Patrol LP Scenario04 July2021

POST
Course: POST Patrol Academy
Topic: The Legal Process – Scenario 04
Instructor:
Training Lesson Plan Originated by: Jared Olson, Idaho Prosecuting
Program Attorneys Association
Details
Date Prepared: January 2019
Revision Date: July 1, 2021

Revision Date:
Revision Date:
Instructional
Time 32 Classroom Hours total between all scenarios.
Goal
Objectives The seven-step framework outlined below is used to organize the
instructional objectives for “The Legal Process”. The handout content
is organized by subject matter, but the objectives will be taught in the
seven-step framework, meaning you will be jumping to the various
topics as you will be expected to do in your day-to-day work as a
patrol officer.
STEP 1 -- SEIZURE
1. Classify the 3 types of officer-citizen encounters. (Concepts)

a. Voluntary/Consensual
b. Temporary Detention
c. Arrest
2. Explain how the 4th Amendment is applied to each type of officer-

citizen encounter. (Principles)
3. Recall the protections guaranteed by the 4th Amendment to the

U.S. Constitution. (Facts)
4. Recall the protections guaranteed by Article 1, Section 17 of the

Idaho Constitution. (Facts)
5. Recall the definitions for the following burdens of proof. (Facts)

a. Reasonable Suspicion
b. Probable Cause
c. Preponderance of the Evidence
d. Clear and Convincing
e. Beyond a Reasonable Doubt
6. Explain the legal burden of proof for the 3 types of officer-citizen
POST Detention Academy – Search & Seizure in Detention Facility 1

encounters. (Principles)
7. Classify examples and non-examples of seizures. (Concepts)
8. Determine the length of detention and scope of intrusion.

(Procedures)
9. Explain the difference between (a) a frisk during a seizure; and

(b) a search during a seizure. (Concepts)
10. Recall 8 common factors supporting a frisk. (Facts)
11. Perform the steps to determine applicability of the 4th Amendment

in varied classroom scenarios, and if the 4th Amendment is
applicable, determine the exact moment a seizure has occurred
and if the seizure was lawful. (Procedures)
12. Explain the difference between a detention and arrest.

(Principles)
STEP 2 -- INTERROGATION
1. Explain how the 5th Amendment is applied to each type of officer-

citizen encounter. (Principles)
2. Classify examples and non-examples of instances in which a

citizen has a right to remain silent. (Concepts)
3. Recall the Landmark Case decisions regarding the applicability of

the 5th Amendment. (Facts)
a. Miranda v. Arizona
4. Recall the 4 warnings provided to citizens in reference to Miranda

v. Arizona. (Facts)
5. Recall the 3 rules to determine applicability of the 5th Amendment

per Miranda. (Facts)
6. Perform the 3 rules to determine applicability of Miranda in

assigned scenarios. (Procedures)
7. Explain how a citizen can invoke the right to remain silent.
(Principles)
8. Explain when a citizen can invoke the right to remain silent.

(Principles)
9. Explain how an officer may use written, audio and video

recordings to document invocation of Miranda warnings.
(Processes)
10. Based on the timing of your questioning, determine if you have

now unlawfully seized the citizen based on the 4th Amendment.
(Principles)

STEP 3 -- SEARCH
1. Recall the protections guaranteed by the 4th Amendment to the

U.S. Constitution. (Facts)
2. Recall the protections guaranteed by Article 1, Section 17 of the

Idaho Constitution. (Facts)
3. Explain why the Idaho Constitution can provide greater

protections than the 4th Amendment against governmental
intrusions but cannot provide less protection than the 4 th
Amendment. (Principles)
4. Recall the Landmark Case decisions regarding the applicability of

the 4th Amendment. (Facts)
a. Weeks v. U.S. – Exclusionary Rule
b. Silverthorne Lumber Co. – Fruit of the Poisonous Tree
c. Mapp v. Ohio – Exclusionary Rule
d. Terry v. Ohio – Stop & Frisk
e. Chimel v. California – Search Incident to Arrest (Lunge
Area)
5. Classify examples and non-examples of searches. (Concepts)
6. Recall the 4 questions to determine applicability of the 4 th

Amendment. (Facts)
7. Classify examples and non-examples of situations in which a

citizen has a reasonable expectation of privacy. (Concepts)
8. Classify exceptions to the warrant requirement. (Concepts)

a. Consent
b. Search Incident to Arrest
c. Automobile Exception
d. Terry Stop & Frisk
e. Plain View, Feel or Smell
f. Exigent Circumstances
g. Regulatory Searches
9. Perform the steps to determine applicability of the 4th Amendment

in varied classroom scenarios, and if the 4th Amendment is
applicable, determine the exact moment it applies and if any
exceptions to the warrant requirement are applicable.
(Procedures)
STEP 4 -- ARREST
1. Recall the definition of crime per the Idaho Code. (Facts)
2. Recall the definitions for felony, misdemeanor and infraction.

(Facts)

3. Classify examples of felonies, misdemeanors and infractions.
(Concepts)
4. Classify the difference between a principal, accomplice, aider or

abettor from an accessory to a crime. (Concepts)
5. Recall the 5 basic elements of a crime. (Facts)

a. Name
b. Date
c. Location
d. Act
e. Intent
6. Use the Idaho Code to predict whether a citizen has violated a

traffic code under Title 49. (Processes)
7. Use the Idaho Code to predict whether a citizen has violated a

criminal statute under Title 18. (Processes)
8. Recall the definition of arrest as found in Idaho Code 19-601.

