Profiles

Informant Tip as a Basis for Reasonable Suspicion

Public Danger/Firearm Exception

Avoidance of Vehicle Check Points

Unprovoked Flight

Withdrawal/Refusal of Consent as a Factor Supporting Reasonable Suspicion

DUI, Traffic, Equipment, Motor Vehicle Violations, and Other Investigative Traffic Stops

Officer Acting as a Private Citizen

Proximity to the Scene/Area of Suspected Activity/Other Circumstances Justifying the Investigative Stop

C. Questioning During the Investigative Stop

D. Reasonable Suspicion Found Lacking

E. Scope/Length of the Investigative Detention

Forcible Stops: Display Of Weapons, Use of Cuffs, Etc.

F. Protective Searches: The "Frisk"

Nature of the Offense

Companion Frisks

Detection/Inspection of Objects Found During the Frisk

G. Scope of the Frisk

Suspects

Vehicles