Sergeant Natalizio Village of Chester Police Department

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


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


Grabbable Area?

The defendants proximity and access to the grabbable area is going to be closely scrutinized by the courts.

SEARCH AND SEIZURE


Can containers, bags, purses carried by the arrested person automatically be searched based on Search Incident to Lawful Arrest?

SEARCH AND SEIZURE


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


Factors to be considered:

Nature of the crime charged

Characteristics of the arrestee

Circumstances of arrest

SEARCH AND SEIZURE


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


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


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


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


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


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


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


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


Scope and duration are limited.

When emergency subsides, cant continue search.

No pretext searches.

SEARCH AND SEIZURE


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



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


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



Articulable, objective, credible reason

Not necessarily indicative to criminality

Purpose is to gather information, not to focus on the citizen as a suspect



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.



The subject may not be asked for consent to search.

Subject does not have to respond.

Refusal to respond does not elevate encounter.



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



Based on founded suspicion that criminality is afoot.

Present indication of criminality based on observable conduct or reliable hearsay.



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.



Suspect does not have to answer.

Refusal does not escalate encounter.

Police Officer may follow subject.



Physical control or display of weapons is not permitted.

Display of authority is permitted.

Order to stop is permitted.



False information given may escalate encounter.

Flight escalates the encounter.

May ask for consent to search.



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.



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.



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.


LEVEL 3: STOP, QUESTION AND FRISK


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


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.


Level 3: SQF

Force may be used if necessary to effect the stop.

Officer may demand name, address and explanation of conduct.


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.


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.


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.


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.


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.


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.


Anonymous sources

Must corroborate in terms of identity and criminality:

Dangerous and suspicious movements

Confirmation by citizen informant

Officer observations


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.


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.


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”.


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


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.


Containers carried or in control of subject

Consider proximity and access

Soft container – squeeze

Rigid container - open


FRISK

Bulges:

LocationOutlineMenacing behaviorIndicia of criminal behavior


Temporary Investigation Detention

Reason for stop must be lawful

Sufficiently limited in scope and duration to accomplish its legitimate purposes in a reasonable manner


Temporary Investigation Detention


Total period of detentionDistance subject transportedWitnesses availableHandcuffsForceQuestioning


LEVEL 4: ARREST/ PROBABLE CAUSE


Roadside Interview Techniques

Establish a rapportListenStart with non-confrontational techniquesLook friendly, think criticallyUse good questioning techniquesLook for signs of deception


Indicators and Detection Methods

“All that is required for evil to prevail is for

good men to do nothing”

Documents

Sergeant Natalizio Village of Chester Police Department