(Facts)
9. Recall the statutes in Idaho Code providing the authority to

arrest. (Facts)
a. Peace Officer Authority – I.C. 19-603
b. Private Person – I.C. 19-604
c. Warrant – I.C. 19-607
d. Application of Force – I.C. 19-610
e. Private Person’s Responsibilities – I.C. 19-614
f. Warrantless Arrests – I.C. 19-615
10. Classify the circumstances when an officer may make an arrest

per I.C. 19-603. (Concepts)
11. Classify the limitations on arrest when the officer is outside his or
her jurisdiction. (Concepts)
12. Recall the statute of limitations for misdemeanors. (Facts)
13. Recall the statute of limitations for ‘general’ felonies. (Facts)
14. Recall the criminal offenses in which there is no statute of

limitations. (Facts)
15. Explain what happens to the statute of limitations when the

suspect has left the State of Idaho. (Principles)
16. Predict when an arrest may not be made on U.S. legislators and
Idaho legislators. (Processes)
17. Predict when an arrest may not be made on out-of-state

witnesses, or members of Idaho National Guard. (Processes)

18. Classify the four types of arrest warrants in Idaho, to include:
Arrest, Bench, Agent and Board. (Concepts)
19. Classify when an arrest may be made with a warrant inside a

person’s residence for a felony. (Concepts)
20. Classify when an arrest may be made with a warrant inside a

person’s residence for a misdemeanor. (Concepts)
21. Explain when arrests may be made on felonies and misdemeanors

outside of a person’s residence. (Principles).
22. Recall the possible consequences of making a false arrest. (Facts)

a. Criminal Liability – I.C. 18-703 and 18-2901
b. Civil Liability – 42 U.S.C. 1983
c. Evidence Suppressed
d. Departmental Discipline
23. Explain when an officer may detain a person with a detention

warrant for the collection of evidence. (Processes)
24. List the Idaho statutes providing officers the ability to place
individuals in custody, but do not amount to an arrest.
(Processes)
a. I.C. 66-326 – Adult Mental Holds
b. I.C. 16-2403 – Juvenile Mental Holds
c. I.C. 16-1608-09 – Child Protection
d. I.C. 39-307A – Temporarily incapacitated due to
intoxication
25. Recall the 3 rights an arrested person has under the 5 th

Amendment and the 1 Right under the 8th Amendment. (Facts)
a. Right to remain silent (any statements will be used against
you) – 5th Amendment
b. Right to Counsel (right to consult with an attorney and
have attorney present during questioning) – 5th
Amendment
c. Right to Attorney (if you cannot afford an attorney, one
will be appointed to you before questioning) – 5 th
Amendment
d. Right to Bail – 8th Amendment
26. Perform an arrest and apply Miranda warnings correctly.

(Procedures)
STEP 5 -- Report Writing

(Or Application for an Arrest/Search Warrant)
1. Recall the definition of evidence. (Facts)
2. Classify the three types of evidence an officer may later use in

court. (Concepts)
a. Tangible (Real/Physical)

b. Testimonial
c. Demonstrative
3. Classify the difference between direct evidence vs. circumstantial

evidence. (Concepts)
4. Use the Idaho Code to document the 5 basic elements of a crime

and/or traffic infraction. (Procedures)
5. Perform the steps to write a citation for a traffic infraction.

(Procedures)
6. Perform the steps to write a report for a misdemeanor or felony

crime. (Procedures)
7. List the activities an officer should complete prior to writing an

arrest or search warrant. (Processes)
8. List the officer’s responsibilities in preparing and obtaining

warrants. (Procedures)
a. Obtain and verify probable cause
b. Prepare/present facts of case to a judicial officer
c. Prepare affidavit (probable cause statement)
d. Attachments (places to be searched, things/persons to be
seized)
e. Prosecutor review and approval
f. Magistrate review and approval
g. Obtain search/arrest warrant
h. Verify warrants before execution
i. Make proper return
9. Perform the steps to prepare and write an affidavit for a search

warrant. (Procedures)
STEP 6 -- Courtroom Testimony
1. Classify the 4 types of Idaho courts and their responsibilities.

(Concepts)
2. Classify the 3 types of federal courts and their responsibilities.

(Concepts)
3. Explain how a traffic infraction proceeds through the court

system. (Processes)
4. Explain how a misdemeanor case proceeds through the court

system. (Processes)
5. Explain how a felony case proceeds through the court system.

(Processes)
6. Classify the difference between a grand jury hearing and a

preliminary hearing. (Concepts)

7. Name the State’s burden of proof at an infraction trial vs.
misdemeanor trial vs. felony trial. (Processes)
8. Recall the number of jurors at an infraction trial vs. misdemeanor

trial vs. felony trial. (Facts)
9. Classify how many jurors are required to find a defendant “guilty”

vs. “not guilty” vs. “hung jury.” (Concepts)
10. Classify which court you will report to and testify in a traffic
infraction vs. misdemeanor case vs. felony case. (Concepts)
11. Recall the difference between a jury trial vs bench trial. (Facts)
12. Classify who the “fact-finder” is at a jury trial vs. a bench trial.
(Concepts)
13. Explain the stages of a criminal trial. (Processes)
14. Recall the difference between the burden of proof at a criminal

trial vs. a civil trial. (Facts)
15. List the steps for an officer to prepare to testify in court.

(Procedures)
a. Maintain professional appearance and manners
b. Review reports, notes, warrants and affidavits prior to
hearing.
c. Review transcripts, audio/video, photos, diagrams prior to
hearing.
d. Review all physical evidence
e. Know facts of investigation from memory
f. Confer with prosecutor regarding your testimony prior to
hearing.
16. Recall the difference between a lay opinion vs. an expert opinion.
(Facts)
17. Recall the definition of “hearsay.” (Facts)
18. Classify examples and nonexamples of hearsay. (Concepts)
19. Explain what to do if you do not remember the answer to a

question. (Principles)
20. Explain what to do if you do not know the answer to a question.

