POST

Course: POST Patrol Academy

Topic: The Legal Process – Scenario 03

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

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 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)

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 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)

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 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)

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 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)

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 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)

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 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))

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 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

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 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
• Laws of Arrest – Pages 122-125
• 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

• Laws of Arrest – Pages 126-134
• 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

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 Day 2-3
See Instructor Handout &
Student Study Guide
SCENARIO #3
Remind the cadets of the 7-step legal process that helped us
Scenario 02 – Officer- navigate our first 2 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 # 2-3 Step 02: Set the stage for Scenario #3 – explaining you have
confidence the students are ready to “Choose their Own Adventure.”

Scenario #3:

Minding your own business, like cops do, you notice the car in front of
you on the roadway has the audacity to have a DARE bumper sticker.
Thinking it might be a cover up to drug trafficking, you would like to
speak with the driver. It is very difficult to have a consensual
encounter at 75 mph. Therefore, you turn to that big ball of fat in
your skull to determine if any traffic laws are being violated.

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 Version of

Step 1 - Seizure
“Traffic Law: Know Thy
Step 01: As described in the scenario, a consensual encounter is out
Chapters Handout”
of the question. Review what are the 3 types of officer-citizen
PPT Slide # 4-6 encounters and corresponding burdens of proof?

 Voluntary/Consensual Encounter = No 4th Amendment

 Temporary Detention = Reasonable Suspicion
 Arrest = Probable Cause

POST Detention Academy – Search & Seizure in Detention Facility 10

 What is the definition of reasonable suspicion?

What is the definition of probable cause?

Step 02: Provide the students with a copy of the “Traffic Law
Handout: Know the Chapter.”

Step 03: Help the students learn the skill of using the “Idaho
Criminal & Traffic Law Manual” to find the answers in the “Traffic Law
Handout.”

 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 circumstances.

 Explain that the students will be able to use an Idaho Code

Book in the POST tests to answer these types of questions.

 The students should find the correct chapter and section

within Title 49 to stop and/or cite the potential violator.

 Students should learn how to correctly write the code –

Explain this is part of the Report Writing step of the legal
process.

Instructor Note: Allow the students to work in pairs or groups of 3,

but remind them when working in groups it is more important they
help their fellow officer learn how to find the code rather than give the
correct answer. From experience, this needs to be emphasized
multiple times during this exercise. Many students think that writing
down the correct answer is the goal of the exercise and it is not.

The goal of this exercise is learning how to find the law with the Idaho
statutes. In Scenario #4 we will expand on this skill and begin
learning how to read and apply the Idaho Code.

Step 04: Provide the students 50 minutes to work on this exercise.

Instructor Note: Many students will not finish, which is fine. They can
use the handout as practice. It is important you walk around the
classroom and monitor the students applying the skills of finding the
statutes. Help guide them and be sure by the end of the hour, all
students have a basic understanding of what they should be
practicing.

See Instructor Handout –

Page 30 & 56-74
Step 2 - INTERROGATION

PPT Slide # 7 Step 01: Use the scenario to review the concepts taught thus far
regarding the types of questions an officer may ask and the timing of
the questioning in order to not violate the 4th or 5th Amendments to
the U.S. Constitution and Article 1, Section 17 of the Idaho
Constitution. Refer to Page 30 and pages 56-74 in formulating your

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 questions for a quick review. Examples may include:

 How long can you detain the driver 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?

See Instructor Handout –

Page 76
Step 3 - SEARCH

PPT Slide # 8 Step 01: Explain we are using Scenario #3 to reinforce the basic
principles of search & seizure.

Officers love bright-line rules. Most of us have the personality of, “Tell
me the rule and I will follow it.”

However, there is probably no area of law that is as elusive or

changing as the area of search & seizure.

See Instructor Handout – Step 02: Compare applying Search & Seizure principles to the
Page 77 “Mystery of the Dead Cat” – See page 77 for the connection or find
your own example to teach the students the importance of “Context”
PPT Slide # 9-12 (a.k.a. totality of the circumstances) in the area of search and seizure.

