1211 Fourth Amendment - LP

391 Pages·2012·2.89 MB·English

U.S. DEPARTMENT OF HOMELAND SECURITY
FEDERAL LAW ENFORCEMENT TRAINING CENTER
OFFICE OF TRAINING OPERATIONS
LEGAL DIVISION

LESSON PLAN

FOURTH AMENDMENT

1211 FEB/10

WARNING
This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may
be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is
to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance
with Department of Homeland Security policy relating to FOUO information and is not to
be released to the public or other personnel who do not have a valid 'need-to-know' without
prior authorization of an authorized Department of Homeland Security Official.

FOR OFFICIAL USE ONLY
Revised by:
Senior Instructors, LGD
(b)(6)

SEP 2008
Revised by (b )(6)

FEB 2010
Revised by (b)(6) Senior Instructor, LGD

2010 revisions highlighted in yellow.
Summary of 2010 Revisions: Changes are preceded by ***. Use Word’s Find
command for *** to locate changes quickly.
1. Split EPO Table in two to make room for additional programs.
2. Added programs: ICE-DOTTP, ICE-FOTP and IPOTP.
3. Added MEPO 27 on gate inspections – taught only in IPOTP.
4. Added brief discussion about removing thick outer garmets to permit adequate frisk
of suspect of weapons.
5. Updated language about necessity of lawful stop to support frisk. Arizona v.
Johnson.
6. Added discussion of existence of lawful stop in the special circumstance of a vehicle
stop. Arizona v. Johnson. Brendlin v. California.
7. Added Instructor Note on extension of good-faith exception to exclusionary rule to
allow admission of evidence despite police error so long as error is negligent and
isolated. United States v. Herring .
8. Changed maximum time permitted to execute search warrant to 14 days, reflecting
December 2009 amendment to FRCrP 41.
9. Added Michigan v. Fisher (S.Ct. 2009)(emergency aid entry) to examples of exigent
circumstances.
10. Arizona v. Gant. Changed discussion of searching a vehicle incident to the arrest
of one of its occupants. Updated new, additional requirements to justify search. Did not
change “scope limited to passenger compartment.”
11. Added discussion and references for IPOTP EPO on gate inspections.
12. Added Risk Assessment.

FOR OFFICIAL USE ONLY
TABLE OF CONTENTS

SYLLABUS ....................................................................................................................... 1
ENABLING PERFORMANCE OBJECTIVES (EPO): OPTIONS A THRU H ................... 5
ENABLING PERFORMANCE OBJECTIVES (EPO): OPTIONS I THRU R .................... 7
A. STUDENT SPECIAL REQUIREMENTS: ..................................................... 9
B. METHOD OF EVALUATION: ....................................................................... 9
C. STUDENT SPECIAL REQUIREMENTS: ..................................................... 9
D. METHOD OF EVALUATION: ....................................................................... 9
II. INTRODUCTION .................................................................................................... 12
A. THE FOURTH AMENDMENT ...................................................................... 12
B. AN OVERVIEW OF THE FOURTH AMENDMENT...................................... 12
III. PRESENTATION ................................................................................................... 14
A. EPO #1: RECOGNIZE WHEN THE FOURTH AMENDMENT APPLIES
TO GOVERNMENTAL ACTION .................................................................. 14
B. EPO #2: IDENTIFY SITUATIONS IN WHICH A REASONABLE
EXPECTATION OF PRIVACY EXISTS ....................................................... 17
C. EPO #3: IDENTIFY APPROPRIATE ACTIONS THAT MAY BE TAKEN
WHEN REASONABLE SUSPICION EXISTS .............................................. 51
D. EPO #4: IDENTIFY WHEN LAW ENFORCEMENT OFFICERS MAY OR
MAY NOT USE RACE TO JUSTIFY STOPS OR ARRESTS IN
ACCORDANCE WITH DEPARTMENT OF JUSTICE GUIDELINES ........... 113
E. EPO #5: IDENTIFY WHEN PROBABLE CAUSE EXISTS TO THE
EXTENT THAT AN ARREST OR SEARCH MAY BE JUSTIFIED ............... 121
F. EPO #6: IDENTIFY THE ORIGIN, PURPOSE AND SCOPE OF THE
EXCLUSIONARY RULE .............................................................................. 136
G. EPO #7: IDENTIFY EXCEPTIONS TO THE EXCLUSIONARY RULE,
E.G., NO STANDING TO OBJECT, GOOD FAITH, INEVITABLE
DISCOVERY, AND IMPEACHMENT ........................................................... 138
H. EPO #8: IDENTIFY THE LIMITATIONS OF AN ARREST WARRANT ....... 155
I. EPO #9: IDENTIFY WHEN AN ARREST INVOLVING A FELONY
REQUIRES THE USE OF A WARRANT ..................................................... 158
J. EPO #10: IDENTIFY WHEN AN ARREST INVOLVING A
MISDEMEANOR REQUIRES THE USE OF A WARRANT ......................... 165