(Principles)
21. Classify examples of and non-examples of impeachment and

determine if they are admissible in court. (Concepts)
a. Character Evidence
b. Prior bad acts (Idaho Rule of Evidence 404(b))

22. Predict some common objections you might encounter while
testifying. (Principles)
23. Explain what an officer should never say when testifying in a

criminal trial. (Principles)
STEP 7 -- Other Considerations
1. Explain who may review your actions with citizens even if you do
not take any legal action. (Principles)
2. Explain who has the power to say you did something wrong.
(Principles)
a. Note: Discuss supervisor, prosecutor, judge, public. (For
example, if you give a warning, rather than a traffic
citation, a prosecutor or judge will not likely review your
actions, but your supervisor and/or the public may.)
3. Explain your personal or professional consequences if you get

anything wrong during your encounter with a citizen. (Principles)
References
See Instructor and Student Handout, Idaho Traffic Law
(from the objectives) Handouts, and Student Study Guide.
All materials are available online and cadets are expected to

complete the 16-hour online pre-academy prior to the patrol
academy.
Materials Needed  Projector, Screen and Audio for PowerPoint Slides

 Whiteboard and Markers
 Copy of Idaho Criminal Code Book
 Traffic Law Handouts
 Student Study Guide
 Student Handout (Fillable PDF Form)
 Instructor Handout (Filled PDF Form)
Instructional Creating a learning environment using the following 5

Methods principles: (1) Engage students in solving a real-world
problem/issue; (2) Activation of students’ prior knowledge and
skill; (3) Demonstrating new knowledge and/or skills to the
learner; (4) Application of new knowledge and/or skills by the
learner to solve the problem/issue; and (5) Integrating the new-
found knowledge and skills after the training into the real-world
detention facility environment.
Lesson Plan What Was Covered from the Student Workbook (handout)
Overview of Entire during Online Session

32 hours
The following materials from the workbook were covered online as
part of “Scenario #1 – The Traffic Stop.” You should have completed
this prior to the academy. These materials will be
tested during the first weekly test, _______________________.
• Introduction to the Legal Process – Pages 1-10

• Burdens of Proof – Pages 11-22
• Terry Stop & Frisk – Pages 23-31
• Miranda Warnings – Pages 54-59, 72-74
• Search & Seizure – Pages 75-81, 88-95
• Laws of Arrest – Pages 115-121
• Idaho Code – Pages 135-139
• Court Procedures & Rules of Evidence – Pages 185-188, 207-212
Legal Materials from the Workbook to be covered in First

Week of Class – 16 hours
The following materials will be covered during 16 class hours of legal

classroom instruction.
These materials will be on the weekly test given on,

______________________.
• Burdens of Proof – Review of pages 11-22.

• Terry Stop & Frisk – Pages 32-53
• Miranda Warnings – Pages 60-72
• Search & Seizure – Pages 82-87
• Idaho Traffic Code – In-class handout & exercise
• Court Procedures & Rules of Evidence – Pages 189-195
Legal Materials from the Workbook to be covered the Final

2 Days of Legal Process – 16 hours
The following materials will be covered during the second 16 hours of

legal classroom instruction. These materials will be on the test given
on ____________________.
• Search & Seizure – Pages 96-114

• Idaho Code – Pages 140-184
• Court Procedures & Rules of Evidence – Pages 195-206
• Writing an Affidavit – Pages 213-221
**Note: All the Legal Process materials listed above will be tested
during the First Block Test.
Material References Objectives w/ Integrated Lesson Plan

Day 4
See Instructor Handout &
Student Study Guide
SCENARIO #4
Remind the cadets of the 7-step legal process that helped us
Scenario 02 – Officer- navigate our first 3 scenarios.
Citizen Encounter
PPT Slide #1 Step 01: Help motivate the learners to participate in learning the
legal process by reminding them of the benefits.
The Benefits to Learning the Legal Process
The beneﬁts of mastering this legal knowledge are: (1) You can focus
on the task and keep yourself safe. A lack of legal knowledge can lead
you to being distracted and miss seeing the suspect reaching for a
gun. (2) You will have increased conﬁdence when talking with the
public, your supervisor, fellow officers, the prosecutor, the judge and
jurors.
For example, there are citizens (i.e. sovereign citizens) who try to use
the law, or things that sound like the law, to distract and confuse
officers. Knowing the law frees up brain activity to focus on what you
are observing rather than trying to recall a law or legal principle.
PPT Slide # 2-4 Step 02: Set the stage for Scenario #4 – As you review the scenario
ask the students to start spotting issues and have a discussion
regarding where they would start and how they would proceed in this
investigation.
Scenario #4:
While minding your own business, like cops do, you are dispatched to
Wally World where a 36-year-old suspect by the name of Baxter is
being held in the security office. Upon arrival, the security supervisor
informs you that Baxter was found in the store with a limited-edition
Cowardly Lion Pez Dispenser in his pants’ pocket. The value of the Pez
Dispenser is $25.00. The security supervisor next informs you she has
a video recording of Baxter taking a Toto Pez Dispenser 2-days ago
from the same store without paying. The Toto Pez Dispenser is valued
at $20.00.
Upon seeing Baxter in the security office, you recognize that he

matches the description from a report you took 4 days ago from
Walgreens where a Yoda Pez Dispenser valued at $10.00 was taken. A
follow-up call to Walgreens reveals Baxter had been trespassed from
that Walgreens 14 months earlier.
Upon hearing Baxter’s name reported to dispatch, a detective from

your agency calls you and says he has been looking for Baxter in a
case he was investigating two weeks ago at Best Buy. Baxter had
walked out of the store with a $945.00 Big Screen TV.