Instructor Note: The “Mystery of the Dead Cat” was used by a

geology professor to teach Apollo 15 astronauts how to find a specific
rock on the Moon. The following exchange was used in the HBO
miniseries “From the Earth to the Moon” (1998)

It was May, 1970 in Orocopia Mountains, California. Apollo 15

astronauts David Scott and James Irwin and their backups Richard
Gordon and Harrison "Jack" Schmitt were in a field trip led by Caltech
geology professor Lee Silver. Jack Schmitt was the only geologist
among the astronauts. (He would later walk on the moon in Apollo
17.)

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 Silver: Let me put it this way, doing field geology is like solving the
mystery of the dead cat. If you bring me a dead cat, all I can tell you
is that it's dead, and it was a cat. But if you hand me a dead cat, and
you tell me you found it in the middle of the road... Ha! What killed it?
Scott: A car?
Irwin: A truck?
Gordon: Heat exhaustion?
Silver: Now you're getting it. O.K. You find the dead cat in the kitchen
of your favorite restaurant. What killed it?
Scott: The chef?
Silver: What are we talking about here, Jack?
Schmitt: Context.
Scott: Context?
Silver: Context. The difference between a road kill and a meal.

Slide #10: I mimic the above exchange but use it in the context of
solving the murder of the dead cat. (Be sensitive to students who may
be offended by using a cat who suffered such a demise, and this is
being used as an example to help them remember an important
principle.)

Most students will agree that if they found a cat, dead in the middle of
the road, that “more likely than not” a car killed it. I point out this is
the definition of “preponderance of the evidence and is a higher
burden than “probable cause.”

I ask, “why?” They will often explain it is because of the location and
also from their experience.

(Transition to Slide #11)

This can lead to a good discussion of the burdens of proof required to

seize versus the burdens of proof required to search.

I then change the scenario and ask if it would change their mind if
they walked up to the cat and saw skid marks before the cat or tire
tread marks on the cat. The students will respond that they are even
more sure a car killed the cat.

I ask would it change their mind if upon closer inspection they found a
small bullet wound behind the ear of the cat. Now what killed the cat?
Was it hit by a car and wounded and then shot? Or was it shot and
while running away from the murderer, stuck by a car when it ran out
into the roadway trying to get away?

The answer is now it may be a 50-50 situation – which is no longer

“more likely than not.”

Slide 12 – You change what is surrounding the cat at the crime scene
and it provides a different picture. What are we talking about here??
CONTEXT!

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 It is important in the area of search and seizure to recognize
there are very few bright line rules. Context matters! At the
beginning of a scenario it may be a consensual encounter and
all of the sudden the context can change and it becomes a de
facto arrest or a temporary detention.

You can begin an investigation and have probable cause to search and
then something happens where you no longer have probable cause.

We have already seen this example in the area of seizure on a traffic

stop – the timing and type of your questioning can change a
temporary detention to a de facto arrest.

See Instructor Handout – Step 02: Review the history of the 4th Amendment, which was first
Page 78-81 explained in the pre-academy and then reviewed on Day 1 of the Legal
Process instruction. (See instructor handout pgs. 78-81).
PPT Slide # 13-25
Important principles to remember that will also be tested include:

 Concept of probable cause is found in the 4th Amendment but

is not defined within the Constitution. We have to use case
law for our definition.
 Article 1, Section 17 is the counterpart to the 4th Amendment.
Students must memorize these numbers to recognize them in
multiple choice questions.
 Article 1, Section 17 can provide greater protection from
governmental intrusion but cannot be less protective.
o Slides 15-16 show a sobriety checkpoint. They are
allowed as a public safety exception to the 4th
Amendment requirement for warrants, but in Idaho
they are not allowed as the Idaho Supreme Court
says it violates Article 1, Section 17.
o State v. Clarke is another good example wherein the
Idaho Supreme Court has said Article 1, Section 17
does not allow an officer to arrest for misdemeanors
not committed in the officer’s presence.
 The Exclusionary Rule only applies when the 4th, 5th or 6th
Amendment (and similar provisions in Idaho Constitution) are
violated.
 Review the 3 exceptions to the Exclusionary Rule – again this
was covered pre-academy, but most students have forgotten
about these rules. As an instructor, remember “learning is
forgetting,” and this is now the opportunity to help imbed
previously learned knowledge into long term memory.
o Provide an example where the independent source
doctrine applies.
o Provide an example of where inevitable discovery
applies.
o Provide an example of where good faith works in
federal criminal cases in Idaho, but remind them that
good faith is not recognized in our state cases.
o May want to introduce the concept of impeachment

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 and how although a statement may be suppressed, it
doesn’t allow the defense to place a witness on the
stand and lie.
 For example, I use the Nix v. Williams case
where the confession was suppressed. The
defendant would not be able to take the
witness stand and claim, “I never saw that girl
in my entire life.”
o Review the definition of “Standing.”