FOR OFFICIAL USE ONLY
K. EPO #11: IDENTIFY THE CONDITIONS UNDER WHICH AN OFFICER
MAY USE FORCE TO EXECUTE A WARRANT (SEARCH OR ARREST)
ACCORDING TO THE PROVISIONS OF TITLE 18 U.S.C. § 3109 ............ 166
L. EPO #12: IDENTIFY THOSE OFFICIALS WHO HAVE THE AUTHORITY
TO ISSUE FEDERAL SEARCH WARRANTS ............................................. 184
M. EPO #13: IDENTIFY THE COMPONENTS OF AN AFFIDAVIT FOR A
SEARCH WARRANT ................................................................................... 187
N. EPO #14: IDENTIFY CIRCUMSTANCES WHEN A TELEPHONIC
SEARCH WARRANT SHOULD BE OBTAINED .......................................... 210
O. EPO #15: IDENTIFY THE LEGAL REQUIREMENTS FOR EXECUTING
A SEARCH WARRANT, E.G., AUTHORITY TO EXECUTE; TIME OF
ENTRY; METHOD OF ENTRY; LOCATIONS ON A PREMISES WHICH
MAY BE SEARCHED; DURATION OF THE SEARCH; AND INVENTORY 214
P. EPO #16: IDENTIFY THE SCOPE AND PURPOSE OF A PROTECTIVE
SWEEP ........................................................................................................ 228
Q. EPO #17: IDENTIFY CIRCUMSTANCES IN WHICH PERSONS ON THE
PREMISES MAY OR MAY NOT BE SEARCHED FOR EVIDENCE OR
FRISKED DURING THE EXECUTION OF A PREMISES WARRANT ........ 235
R. EPO #18: IDENTIFY THE CIRCUMSTANCES IN WHICH EVIDENCE
MAY BE SEIZED UNDER THE PLAIN VIEW DOCTRINE .......................... 240
S. EPO #19: IDENTIFY FACT SITUATIONS WHERE WARRANTLESS
SEARCHES ARE ALLOWED REGARDING MOTOR VEHICLES ............... 244
T. EPO #20: IDENTIFY FACT SITUATIONS WHERE WARRANTLESS
SEARCHES ARE ALLOWED DURING EXIGENT CIRCUMSTANCES,
E.G., HOT PURSUIT, DESTRUCTION OR REMOVAL OF EVIDENCE,
AND EMERGENCY SCENES ..................................................................... 254
U. EPO #21: IDENTIFY THE REQUIREMENTS AND SCOPE OF A
SEARCH INCIDENT TO A LAWFUL ARREST ............................................ 265
V. EPO #22: IDENTIFY CIRCUMSTANCES WHERE A SUSPECT’S
CONSENT TO SEARCH IS VOLUNTARY .................................................. 283
W. EPO #23: IDENTIFY THE CIRCUMSTANCES IN WHICH A THIRD
PARTY HAS THE ACTUAL OR APPARENT AUTHORITY TO GRANT
CONSENT TO SEARCH A SUSPECT'S PROPERTY ................................ 290
X. EPO #24: IDENTIFY THE REQUIREMENTS ALLOWING AN
INVENTORY OF LAWFULLY IMPOUNDED PERSONAL PROPERTY ...... 303
Y. EPO #25: IDENTIFY THE CIRCUMSTANCES WHEN AN INSPECTION
IS PERMITTED FOR REAL AND PERSONAL PROPERTY ....................... 309

FOR OFFICIAL USE ONLY
Z. EPO #26: IDENTIFY CIRCUMSTANCES WHEN A WARRANT IS
REQUIRED TO SEIZE VEHICLES SUBJECT TO THE GENERAL
FORFEITURE STATUTE ............................................................................. 316
AA. EPO 27. IDENTIFY THE LEGAL STANDARD FOR SEARCHING
PEOPLE AND PACKAGES ENTERING AND LEAVING FEDERAL
BUILDINGS AND INSTALLATIONS. [MEPO 1211-27] [TAUGHT ONLY
IN IPOTP] LESSON PLAN TRACKS STUDENT TEXT ............................... 319
IV. SUMMARY ............................................................................................................. 323
A. REVIEW OF PERFORMANCE OBJECTIVES ............................................. 323
B. REVIEW OF TEACHING POINTS ............................................................... 323
V. APPLICATION ....................................................................................................... 323
A. LABORATORY ............................................................................................ 323
B. PRACTICAL EXERCISE .............................................................................. 323
TABLE OF CASES ........................................................................................................... 324
BIBLIOGRAPHY ............................................................................................................... 382
TEST ITEM CONTROL SHEET (TICS) ............................................................................ 383