You question Baxter about the Pez Dispenser in his pants’ pocket. He
said, “These are some other dude’s pants.” Baxter then states, “Maybe
I should get a lawyer or could you call my Mom?” You ask Baxter if he
went to Best Buy two weeks ago and he says, “I went there with the
intent to get a $200 Sonos speaker, but they were out of the speakers,
so I left.”
Consider the following charges:
Petit Theft
Grand Theft
Unlawful Entry
Burglary
Commercial Burglary
Willful Concealment
Criminal Trespass
Any others you can think of that may apply?
You are afraid Baxter will skip the county if you do not arrest him
today. Recalling your knowledge of the laws of arrest, you make the
call.
The goal is for the students to work through the 7 steps of the
legal process and build on the foundational principles they
have learned thus far.
See Instructor Handout –

Step 1 - Seizure
Page 140-184
Step 01: Conduct a brief review of the fact, concepts and principles
PPT Slide # 5-6 learned thus far regarding “seizure” by quizzing the students.
Step 02: Using the “Idaho Criminal & Traffic Law Manual” and pgs.
140-184, teach the students how to read, understand and apply the
Idaho Criminal Code.
 Explain it is not important to memorize the Idaho Code, it is

more important to know how to find the correct Idaho Codes
and then apply them to the facts and circumstances. In
Scenario #3 we learned how to find traffic codes. We now
want to focus on reading criminal statutes and applying them
to facts in a case.
 Explain that the students will be able to use an Idaho Code

Book or the wording of the statute will be provided in the
POST tests to answer these types of questions. They do not
need to memorize the statute numbers or the wording of the
statute, but they do need to understand how to read, interpret
and apply the code.
 Students should learn it is okay to plagiarize wording from

statutes when writing reports.

Step 03: Work through the 3 Inchoate Crimes together as a class as
found on pages 140-141.
 Review the 5 elements of every crime.
 Remind the students for it to be a crime it must be written

(Rule of Law). For example, cheating at the game of chess
may be a moral or character defect, but if there is not a
statute outlawing the practice, it is not illegal.
 Students do not need to know the exact punishments of each

crime, but it is important they are able to figure out whether it
is an infraction, misdemeanor or felony as this impacts their
ability to seize (arrest) the suspect.
Step 04: Use the Idaho Code to predict whether a citizen has
violated a criminal statute under Title 18.
 Explain the students should open up the Idaho Code book to

the applicable statute rather than rely entirely on the
statutes in the handout (pgs. 142-184). The Idaho Code
book will include more definitions and the entirety of the
statutes.
 Have the students follow the directions found with each

statute in the handout.
 Explain the importance of conjunctions “and, or, but” in

criminal statutes. What does each conjunction mean? How
does that change your investigation of the criminal
elements?
Instructor Note: It is your discretion how to best teach this skill of

reading and applying statutes based on the time you have and the
number of students in your class. For example, you may choose to
assign a different statute to each student to explore and then teach
the rest of the class.
The key will be your guidance in providing feedback to each student

as they learn what I describe as a “foreign language.” From
experience, most students struggle with identifying and understanding
how to prove criminal intent. They can pick out the unlawful act, but
they have a hard time identifying the criminal intent and
understanding its importance in the evidence they collect. It will be
important for you to help them learn how to spot the correct wording
and then apply it to real-world criminal scenarios.
The exercises in the student handout are meant for students to

practice reading and comprehending the statute. Some of the
examples are ludicrous on purpose to get students to read and dissect
the statute. For example, it is unlikely burglary will ever be charged
for Burt Reynolds entering his Trans Am with the intent to elude the

police by crossing the state lines. Yet, it meets the elements of the
burglary statute. I have found it is the “crazy” or “funny” examples
which make the students slow down and critically think about the
wording of the statute. It also helps them in memory retention when
it comes to testing.
Regarding the one-sentence scenarios – It may not be the legislative

purpose behind the statute, nor would you likely charge in all of these
scenarios under the principle of “justice.” There may be a better
statute to charge under – but that is not the goal of the exercise. The
goal is to determine whether the scenario could qualify as the statute
is written. Some scenarios do not include all of the necessary
information to prove guilt beyond a reasonable doubt. Again, this is
by design to help the students engage in critical thinking and have a
discussion.
 A helpful example in discussing the importance of

understanding the “criminal intent” is the difference between
“general intent” crimes and “specific intent” crimes. The
students were exposed to these concepts in the pre-academy
materials. Battery is a general intent crime. The perpetrator
doesn’t have to intend a specific harm, the unlawfully and
intentionally intent to touch is enough. Whereas, indecent
exposure is a specific intent crime. It is not enough to
intentionally do the act. The officer must prove it was for the
specific intent of sexual arousal (“willfully and lewdly”).
Common Trouble Areas:
 The intents for Unlawful Entry, Robbery and Rape are not
specifically worded in the statute. Students will likely need
help in figuring out the necessary intent to prove those crimes.
 On the POST exam, students often struggle recognizing the

difference between the definition of Robbery and Grand theft.
I recommend spending some time comparing and constrasting
those definitions.
 Specifically, students historically miss the difference between

Grand Theft in I.C. 18-2407(1)(b)4. – “taken from the person
of another” and Robbery – specifically by “force.”
o I personally try to teach the difference using the
following equation. Good Pickpocket = Grand Theft
and Bad Pickpocket = Robbery.
o If you feel your pocket being picked this qualifies as
“force” and the likelihood of a violent confrontation
escalates (legislative intent).
 Arson – distinguishing the different degrees based on whether

the building is occupied or not.
 Child Custody Interference – helping them come up with a

formula of recognizing when it is a felony and when it is a

misdemeanor.
 Definition of Murder v. Manslaugher
o Murder is “malice aforethought”

o Manslaughter is “without malice aforethought”

