This seminar will focus on problematic areas of search & seizure law and will address how police may adapt their practices to meet new requirements and limitations.
• Conducting Terry Stops & Terry Frisks
• Search Incident to Arrest
• Probable Cause & Reasonable Suspicion
• Protective Sweeps of Premises
• Consent Searches ∙ Entry to Arrest
• Controlling Persons on Premises
• Scope Limitations on the Conduct of Traffic Stops
• Controlling Vehicle Occupants During Stops
• Search Warrant Execution ∙ Use of Drug Dogs
• Consensual Encounters ∙ Informant Privilege
• Mobile Conveyance Exception (Carroll Doctrine)
• What limits on search incident-to-arrest in vehicles must officers now observe under Arizona v. Gant (2009)?
• If search incident-to-arrest is not available to search a vehicle, what alternatives may be employed?
• When may you ask questions unrelated to the original purpose of a traffic stop and how can you convert a stop into a consensual encounter?
• What is the Community Caretaking or Public Safety Function, recently articulated by our Supreme Court?
• When may you summon a drug sniffing canine during a stop?
• What is the recently articulated law regarding Hot Pursuit into a residence to arrest a fleeing person?
• What authority does an officer have to control vehicle occupants?
• What factors now determine the scope of a consent search of intimate areas of a person’s body?
• May the property of a non-arrestee located in a vehicle be searched incident-to-arrest?
• How long must officers wait before forcing entry after knocking and announcing?