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Terry Search/Stop & Frisk

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. Search Incident to Arrest. Grounds An Lawful Arrest

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Terry Search/Stop & Frisk

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  1. 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

  2. Search Incident to Arrest • Grounds • An Lawful Arrest • If Unlawful any evidence is suppressed as fruit of the poisonous tree, see Wong Sun v. US

  3. Inventory Search • Grounds • A Lawful Arrest • Department Regulations

  4. 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

  5. Search Incident to Arrest • Grounds • An Lawful Arrest • If Unlawful any evidence is suppressed as fruit of the poisonous tree, see Wong Sun v. US • Rational • Disarm the arrestee • Prevent the destruction of evidence

  6. Inventory Search • 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

  7. 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)

  8. Search Incident to Arrest • Grounds • Disarm the arrestee • Prevent the destruction of evidence • Rational • Disarm the arrestee • Prevent the destruction of evidence • Scope • The person of the Arrestee • Area near the arrestee’s control

  9. Inventory Search • 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

  10. 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 • 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

  11. Search Incident to Arrest • Grounds • Disarm the arrestee • Prevent the 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

  12. Inventory Search • 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

  13. 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

  14. Inventory Searches of Vehicles • 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

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