Page 30 & 56-74
Step 2 - INTERROGATION
PPT Slide # 7 Step 01: Use the scenario to review the concepts taught thus far
regarding interrogation and the Miranda Rule. The scenario obviously
includes common factors to determine “custody.”
Refer to Page 30 and pages 56-74 in formulating your questions for a

quick review. Examples may include:
 How long can you detain the suspect in this scenario? (see pg.
30).
 What Amendment is implicated if the questioning unlawfully
lengthens the scope of the stop? (4th Amendment)
 What is the Idaho counterpart to this Amendment? (Article 1,
Section 17)
 What Amendment provides the right to remain silent? (5th
Amendment)
 What are the 4 warnings provided to citizens in reference to
Miranda?
 What are the 3 rules to determine whether the Miranda
warning must be given?
 What is the definition of custody?
 How is this different from a temporary detention?
 What could the officer do in this scenario to change a
temporary detention into custody?
 How can a citizen invoke the right to remain silent?
 When can a citizen invoke the right to remain silent?
 What is the difference between the 5th Amendment right to
counsel and the 6th Amendment right to counsel?
 Can an attorney invoke the driver’s Miranda rights?
 Can a parent invoke their child’s Miranda rights?

Page 76
Step 3 - SEARCH
PPT Slide # 8 Step 01: Using Scenario #4, review the 4 requirements for the 4 th
Amendment to be applicable.
1. Is there a reasonable expectation of privacy.

2. Is there a seizure?
3. Is there a search?
4. Is it the government?
 If the security guard or store employees searched the

suspect’s pockets prior to arrival does the 4th Amendment (and

Exclusionary Rule) apply?
Step 02: Referring to Scenario #3, would the officer have enough to
apply for a search warrant to look for big screen TV and defendant’s
PPT Slide # 9 house?
 What is the burden of proof?

 Why are warrants preferred?
 Do you know how to write a search warrant?
See Instructor Handout – Step 03: The instructor has a couple of options.
Page 214-215 & 217-218
Option #1: Explain that warrants are preferred per the 4th Amendment
PPT Slide # 10 and are based on probable cause. Because the suspect has a
reasonable expectation of privacy in their own person and in their
home, a warrant is preferred. That warrant is based on probable
cause. Then tell students we will learn the requirements to apply for a
search warrant in the report writing stage, where we will also learn the
requirements to apply for an arrest warrant.
Option #2: Explain that warrants are preferred per the 4th Amendment
and are based on probable cause. Because the suspect has a
reasonable expectation of privacy in their own person and in their
home, a warrant is preferred. That warrant is based on probable
cause. Then have the students turns to page 217-218 and use the
Idaho Criminal & Traffic Law Manual to answer the questions on those
pages.
 Note: Many students struggle finding the answer to #10

because it requires jumping around to different statutes.
Likewise, #14 can be difficult. I tell students to skip over
those questions and that we will work on those 2 questions
together as a class.

Page 96-112 Step 04: Explain and classify the exceptions to the search warrant
requirement.
PPT Slide # 11-18
 Using the student handout – pages 96-112, work through the
exceptions to the warrant requirement and fill-in-the-blanks.
 Slide 12: Search Incident to a lawful arrest -- It is important

to stress the scope of the search and the timing of the search.
Also distinguish the differences of the exception based on the
location (i.e. occupant of home vs. occupant of car). Explain
the Gant Rule (pg. 98-99) and give examples and
nonexamples of the 2 rules where a search incident to arrest
of a car occupant can occur.
 Slide 13: Automobile Exception – Focus on the rules,

definition of mobility, the required burden of proof (probable
cause) and where can be searched when compared to search
incident to a lawful arrest.
 Slide 14: Consent – Focus on how consent can be given,

how an officer is not required to give a “consent warning” like
is done with the Miranda Rule, how consent can be limited or
revoked and what kind of authority the consenting party must
have.
 Slide 15: Stop & Frisk – Remind the students we have

covered this exception in early scenarios and it is important to
recognize Stop & Frisk is an exception to the warrant
requirement. Focus particularly on how the burden of proof is
“reasonable suspicion” and this is less than other exceptions
which require “probable cause.”
 Slide 16: Plain View, Feel & Smell – Focus on the criteria and
remind students the difference between plain view and open
view. Point out how exceptions often combine. For example,
the Terry Frisk exception may lead to the Plain Feel exception
applying (focus on how you can’t manipulate the object).
o Note: The picture on the slide is from the movie “The

Rear Window.” In the movie, Jimmy Stewart is
photographer who broke his leg and is at home
recovering. He begins watching his neighbors and
believe he witnessed a murder. He invites the police
over to watch from his window. Would this be plain
view? (Yes, it meets the criteria on pg. 108)
 Slide 17: Exigent Circumstances – Focus on the recent case

law from the U.S. Supreme Court discussing the difference
between hot pursuit of a fleeing felon and a fleeing
misdemeanant, and how this rule applies to entering a
residence.
 Slide 18: Probation/Parole Searches – Focus on when these

are reasonable and the importance of a patrol officer knowing
the language of the probation agreement. For example, if it
says “probationer is subject to searches of his home, vehicle
and person at the request of probation officer or any other law
enforcement officer” then you must ask “please” (“Mother may
I”). If you demand the search then it violates the wording of t
the agreement. This is strange because if you “request” to
search and the probationer says “no” you do not have to
respect the “No.” You are allowed to proceed with the search.
 Slide 19: Community Caretaking – Be sure to distinguish

when community caretaking applies as an exception to the 4 th
Amendment warrant requirement. Many officers use the term
“Community Caretaking” when what they are involved in is a
consensual contact (remember Scenario #2 video example –