FOR OFFICIAL USE ONLY
SYLLABUS
COURSE TITLE: FOURTH AMENDMENT
COURSE NUMBER: 1211
COURSE DATE: FEB/10
LENGTH OF PRESENTATION: VARIES. SEE BELOW

OPTION LECTURE LAB P.E. TOTAL PROGRAM
A 24:00 6:00 2:00 32:00 CITP
B 24:00 2:001 26:00 LMPT
C 22:00 4:002 2:003 28:00 UPTP
D 20:00 20:00 ICE-D
E 22:00 6:00 28:00 A_FAMTP
F 2:00 2:00 DOJOIG-IS
G 8:00 8:00 ICITP
H 7:00 7::00 USDA_PSYTP
I 4:00 4:00 A_VCITP
J 20:00 6:005 26:00 IPOTP
K 2:00 2:00 ICE-DOTTP [NOT TESTED]
L 10:00 10:00 FWS_LESB [Pilot – Aug 2010]
M 3:00 1:00 4:00 TIGTA_AITP [NOT TESTED]
N 1:00 1:00 USFS-DETP [NOT TESTED]
O 7:00 7:00 CLETP
P 4:00 4:00 DCIS-SARTP
Q 22:00 22:00 A_BIA_BPOBTP
R 10:00 10:00 NCIS_CTTP

1 4th Amendment Computer Based Skills Assessment Lab, evaluated by written, multiple-choice examination.
2 4th Amendment Skills Lab.
3 4th Amendment Computer Based Skills Assessment Lab.
4IG-SWETP is not tested. The 4th hour of the class (the lab) is to review a student-generated search warrant application.
5IPOTP Labs consist of one 4-hour 4th Amendment Skills Lab and one 2-hour Computer Lab. These are modeled on those used in
UPTP and borrow many common features and scenarios.

FOR OFFICIAL USE ONLY 1
OPTION A
DESCRIPTION: This course examines the principles of search and seizure as prescribed by the
Fourth Amendment. The exclusionary rule, probable cause, particularity, and other constitutional
safeguards are identified and explained. Emphasis is placed on the proper preparation and execution
of search warrants, as well as legal exceptions to the warrant requirements.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student
will identify the requirements for conducting a legal search both with and without a search warrant and
submit a legally sufficient criminal complaint in accordance with Federal law and Constitutional
standards.
OPTIONS B, C AND G
DESCRIPTION: This course examines the principles of search and seizure as prescribed by the
Fourth Amendment. The exclusionary rule, probable cause, particularity, and other constitutional
safeguards are identified and explained. Emphasis is placed on the proper preparation and execution
of search warrants, as well as legal exceptions to the warrant requirements.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student
will identify the requirements for conducting a legal search both with and without a search warrant and
submit a legally sufficient criminal complaint in accordance with Federal law and Constitutional
standards.
OPTIONS D AND K
DESCRIPTION: This course examines the principles of search and seizure as prescribed by the
Fourth Amendment. The exclusionary rule, probable cause, particularity, and other constitutional
safeguards are identified and explained.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student
will identify the requirements for conducting a legal search both with and without a search warrant and
submit a legally sufficient criminal complaint in accordance with Federal law and Constitutional
standards.
OPTIONS E AND F
DESCRIPTION: This course examines the principles of search and seizure as prescribed by the
Fourth Amendment. The exclusionary rule, probable cause, and other constitutional safeguards are
identified and explained.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student
will identify the requirements for conducting a legal search both with and without a search warrant in
accordance with Federal law and Constitutional standards.
OPTIONS H AND I

