Any search or seizure can result in a complaint or suit. Investigations into use of force and other incidents will usually include an evaluation of searches and seizures. Poorly articulated or questionable searches or seizures can cloud otherwise lawful and appropriate conduct.

Seizure of Persons

CONSENSUAL CONTACT. Officers may lawfully contact a person in a public place even when the facts do not establish reasonable suspicion or probable cause. If a reasonable person would not feel free to leave, or to refuse to cooperate, the encounter is not consensual.

STOP/DETENTION. Officers may lawfully stop/detain a person in a public place upon reasonable suspicion the person is involved in criminal activity.

ARREST. Officers may lawfully arrest a person in a public place pursuant to a valid arrest warrant or where the facts establish probable cause to believe the person has committed or is committing a crime.

Searches

FRISK/PAT-DOWN. A frisk for weapons during a lawful detention is lawful if reasonable suspicion exists that the detainee is presently armed and/or dangerous.

PRESUMED UNREASONABLE. When possible, it is best to obtain a warrant before searching. A warrantless search is presumed unreasonable but may be lawful if carried out pursuant to a recognized exception.

REASONABLE SUSPICION REQUIRED. A motor vehicle search incident to the arrest of a recent occupant is lawful if reasonable suspicion exists to establish that evidence related to the crime of arrest is present.

NO PROBABLE CAUSE REQUIRED. Probable cause that evidence is present is not required for: consent; open fields; public information; searches incident to arrest; protective sweep; inventory; and abandoned property.

PROBABLE CAUSE REQUIRED. The following require probable cause: searches of automobiles; plain view (PC item is evidence); and exigent circumstances (hot pursuit, imminent destruction of evidence, etc.).

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

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