officer called it community caretaking but it was a consensual
contact). Explain how community caretaking is usually the
weakest legal argument (hence the “ominous” slide photo).
Recently, the U.S. Supreme Court held that community
caretaking does NOT permit warrantless entry into a home.
See Caniglia v. Strom, 141 S.Ct. 1596 (2021).
PPT Slide # 20 Step 05: Briefly mention things like thermal imaging, wiretapping or
placing GPS trackers on a car without a warrant violate the 4 th
Amendment.
See Instructor Handout – Step 07: Explain examples of when officers conduct what appears to
Page 113-114 be a search, but it is not technically a search under the law.
PPT Slide # 21-27  Slide 22: Vehicle inventories – see pg. 113-114
 Slide 23: Open View – Open Field Searches – Warn students
to watch out for scenarios where an officer seems to be using
trickery to conduct a search, but the 4th Amendment does not
apply because it is Open View. For example, officers could
hide in the bushes in the park to look for drug deals. This is
not a search implicating the 4th Amendment – it is open view.
 Slide 24: Is an example of Plain View which is a search per
the 4th Amendment.
 Slide 25: Abandoned Trash – there is a reasonable
expectation when the trash can is next to the garage, but
once it is taken to the curb it is abandoned and no longer has
a reasonable expectation of privacy.
 Slide 26: A reminder of our backpack scenario where
everyone denied ownership. As long as the officer does not
create the abandonment, this does not implicate the 4th
Amendment.
 Slide 27: Searches conducted by private citizens do not
implicate the 4th Amendment, unless the government has
made the citizen a government agent. (Reminder – Batman
was originally a vigilante and the 4th Amendment did not apply
to his searches and seizures. Once Commissioner Gordon
gave him the “Bat phone” and installed the “Bat Signal” then
Batman became an agent of the state (government actor).

Page 117-125
Step 4 - Arrest or Citation Decision
Step 01: Review what we know about an officer’s authority to arrest

PPT Slide # 28-29 in Idaho and identify the potential arrest issues in Scenario #4.
 Can we arrest the suspect without a warrant? (Do we have a

felony or a misdemeanor? If a misdemeanor, was it committed
in our presence?)

Page 126-128 Step 02: Warrants are preferred – Classify the 4 Types of Warrants
Used in Idaho. Fill-in-the-blanks on page 128 as a class, using the

information and statutes from page 127.
PPT Slide # 30
 Can we arrest the suspect without a warrant? (Do we have a
felony or a misdemeanor? If a misdemeanor, was it committed
in our presence?)

Page 129 Step 03: Classify when an arrest may be made with a warrant inside
a person’s residence for a felony versus a misdemeanor.
PPT Slide # 31

Page 130 Step 04: Recall and discuss the possible consequences of making a
false arrest as outline on page 130.
PPT Slide # 32

Page 131-133 Step 05: Explain when an officer may detain a person with a
detention warrant for the collection of evidence and other custodial
situations that resemble an arrest but do not amount to an arrest.
PPT Slide # 33
 Detention warrants
 Adult Mental Holds
 Juvenile Mental Holds
 Child Protective Custody
 Persons incapacitated due to intoxication

Page 134 Step 06: Recall the 3 rights an arrested person has under the 5 th
Amendment and the 1 Right under the 8th Amendment.
PPT Slide # 32  Right to remain silent (5th)

 Right to an Attorney (5th)
 Right to Counsel (5th)
 Right to reasonable bail (8th)
PPT Slide #35-36

Step 5 - REPORT WRITING STAGE
Step 01: Explain the difference between writing an affidavit for an
arrest and/or search warrant versus a police report.

Page 216 Step 02: Open the Idaho Code book to section 19-507 thru 509 to
fill-in-the-blanks on page 216.
PPT Slide # 37  What is the burden of proof required to obtain an arrest

warrant?

 What are the 7 required contents of an arrest warrant?
 Who may execute (serve) an arrest warrant?

Page 217-218 Step 03: If you did not cover the application for a search warrant
above in Step 3 – Search (Slide #10) – complete it now. If you did,
skip to next slide.
PPT Slide # 38
Explain that warrants are preferred per the 4th Amendment and are
based on probable cause. Because the suspect has a reasonable
expectation of privacy in their own person and in their home, a
warrant is preferred. That warrant is based on probable cause. Then
have the students turns to page 217-218 and use the Idaho Criminal &
Traffic Law Manual to answer the questions on those pages.
 Note: Many students struggle finding the answer to #10

because it requires jumping around to different statutes.
Likewise, #14 can be difficult. I tell students to skip over
those questions and that we will work on those 2 questions
together as a class.

Page 219-221 Step 04: (Optional Activity – if time is available) – Practice Writing an
Affidavit for a Search Warrant. An outline is provided on page 219-
221, followed by an example of an affidavit and search warrant.
PPT Slide # 39-41
 Insert a picture of a home, vehicle, etc… you desire to search.
Show the students the photo and have them write an affidavit
based on the outline and the points discussed in slides 39-40.
 You may decide to bring examples of your own.
Instructor Note: Writing an affidavit has not historically been a skill

taught at the basic academy. Based on State v. Clarke, it is expected
more beginning officers may be required to write arrest and search
warrants earlier in their careers. The purpose of these materials and
optional activity is to introduce them to writing affidavits and is not
meant as developing the entire skill set. It is not a skill that is currentl
tested.
See Instructor Handout – Step 6 - COURTROOM TESTIMONY

Page 196-212
Step 01: Explain to the students we have previously covered
PPT Slide #42
courtroom procedures and procedures of testifying in court. What
remains is learning some of the “Rules of Evidence” when testifying in
court. Based on Scenario #4, consider the types of evidence and
testimony that would be needed to prove the case beyond a
reasonable doubt.

Page 196 Step 02: Recall the definition of evidence and fill-in the

corresponding blanks on page 196.
PPT Slide #43-46
 Simply put – “Evidence” is “proof.” The stronger the proof the
better the evidence.

Page 196 Step 03: Classify the 3 types of evidence an officer may later use in
court.
PPT Slide #47
1. Tangible evidence – aka real evidence or physicalevidence.
2. Testimonial evidence
3. Demonstrative evidence.

