Mastering Search & Seizure

Course Introduction

1) Instructor introduction.

1. 1)  Explain the course objective.
   1. a)  Recognize ho thee Fourth Amendment applies to each situation.
   2. b)  Demonstrate the understanding that every search and seizure requiresconsent, a recognized exception, or a warrant.
   3. c)  Translate the Fourth Amendment to make good case law.
2. 2)  Encourage attendees to ask questions and share feedback with other attendees.
3. 3)  Explain that certificates will be emailed after the class and each student will be registered in the Blue to Gold University.
4. 4)  Go over the three disclaimers:
   1. a)  Laws and agency standard operating procedures may be more restrictive. Blue to Gold teaching the federal standard unless otherwise stated. Therefore, students must know their state and local requirements in addition to the federal standard.
   2. b)  If students have any doubts about their actions, ask a supervisor or legal advisor.
   3. c)  The course is not legal advice, but legal education. Therefore, nothing we teach should be interpreted as legal advice. Check with your agency’s legal advisor for legal advice.
5. 5)  Course Objectives:
   1. a)  Discuss how to independently analyze and solve Fourth Amendment problems.
   2. b)  Discuss how to make legally defensible decisions as it relates to the Fourth Amendment.

Module One: Legal Fundamentals

1) Who did the search or seizure

2) What is a protected area

3) Did a search or seizure occur

4) Did you have CREW

Module Two: Search & Seizure Golden Rules

1) Report Articulation

2) Reasonable actions vs. seriousness of crime

3) How to conduct warrantless searches

Module Three: Who did the search or seizure

1) When does a private search become a government search.

2) Searching digital devices

3) Lawful access

Module Four: Was it a protected area?

1) Fourth Amendment protections

a) People

b) Structures and curtilage

c) Data

d) Possessions

2) People

3) Curtilage

a) Legal definition of curtilage

b) What you can do on curtilage

c) Reasons to be on curtilage

4) Data

a) Warrantless digital device searches

5) Private possessions

6) Abandoned Property

a) How to search

Module Five: Did a search or seizure occur?

1) Two searches: Privacy or Trespass

a) Reasonable expectations of privacy as seen by the public.

b) Trespass, protected area and intent

2) Seizure of a person

a) Show of authority

b) Physical seizure

c) Civil liability

3) Seizure of property

a) Legal definition of “Seizure of Property”

Module Six: Did you have CREW

1) Consent

2) Recognized Exception

3) Warrant