federal task force in service training unit 3 ip

1IN SERVICE TRAINING CURRICULUM

Running Head: IN SERVICE TRAINING CURRICULUM

Policing

Carla J. McCoy

Unit 3 Individual Project

March 1st, 2009

American InterContinental University


Abstract

This article will provide an In Service Curriculum reviewing A Discussion on the Process by which

a search warrant is sought and issued that emphasizes the Fourth Amendment requirements. You

will also be able to see the definition of probable cause and its standards in which it is met. There

are two types of searches that do not require a warrant which will also be covered in this article as

well as addressing a few questions such as What the rationale is for allowing warrantless searches,

and if those reasons are persuasive, and whether or not all searches require that probable cause

exists or if there are exceptions or not. The Thesis for this article is “Now is right, in doing the right

thing”. (AIU Online, 2009)


In Service Training Curriculum

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Personal Profile / Personal Attributes

Verbally Articulate, Quick and Sufficient in Communication and speaks persuasively. Profound Tendency to be neat and meticulous. Socially Outgoing, Good at Goal Setting, and Frequently sets Trends. Conscious of other’s reaction towards myself and the image I’m conveying to the point of

being referred to as a Homologist. Often good at synthesizing information, and focusing on rational material and value

objectivity. In conflict, emotions are kept out of the situation as to deal with objective facts. References available upon Request.

Carla J. McCoy – Federal Task Force in Service Training

Experience / Specialism’s

Customer/Client Documentation and Inquiries pertaining to service, products, billing, equipment, claims, and problem areas.

Able to use Multiple queues over customer contact channels. Improving Customer Retention and Problem Solving through programs and services. Operational System Experience in the Collection for Payments through Administering

System Functions. References available upon Request.

Achievements

Excel for Windows, Computerized Accounting/Quicken, Intro to Data Base/File Management, Desktop Publishing with Word Perfect, Working with Windows, MS/PC DOS, and QuickBooks.

Obtained Cosmetology License. Associates of Arts in Business Administration (AABA) References available upon Request.

Career History

1999-2003 - Revenue Management - Cingular Wireless/Wichita Falls, TX - Wireless Communications.

1997-1998 - Owner/Manager - Future Specialty Wholesaling/Vernon, TX - Privately Owned Business. Personal Details

Carla J. McCoy 1405 Covington (940)851-0086 [email protected] 10/04/1968 Single Texas Issued Drivers License

Education and qualifications

GED Associates of Arts In Business

Administration – Concentration in Criminal Justice Administration

Bachelors of Science in Criminal Justice Administration – Concentration in Special Populations

Hobbies

Writing Poetry Drawing

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mailto:[email protected]

mailto:[email protected]


Process of a Needed Search Warrant emphasizing the Fourth Amendment

Search Warrants are Intrusive and Specific Search Warrants are not equal Fourth Amendment Rules on Search Warrants Probable Cause of Actual Crime Probable Cause of Physical Evidence

Probable Cause and the standard in which it’s met

Definition of Probable cause Criminal and Civil Law standards Search, Arrest, and Liberty Sufficient Evidence

Two types of Searches without Warrants

Emergency Situation Imminent Danger Protection of Police Officers

Rationale Allowing Warrantless Searches

Explanations of Tasks performed Lawful Arrest

Persuasive Reasons

Fourth Amendment Analysis Societal Understanding Evidence obtained during Searches Magistrates Review

Searches requiring Probable Cause & Exceptions

Reasonable Suspicion Detaining People and Conducting Searches Belief of a Crime Committed through Probable Cause

Introduction


A two week In-Service Training program for approximately 30 officers has been set. The

most important part of the training course is going to center on various types of searches that are

authorized by federal law as well as what is necessary to legally support those searches. Some

important elements will be included in this Curriculum which include a Discussion on the Process

in which a search warrant is sought and issued, we will emphasize the Fourth Amendment

requirements, as well as Define probable cause and the standards in which probable cause is met. A

Description as well as Discussion on two types of searches that do not require a warrant will be

presented and we will need to consider addressing the following questions which will help all 30

officers get a better understanding of the Curriculum they have been provided with. The questions

we will need to answer in this training session are what the rationale is for allowing warrantless

searches. We will also need to review and answer if those reasons are persuasive or not and whether

or not all searches require that probable cause even exists or if there are exceptions or not. We all

know that doing the right thing now is much better than waiting until other problems arise. Good

luck and I look forward to the In Service Training that will be provided to all of you. (AIU Online,

2009)

In Service Training Curriculum

Law Enforcement Training offers the most comprehensive curricula to law enforcement

agencies and officers. This training course will cover a wide array of elements in areas such as:

The Process in which a Search Warrant is sought and issued that emphasizes the Fourth

Amendment requirements.

