ICE-OPLA LAW

• detention search


  Maintain institutional security and preserve order and discipline
• Protective Sweep

  Arrest in REP

  police have reasonable suspicion that there are others present in the REP that may pose a safety threat
• Terry Frisk


  Reasonable suspicion that criminal activity is afoot

  Reasonable suspicion that person is armed and dangerous

  Purpose: To conduct an investigation safely. Looking for weapons only
• Investigative Detention


  Needs reasonable suspicion and DO must use due diligence and least intrusive means to resolve suspicion or let the dude go otherwise it turns into an unlawful arrest
• Consent


  Needs to be voluntary and given to DO from someone with authority
• Search incident to arrest

  Warrantless search when subject is arrested

  Searching the person and area of immediate control and adjacent areas for evidence, means of escape, and weapons.
• Emergency exception

  PC emergency in REP

  PC immediate action is required
• now or never

  PC seizable object in REP

  PC subject will immediately remove or destroy evidence
• Hot Pursuit

  P.C to arrest person for a serious crime

  P.C to believ that the person has entered a REP protected location AND

  Hot pursuit of the person immediately prior to the person's entry into the REP protected location.
• readily Mobile Conveyance

  P.C to believe that the seizable property is located in the conveyance (Car, boat, plane, etc) AND

  The conveyance is actually mobile or readily mobile
• Plain View Seizures


  Needs probable cause to seize object

  Lawful observation- lawful search or

  Lawful access
• Arrest in Public Place

  Needs Pc

  Lawful access - open fields or lawful seach
• INA 287(a)(2)


  Warrantless arrest for the purposes of removal: suspect likely to escape.
• Apparent Authority


  Person giving consent seems to have a legitimate private interest

  
  

  Always ask: do you live here and who else lives here.
• Actual Authority


  Person you seek consent from has a legitimate privacy interest in the location - everyone who lives there has actual authority over common areas and their exclusive use
• Ruses or entry by trick

  Cannot represent another agency - FBI, DEA

  Cannot represent gas, electric or any public safety company

  Can't use a religious worker
• Show of force

  Where agents enter building with weapons drawn. Submission to authority is not valid looks like intimidation
• Free choice among lawful options

  Where consent is gained by giving suspect or owner of house two lawful options - one being consent, the other method either getting a warrant or making a warrantless arrest. EX: either you let us in or we wait outside until he leaves, then we arrest him. Obviously not wanting to call attention to her house, owner lets them in
• Bad faith threat to obtain warrant


  Consent to search is invalid if the DO has no grounds to get a warrant but tells the suspect that if she/he doesn't consent, they will come back with one. (Consent search)
• Verbal consent


  Make sure it is clear that consent is given verbally. A nod will not hold up well in court versus a clarifying yes.
• Mental capacity to consent


  Appearance at the age of 18, education, intelligence, physical and psychological condition must be considered in determining voluntariness
• consent search


  a legal, warrantless search conducted after a person gives expressed consent to police

  
  

  Must be voluntary, given from a person with authority, and be able to convince a judge that consent was given. Coercion or duress must not have been used.

  
  

  Consent can be taken away at any time and the person giving consent sets the limitations for scope to search
• Gant rule


  Condition to search vehicle under SIA-

  
  

  Subject is unsecured and within distance of the vehicle(in process of arresting him)

  
  

  Reason to believe that evidence related to arrest might be found in the vehicle
• Search incident to arrest

  Get to search for:

  Person - search for evidence, weapons, means of escape

  
  

  Area of immediate control for weapons, evidence, means of escape( containers, shelves, wingspan) - based on where actual arrest occurred

  
  

  Adjacent areas where a person could hide - rooms, closets
• Restricted access


  Doesn't necessarily mean REP. Just because they are restricted doesn't mean public doesn't have access to them I.e gated communities.
• Plain view seizures


  Constitutional authority to make warrantless arrest of an object based on probable cause
• Open view


  No REP from visual intrusion
• open fields


  the doctrine that allows law enforcement to search open lands without a warrant. It's private property but not necessarily curtilage. There is no REP from physical intrusion.
• Dunn factors

  Proximity of the area to home

  Is the area in question enclosed

  Nature of use of curtilage

  Steps taken to protect from observation
• Implied consent


  When homeowners grants access to public(door), he implies consent to approach house for purpose of making contact with the owner. STILL A SEARCH. a knock and talk in itself is considered a search.
• Fleeing Felon Rule


  Police cannot shoot at a fleeing felon
• Warning shots


  Not allowed.
• Deadly force


  Drawing a weapon is NOT deadly force; it is merely officer presence. Obviously discharging weapon is deadly force.
• Warrant and PC exceptions


  Act in reasonable fashion
• Warrant exceptions

  Probable cause

  Act in reasonable fashion
• presumption


  if a search or seizure is conducted without a warrant, presumption is that it was illegal. Burden is on DO to prove that it was legal or warranted
• consequences of illegal searches

  Reprimand to termination

  Personal lawsuits

  Criminal prosecution
• Standing


  A legal rule stating who is authorized to start a lawsuit. Only the person whose rights were violated may challenge an illegal search or seziure
• Title 21 USC
• 8 CFR

  Immigration regulations