See Instructor Handout –

Page 82 Step 03: Recall the 4 requirements to determine if the 4th
Amendment even applies.
PPT Slide # 26-30
1. Is there a reasonable expectation of privacy?
2. Was there a seizure?
3. Was there a search?
4. Was it the government?

If the answer is yes to 1-4 or 1,2 and 4 or 1,3 and 4, then the 4 th
Amendment applies.

See Instructor Handout –

Page 83-86 Step 04: Divide the class into groups no larger than 5 and assign
each group a scenario from pgs. 83-86. Give the groups 10-15
PPT Slide # 31 minutes to discuss the scenario.

The goal of the scenario is to determine if the 4 th Amendment

applies, and if so, the exact moment the 4th Amendment is
applicable in the scenario. Remind the students of the “Mystery of
the Dead Cat” (the importance of context) as they answer the 4
questions in the scenario it is not a “one and done” answer. They
must continually ask those 4 questions throughout the scenarios.
They need to think of the entire context.

It is not necessary to assign all 8 scenarios. They are provided in order

to keep the groups to 5 or less.

Stress the importance of practicing the exact moment each answer

applies. For example, it might not be important in the scenario of
when a seizure first occurs, but it may be important in other scenarios.
Therefore, we want them to practice identifying that moment in each
scenario.

Instructor Example: I had a case where a deputy, minding his own

business, like cops do, decide to take a late-night drive to the top of
“Fort Hall Mine Road” on a Friday. As you might guess, at the top of
the road is the abandoned Fort Hall Mine. What might you expect to
find at an abandoned mine on a Friday night? (A: teenagers partying)

Before the officer reached the top, a car came the opposite direction

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 and as it passed by, the deputy could see younger looking humans
occupying the car. He turned around and followed them down the
mountain. The driver never violated a traffic law and the deputy saw
no equipment violations. The deputy followed the car to the bottom of
the road, where a gas station was located. The gas station was closed,
but there were vending machines at the front of the convenience
store. The teenagers parked up front and the driver and passengers
exited the vehicle. The deputy did not activate his overhead lights. He
parked to the right of the car and left a parking space between the
vehicles. The driver was walking towards the vending machine when
the deputy got out of his patrol car and said, “HEY, I WOULD LIKE TO
TALK TO YOU.” (His verbal tone was very loud and came across as
aggressive). The deputy said after he said that he looked over and
could see, because the doors of the car were left open, a marijuana
pipe on the back floor behind the driver’s seat. The deputy then said
pointing to the door, “Nice pipe, who’s is it?” The driver, dropping his
head, said, “Mine.”

Does the 4th Amendment apply?

1. Is there a reasonable expectation of privacy?

 No reasonable expectation of privacy in the gas station

parking lot. Even though it is closed and after hours, the
vending machines seem to imply an invitation for the public to
enter the parking lot. Even if there was a reasonable
expectation of privacy in the parking lot, the teenagers would
not have standing.

 There is a reasonable expectation of privacy in the car.

 There is a reasonable expectation of privacy in teenagers’

persons, their bags, their pockets, etc….

2. Was there a seizure?

 Reinforce the important inquiry – “Would a reasonable person

have felt free to leave or deny the officer’s request.”

 Discuss the totality of the circumstances both pro and con to

the question

o marked police car, full uniform, wearing a gun,

immediately did a u-turn and followed them for quite
a distance, parked next to them, verbal tone

o Never activated blue lights, didn’t park directly behind

them or park where it was blocking the exits of the
gas station, words he said were not a demand, only
one deputy, did not touch anyone or display weapons

 Reinforce the “reasonable person” definition. It does not

matter if the teenagers say they felt seized when the officer

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 executed the u-turn, it doesn’t matter the officer felt he never
seized anyone. The inquiry is whether a reasonable person
would have felt seized.
 My opinion is the exact moment a reasonable person would
have felt seized is when the deputy said, “HEY I WOULD LIKE
TO TALK TO YOU.”