A definition of Probable cause and standard by which it is met.

A Definition and Discussion on two types of searches that do not require warrants.

Questions involving the rationale that allows warrantless searches

Questions involving whether those reasons are persuasive or not.

Questions involving whether or not probable cause actually exists or not and if there are any

exceptions.

(AIU Online, 2009)

Search Warrant Process and Fourth Amendment Requirements


Discussion

Search warrants are not only intrusive they must also be specific and they are not all equal.

If you use a search warrant for example to obtain business records of a corporation or even an

executive who is suspected of fraud this process is not easy, however if you use a search warrant to

locate an seize a piece of evidence such as a weapon, or drug then it is fairly simple to do. The

Fourth Amendment has to be considered and taken seriously when obtaining a search warrant as

well to be careful to respect the right of other people to be secure in their houses, persons, effects,

and papers against unreasonable searches and seizures, shall not be violated. No warrants shall be

issued but upon probable cause, supported by Oath and or affirmation, and has to be particularly

describing the place to be searched and persons or things to be seized. (United States Senate, 1996)

A search warrant is sought and issued by investigators demonstrating two things. First, they

have to show probable cause that an actual crime was committed. Secondly they must show

probable cause that there is physical evidence that can be found in a particular place. As long as

both of these requirements are met there should be no problems arise. No judge will approve a

search warrant without law enforcement being specific as to the items and location they wish to

search. The judge decides if the warrant will be issued or not after his review. (Grosso, A., 2009)

Definition of Probable Cause & the standard in which it’s met

The Definition of Probable Cause is a reasonable belief that is based on facts which can be

articulated which is required to sue or arrest and prosecute a person that has committed a crime.

The standard in which it is met is more important in Criminal Law than it is in Civil Law due to

being used in Criminal Law as a basis in order to search, arrest, and deprive someone of their

liberty. Civil cases will deprive a person of property, but can’t deprive a person of their liberty. If

the plaintiff in a court room does not have probable cause for a claim, they may end up facing

Malicious Prosecution later on which the defendant will pursue. When this happens it basically

means the plaintiff did not have sufficient evidence to support the claim, and the courts will more

than likely dismiss a case like that. (The Free Dictionary by Farlex, 2009)

Two types of Searches without Requirement of a Warrant


There are two types of Searches that do not require a warrant and that is when there is an

Emergency Situation such as if the officer had witnessed a theft of some sort and began to pursue

the criminal to make an arrest yet the criminal flees and takes refuge in someone’s private residence

then police may indeed follow him inside an do not need a search warrant to enter the private

residence nor to search and collect evidence that is in plain sight or within reach of the criminal.

The police may also enter a private residence if they hear someone screaming for help or are under

the belief that someone or their property is in imminent danger and that great harm would come to

that person if the time was taken to obtain a search warrant. Another situation where a warrant is

not required would be after they arrest someone. Once the police arrest someone and take them into

their custody then police officers may search their body and immediate surroundings. The courts

have allowed this rule to take place which actually protects the police officers from people who may

have weapons. (Law Info, 2008)

Questions to Consider on Rationale for allowing Warrantless Searches

Rationale means to have an explanation of the fundamental reasons a task is to be performed

using logical reasoning. The rationale that allows warrantless searches was created to allow officers

to be sure the person or persons arrested are not carrying, or within reach of a weapon that could be

used to endanger others. However, the Arrest has to be lawful, the person or persons need to be

arrested prior to the search, the arrest must not be made on false pretences so officers may search

only to hope they find incriminating evidence, and the search should be aimed at finding weapons

or evidence that is connected with the arrest. Also the search and seizure has to be made at the time

and place of the arrest and the only person or persons arrested are the only ones allowed to be

searched without a warrant. (The Missouri Bar, 2006)

