Terry Search/Stop & Frisk

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