Page 196 Step 04: Classify different types of tangible evidence.
PPT Slide #48-57 Tangible evidence is basically anything you can physically touch that is
evidence of the crime.
 Slide 49 – weapons, bullet casings, finger prints, blood

 Slide 50 – documentary evidence
 Slide 51 – A good clue that it is tangible is the numbers placed
beside it.
 Slide 52 – marijuana/drugs
 Slide 53 – toxicology samples, DNA, blood, semen, spit, etc..
 Slide 54 – 911 tape is physical evidence – the words said on it
are not.
 Slide 55 – blood
 Slide 56 – weapons
 Slide 57 -- video of crash (crime)

Page 196 & 206 Step 05: Classify different types of testimonial evidence. Recall the
difference between a lay opinion versus an expert opinion.
PPT Slide #58-60
 Explain testimonial evidence truly isn’t evidence until it is
spoken on the witness stand.
 Slide 59 – Eyewitness or Lay Witness
 Slide 60 – Expert Witness
Refer to the information on page 206. Students must understand the

difference between lay testimony and expert testimony, including how
an expert is allowed to give an opinion that goes to the ultimate issue,
whereas a lay witness may not.
 Provide examples of the difference and how officers may often

be both a lay witness and an expert witness.
Page 196 Step 06: Classify different types of demonstrative evidence and

explain why demonstrative evidence is different from tangible
PPT Slide #61-65 evidence.
Demonstrative evidence can take a variety of forms: models, graphs,

diagrams, charts, drawings, photographs, videos, computer
reconstruction or even a live demonstration. Demonstrative evidence
isn’t of the crime itself, it is something that is used to explain or
illustrate other evidence or issues in the case.
It may be the use of a stop watch to show how long it takes to

strangle someone to death, it coud be demonstrating how fast it would
have taken the defendant to stab the victim 218 times in 120 seconds.
It can be a photograph from google to show the location of the crime
scene, etc…
Instructor Note: Feel free to replace or insert your own examples.
 Slide 62: Is a picture taken of where the traffic stop took

place and field sobriety tests were conducted. It was not
taken at the time of the crime, which occurred at night. The
purpose of the photograph was to show the location was fairly
flat, because it was a mountain town where most streets could
be as steep as San Francisco.
 Slide 63: Is a diagram used in DUI trials showing testimony

on observations made by multiple officers. It helps explain all
of the evidence surrounding the defendant showing guilt.
 Slide 64: Is an example of a crash reconstruction report.
 Slide 65: Is a computer animation of the crash. Note how

this is demonstrative evidence whereas the video of the white
truck running the red light and causing a crash above was
tangible evidence.

Page 198 Step 07: Classify the difference between direct and circumstantial
evidence.
PPT Slide #66-67
Instructor Note: Although the notes on this objective are later in the
handout, I prefer talking about direct and circumstantial evidence
concepts right after the 3 categories/types of evidence.
 Slide 66: Direct evidence proves or disproves a fact without

reference to other evidence. It proves itself. There is no
mental effort to put the puzzle together. Ask the students
what example of direct evidence did they see in the 3
categories of evidence? (A: The only example was the video
of the white truck running the red light and causing a crash.)
 Slide 67: This is the classic “wet paint” and bench example.
Select a student and run them through various examples that

may seem like direct evidence but is actually circumstantial
evidence.
 Students often struggle with this concept. For example, they

think a bloody fingerprint on the murder weapon is direct
evidence the person did it.
 Here is the potential stage of the wet paint example:
o You see a park bench with a wet paint sign. Is this

direct or circumstantial? (A: Circumstantial)
o You see the park pench with the wet paint sign, but
standing next to it is a real celebrity – Colonel Sanders
wearing his white suit, bucket of chicken under his
right arm, and 3 green stripes across the seat of his
pants. Is this direct evidence? (No. He could have
sat on another bench.)
o Ok, you see the park bench, wet paint sign, but this
time the Colonel is sitting on the bench. When he
gets up, there are 3 green stripes across the seat of
his britches. Is it direct now? (No. He still could
have picked up those stripes on another bench.)
o Students should realize they need to see the Colonel’s
derriere without green stripes, watch him sit down,
not lose sight of him and then stand up with green
stripes across his britches. (Now it is direct – no
mental puzzle needed to put the facts together.)
 It is recommended you give a few more examples of

direct versus circumstantial evidence. Ask the students to
give you some examples to ensure they have grasped the
concept.

Page 196-197 Step 08: Explain admissibility and the 3 tests to determine
admissibility.
PPT Slide #68-75
Evidence is not evidence unless the judge allows it into court and the
jury weighs the evidence and accepts it as fact.
 Slide 68-69: Ask what all evidence must be? Answer -

Admissible
 Slide 70: Define what admissible means.
 Slide 71-74: What are the 3 tests (define and explain

what each test means.)
 Slide 75: Must have all 3.

Page 199 Step 09: Explain the concepts of corroboration, authentication and

chain of custody as found on page 199.
PPT Slide #76

Page 200-201 Step 10: Predict some common objections an officer might encounter
while testifying.
PPT Slide #77
Instructor Note: Students are not expected to memorize the
definitions of the objections on page 201. However, they should be
familiar with the objections and recognize the titles of objections in a
multiple-choice format.

