As peace officers we regularly walk and drive onto private property. It happens so often it’s hardly noteworthy. Although some might call it trespassing, to most people it’s a nonevent. Sometimes, however, it turns into a big deal, like when officers see a homeowner in the kitchen cooking meth, and it results in a search or an arrest. In such cases evidence discovered as the result of an improper entry onto private property may be suppressed, if the officers’ entry constituted an illegal search. It might seem crazy to think of walking or driving onto private property as a search. But it is, at least under certain circumstances. What are those circumstances? And when is such a search lawful? This course discusses the legality of officers on private property, and details when routine patrol becomes an illegal search. The main intent of this course is to save that investigation you are working on, and maybe even your career.
This activity is approved for 1.00 contact hours.
This class has been accredited by the Council on Law Enforcement Education and Training for 1.00 hours of mandatory continuing education credit. Regarding any law enforcement concepts, practices, methods, techniques, products, or devices as might be taught, promoted, or otherwise espoused in outside schools or seminars, there is no intent, expressed or implied, that ‘accreditation’ indicates or in any way conveys ‘CLEET approval’ of such concepts, practices, methods, techniques, products, or devices, unless such approval is explicitly stated by CLEET.
Relias Learning is a continuing education sponsor as approved by the Board of Peace Officer Standards and Training. This course Police Access to Private Property 1.0, 10397-0213 has been approved by the POST Board for continuing education credit. Peace officers who successfully complete this course will receive 1.00 hours of continuing education.
The sponsor of this course has a written policy for the investigation and resolution of allegations of classroom discrimination. This policy applies to all faculty, instructors, administrative staff, and students. A copy of the policy may be obtained from the sponsor by contacting Relias Support by phone at 1-800-381-2321.
Outline:
1. Introduction
2. Criminal & Technical Trespassing
3. Trespass or Search
4. Legal Trespass & Search
5. No Trespassing
6. Expectations of Privacy
7. Conclusion
David Lee Salmon has a BS in Criminal Justice from San Houston State University, Texas. David's background includes being a Law Enforcement and Jail Risk Manager, as well as having served in the U.S. Army Military Intelligence. He currently is the OSS Academy Training Coordinator, based in Texas, providing Law Enforcement and Corrections staff with online training. David also serves as the Vice-President of the OSS Law Enforcement Advisors, which provides risk management services, expert witness services, training programs, and law enforcement management tools. Disclosure: David Lee Salmon II, BS has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.
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