FOR OFFICIAL USE ONLY 2
DESCRIPTION: This course examines the principles of search and seizure as prescribed by the
Fourth Amendment.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student
will identify the constitutional requirements for conducting a legal search in accordance with Federal
law and Constitutional standards.
OPTION J
DESCRIPTION: This course examines the principles of search and seizure as prescribed by the
Fourth Amendment. The exclusionary rule, probable cause, warrantless searches, and other
constitutional safeguards are identified and explained. Emphasis is placed on gate inspections.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student will
identify the requirements for conducting a legal search and submit a legally sufficient criminal complaint
in accordance with Federal law and Constitutional standards.
OPTION L [Pilot in August 2010]
DESCRIPTION: This course exposes non-law enforcement supervisors to basic Fourth Amendment
concepts affecting law enforcement operations in the land management context.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student will
identify the basic Fourth Amendment concepts applicable to law enforcement operations in the land
management context in accordance with Federal law and Constitutional standards.
OPTION M
DESCRIPTION: This course reviews the basic principles of search and seizure for experienced
agents.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student will
identify the constitutional requirements applicable to search and seizure in accordance with Federal law
and Constitutional standards.
OPTION N
DESCRIPTION: This course reviews the basic principles for obtaining and executing for experienced
agents.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student will
identify the constitutional requirements applicable to obtaining and executing search warrants in
accordance with Federal law and Constitutional standards.
OPTIONS O AND P

FOR OFFICIAL USE ONLY 3
DESCRIPTION: This course updates experienced agents on recent developments in Fourth
Amendment law. EPOs are determined for each class with a student-centered approach and are
driven by student need and recent case-law, statutory and policy developments.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the student will
identify recent Fourth Amendment developments pertinent to law enforcement operations in
accordance with Federal law and Constitutional standards.
OPTION Q
DESCRIPTION: This course examines the principles of search and seizure as prescribed by
the Fourth Amendment. Emphasis is given to arrests and exceptions to the warrant
requirement for searches.
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the
students will identify the statutory and constitutional requirements for conducting legal
searches and seizures in the context of their technical duties in accordance with Federal law and
Constitutional standards.
OPTION R
DESCRIPTION: This course examines the principles of search and seizure as prescribed by
the Fourth Amendment. Emphasis is given to the constitutional principles pertinent to
searches and seizures conducted for data and electronic transmissions in order to better
understand follow-on instruction in Electronic Law and Evidence [1380].
TERMINAL PERFORMANCE OBJECTIVE (TPO): Given a potential investigation, the
students will identify the statutory and constitutional requirements for conducting legal
searches and seizures in the context of their technical duties in accordance with Federal law and
Constitutional standards.

FOR OFFICIAL USE ONLY 4
ENABLING PERFORMANCE OBJECTIVES (EPO): OPTIONS A THRU H
A B C D E F G H Master EPO List
1. Recognize when the Fourth Amendment applies to governmental
1 X X 1 X X X X
action. MEPO 1211-1
2. Identify situations in which a reasonable expectation of privacy exists.
1 X X 1 X X X X
MEPO 1211-2
3. Identify appropriate actions that may be taken when reasonable
1 X X 1 X X X
suspicion exists. MEPO 1211-3
4. Identify when law enforcement officers may or may not use race to
1 X X 1 X X justify stops or arrests in accordance with Department of Justice
Guidelines. MEPO 1211-4
5. Identify when probable cause exists to the extent that an arrest or
1 X X 1 X X X
search may be justified. MEPO 1211-5
6. Identify the origin, purpose and scope of the exclusionary rule. MEPO
3 X X 1 X X
1211-6
7. Identify exceptions to the exclusionary rule, e.g., no standing to object,
3 X X 1 X X
good faith, inevitable discovery, and impeachment. MEPO 1211-7
3 X X 3 X 8. Identify the limitations of an arrest warrant. MEPO 1211-8
9. Identify when an arrest involving a felony requires the use of a warrant.
3 X X 3 X
MEPO 1211-9
10. Identify when an arrest involving a misdemeanor requires the use of a
3 X X 3 X
warrant. MEPO 1211-10
11. Identify the conditions under which an officer an officer may use force
3 X X 3 to execute a warrant (search or arrest) according to the provisions of Title
18 U.S.C. § 3109. MEPO 1211-11.
12. Identify those officials who have the authority to issue Federal search
3 X 3
warrants. MEPO 1211-12
13. Identify the components of an affidavit for a search warrant. MEPO
3 X 3
1211-13
14. Identify circumstances when a telephonic search warrant should be
3
obtained. MEPO 1211-14
15. Identify the legal requirements for executing a search warrant, e.g.,
authority to execute; time of entry; method of entry; locations on a
3 X 3
premises which may be searched; duration of the search; and inventory.
MEPO 1211-15
3 X X 3 16. Identify the scope and purpose of a protective sweep. MEPO 1211-16
17. Identify circumstances in which persons on the premises may or may
3 X 3 X not be searched for evidence or frisked during the execution of a premises
warrant. MEPO 1211-17
18. Identify the circumstances in which evidence may be seized under the
3 X X 3 X
plain view doctrine. MEPO 1211-18

FOR OFFICIAL USE ONLY 5