Page 202-203 Step 11: Recall the definition of hearsay and classify examples and
non-examples of hearsay.
PPT Slide #78
Instructor Note: Review and discuss the materials found on page 202-
203. The students are not expected to understand hearsay to the
level of an attorney, but they should memorize the definition and
understand the reasoning behind hearsay. They also need to know
the statements of defendants and co-defendants are non-hearsay and
the reasoning why they are not.
Examples of types of questions they may see on a test involves

whether a statement made is hearsay. For example:
 The officer said, “Linus told me Lucy pulled the football away
from Charlie Brown.” (Hearsay – we want Linus to testify
about it.)
 Charlie Brown told the officer Lucy pulled the football away
from him. (Hearsay – again we want Charlie Brown to come
and testify about this. He is best person to cross-examine)
 Lucy told the officer she pulled the football away from Charlie
Brown. (Non-hearsay – this is a confession and at any
moment Lucy can waive her 5th Amendment and take the
stand).
Step 12: Explain the common exceptions to the hearsay rule on the
bottom of page 203. (The students do not need to memorize the
definitions of these exceptions or understand when to apply them, but
should be able to recognize the names of the exceptions if they were
to see them in a multiple choice question.)

Page 204 Step 13: Classify examples and non-examples of impeachment.
PPT Slide #79

Page 204-205 Step 14: Explain the general rule regarding character evidence and
the difference between when and when an officer is not able to testify

PPT Slide #80 about prior bad acts.

Page 206 Step 15: Explain what an officer should do when they do not
remember or do not know the answer to a question. Explain the
PPT Slide #80 difference between the answers “I don’t know” and “I don’t
remember.”
Demonstrate to the students how to handle either situation and

explain that both are acceptable answers.
Step 7 - “OTHER” MATERIALS

PPT Slide #82
Step 01: Wrap up Scenario #4 and determine if students have any
questions regarding this scenario and the new information they have
learned and/or the skills they have developed.
 Ask what the students learned that they did not know about
the legal process.
 Ask for feedback regarding what they found the most helpful
during the classroom portion.
 Ask what else they may need to be successful.
 Encourage them to continue to review the materials, join
study groups and be consumers of the law even after leaving
the academy.
 Reinforce why learning the law matters and the benefit of
being an officer who understands the rule of law and how to
apply it.
This concludes the Legal Process for the Patrol Officer.
You are responsible for all the materials in the workbook as

outlined in the Student Study Guide. All materials in the
outline will be fair game on the weekly test scheduled for
_________________ and all legal materials will be tested on
POST’s first block test.

Patrol LP Scenario04 July2021

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POST

Course: POST Patrol Academy

Topic: The Legal Process – Scenario 04

Revision Date: July 1, 2021

1. Classify the 3 types of officer-citizen encounters. (Concepts)

2. Explain how the 4th Amendment is applied to each type of officer-

3. Recall the protections guaranteed by the 4th Amendment to the

4. Recall the protections guaranteed by Article 1, Section 17 of the

5. Recall the definitions for the following burdens of proof. (Facts)

6. Explain the legal burden of proof for the 3 types of officer-citizen

POST Detention Academy – Search & Seizure in Detention Facility 1

7. Classify examples and non-examples of seizures. (Concepts)

8. Determine the length of detention and scope of intrusion.

9. Explain the difference between (a) a frisk during a seizure; and

10. Recall 8 common factors supporting a frisk. (Facts)

11. Perform the steps to determine applicability of the 4th Amendment

12. Explain the difference between a detention and arrest.

1. Explain how the 5th Amendment is applied to each type of officer-

2. Classify examples and non-examples of instances in which a

3. Recall the Landmark Case decisions regarding the applicability of

4. Recall the 4 warnings provided to citizens in reference to Miranda

5. Recall the 3 rules to determine applicability of the 5th Amendment

6. Perform the 3 rules to determine applicability of Miranda in

8. Explain when a citizen can invoke the right to remain silent.

9. Explain how an officer may use written, audio and video

10. Based on the timing of your questioning, determine if you have

POST Detention Academy – Search & Seizure in Detention Facility 2

1. Recall the protections guaranteed by the 4th Amendment to the

2. Recall the protections guaranteed by Article 1, Section 17 of the

3. Explain why the Idaho Constitution can provide greater

4. Recall the Landmark Case decisions regarding the applicability of

5. Classify examples and non-examples of searches. (Concepts)

6. Recall the 4 questions to determine applicability of the 4 th

7. Classify examples and non-examples of situations in which a

8. Classify exceptions to the warrant requirement. (Concepts)

9. Perform the steps to determine applicability of the 4th Amendment

1. Recall the definition of crime per the Idaho Code. (Facts)

2. Recall the definitions for felony, misdemeanor and infraction.

POST Detention Academy – Search & Seizure in Detention Facility 3

4. Classify the difference between a principal, accomplice, aider or

5. Recall the 5 basic elements of a crime. (Facts)

6. Use the Idaho Code to predict whether a citizen has violated a

7. Use the Idaho Code to predict whether a citizen has violated a

8. Recall the definition of arrest as found in Idaho Code 19-601.

9. Recall the statutes in Idaho Code providing the authority to

10. Classify the circumstances when an officer may make an arrest

12. Recall the statute of limitations for misdemeanors. (Facts)

13. Recall the statute of limitations for ‘general’ felonies. (Facts)

14. Recall the criminal offenses in which there is no statute of

15. Explain what happens to the statute of limitations when the

17. Predict when an arrest may not be made on out-of-state

POST Detention Academy – Search & Seizure in Detention Facility 4

19. Classify when an arrest may be made with a warrant inside a

20. Classify when an arrest may be made with a warrant inside a

21. Explain when arrests may be made on felonies and misdemeanors

22. Recall the possible consequences of making a false arrest. (Facts)

23. Explain when an officer may detain a person with a detention

25. Recall the 3 rights an arrested person has under the 5 th

26. Perform an arrest and apply Miranda warnings correctly.

STEP 5 -- Report Writing

1. Recall the definition of evidence. (Facts)

2. Classify the three types of evidence an officer may later use in

POST Detention Academy – Search & Seizure in Detention Facility 5

3. Classify the difference between direct evidence vs. circumstantial