Question on Reasons being Persuasive

Where rationale is concerned there are various reasons why this would be persuasive is

because under the Fourth Amendment analysis the Supreme Court has stated that the analysis must

turn on such factors as “our societal understanding that certain areas deserve the most scrupulous

protection from government invasion.” Any evidence obtained when searching a person or their


things does not intrude on legitimate expectation of privacy which has to be properly considered by

the magistrate. (Court of Appeals of Iowa, 2001)

Questions regarding Searches requiring Probable Cause

The question is Do all searches require that probable cause exist or are there exceptions? No

they do not. The Supreme Court permits an officer to act without probable cause upon “reasonable

suspicion of criminal activity” (Bodenharner, D., 2009) Exceptions to the general rules are that

Police may detain, and conduct a limited search of a person in a public place providing they have

that reasonable suspicion that a crime has been committed. However an officer may not arrest any

person until they have possessed probable cause that causes the officer to believe the person or

persons have committed the crime. (The Free Dictionary by Farlex, 2009)

Conclusion

There are various reasons why search warrants are sought and issued that are laid out in the

Fourth Amendment which have been discussed in this Curriculum. You have learned the definition

of probable cause and the standards by which probable cause is met. You’ve reviewed two different

types of searches that do not require a warrant and considered three valid questions as to what

rationale is for allowing warrantless searches as well as whether those reasons are persuasive or not.

You’ve also learned that all searches do not require that probable cause exist and what exceptions

there are. In conclusion of this in service training course I’d like to extend a personal Thank You to

all thirty officers who attended this course and wish each and every one of you good luck on your

journey’s. (AIU Online, 2009)


References

AIU Online, (2009) Policing CRJ101 Unit 3 Individual Project Assignment American InterContinental University retrieved on March 1st, 2009 at https://mycampus.aiu-online.com

United States Senate, (1996) Fourth Amendment Search and Seizure the Constitution of the United States of America. Retrieved on March 1st, 2009 at http://www.gpoaccess.gov/constitution/html/amdt4.html

Grosso, A., (2009) Search Warrant Applications from the ‘Lectric Law Library’s stacks retrieved on March 1st, 2009 at http://www.lectlaw.com/files/cri12.htm

The Free Dictionary by Farlex, (2009) Probable Cause retrieved on March 1st, 2009 at http://legal-dictionary.thefreedictionary.com/Probable+cause

The Missouri Bar, (2006) Search and Seizure Civics Library of the Missouri Bar retrieved on March1st, 2009 at http://members.mobar.org/civics/Searches.htm

Bodenharner, D., (2009) Exceptions to Search Warrant Rules Answers.com retrieved on March 1st, 2009 at http://www.answers.com/topic/exceptions-to-search-warrant-rules

Court of Appeals of Iowa, (2001) Andrew Dean Skola, Defendant-Appellant Iowa Judicial Branch retrieved on March 1st, 2009 at http://www.judicial.state.ia.us/court_of_appeals/recent_opinions/20010523/00-1183.asp?Printable=true

Law Info, (2008) When is a Search Warrant Necessary Quality Legal Services You Can Count On Retrieved on March 1st, 2009 at http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/when-is-a-search-warrant-necessary.html

http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/when-is-a-search-warrant-necessary.html

http://resources.lawinfo.com/en/Articles/Criminal-Law/Federal/when-is-a-search-warrant-necessary.html

http://www.judicial.state.ia.us/court_of_appeals/recent_opinions/20010523/00-1183.asp?Printable=true

http://www.judicial.state.ia.us/court_of_appeals/recent_opinions/20010523/00-1183.asp?Printable=true

http://www.answers.com/topic/exceptions-to-search-warrant-rules

http://members.mobar.org/civics/Searches.htm

http://legal-dictionary.thefreedictionary.com/Probable+cause

http://www.lectlaw.com/files/cri12.htm

http://www.gpoaccess.gov/constitution/html/amdt4.html

https://mycampus.aiu-online.com/