 Remember the goal is to determine if the 4th Amendment

applies, so wait until the other question are answered before
discussing whether it was an unlawful seizure. Because if it
wasn’t a government actor, then the 4th Amendment is not
applicable.

3. Was there a search?

 The officer did not enter the car, but he did look inside the
car. Search is looking.

4. Was it the government?

 Obviously, he is a government actor. The deputy was on-duty

in a marked patrol car, wearing his full uniform and all the
badges and equipment that go with his uniform.

Wrap-up:

Because the answer is yes to all 4 questions, the 4th Amendment does
apply. Now we can discuss whether the seizure was lawful and
whether the search was lawful. Did the officer have reasonable
suspicion to temporarily detain the driver at the moment he said,
“HEY, I WOULD LIKE TO TALK TO YOU?”

My answer would be, “No.” This is where the timing gets very
important. If the deputy had seen the pipe first, then he would have
reasonable suspicion, but because he had not, the driver’s confession
to owning the pipe was suppressed.

What about the search? The search was lawful under the plain view
exception. The door was left open, the deputy had a legal right to
stand in the gas station parking lot and could see the pipe from that
legal position. The problem is proving the pipe belonged to the driver
where there were 3 other teenagers leaving the backseat of the
vehicle.

Step 05: After the 10-15-minute small group discussion, have each
group present their scenario to the entire class.

Instructor Note: It is my recommendation you help guide the student

presentations by asking probing questions. Later you can point out
your questions were providing them practice in courtroom testimony.
Save your opinion on the “right answer” or “probably the right answer”
until at least the first 4 scenarios are discussed by the entire class. In
my experience, this leads to a more thoughtful discussion and I am

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 able to better gauge where each student is at with their knowledge of
the principles.

Also, based on how long the discussion is going – you may save some
of the scenarios to discuss at a later time.

If you have any questions regarding the scenarios, you can contact
Jared Olson by email at jared.olson@post.idaho.gov.

See Instructor Handout – Step 07: Wrap Up of All Scenarios – Briefly discuss the learning
Page 87-95 principles and the importance of first determining if the 4th
Amendment even applies. If it does not apply, an officer does not
PPT Slide # 32-37 need to worry about things such as warrants, exceptions to the
warrant requirement or the exclusionary rule.

For example, I have been surprised how many students in Scenario #3

believe the evidence will be suppressed under the exclusionary rule.
They will get hung up on the evidence being obtained illegally by
“Mom.” However, I point out that the government uses evidence
turned over by thieves and criminals in many cases. The chain of
custody might be difficult, but this does not implicate suppression via
the exclusionary rule.

Review the 6 factors on page 87 and have the students fill-in-the-

blanks. They did this exercise earlier in the “Terry Stop & Frisk”
portion of the handout. The point of doing this again is to emphasize
there is not always a bright-line rule or answer. However, these 6
common factors cited by courts helps guide us in determining whether
or not a person has been lawfully seized. Many other factors could be
considered by the court when looking at the totality of the
circumstances. The key is to place all of the factors into context.

Taking into account all of the surrounding circumstances, the critical

inquiry when determining whether a seizure has occurred is whether a
reasonable person would have felt free to disregard the police, decline
the officer’s request, or otherwise terminate the encounter.

Pages 88-95 are for the students to read and review to help recall the
principles discussed thus far in the pre-academy and in class.

See Instructor Handout –

Page 122-125
Step 4 - Arrest or Citation Decision

Step 01: (Slide 39) Returning to our “Choose Your Own Adventure”
PPT Slide # 38-39 Scenario – What if a named citizen had reported the driver with the
DARE sticker as driving recklessly, but you did not personally witness
the reckless driving. Could you make the traffic stop? What about the
arrest?

Before leaving our search & seizure scenarios – what if Mom decided
to conduct a citizen’s arrest rather than take the green leafy substance
she found in your underwear drawer to the police. Could Mom do this?

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 Step 02: (Slide 40) Returning to our “Choose Your Own
Adventure” Scenario – change up the scenario to cover the
information in pages 122-125 of the student handout. You can use
your own scenarios or use the examples below:

1. You found a traffic violation to legally stop the car, and sure
enough the driver is not fully committed to dare as there is
literally a smoking joint in the driver’s hand. How long do you
have to convince the prosecutor to make the charging decision
for possession of the joint? What if you find a whole duffle
bag of the green leafy substance in the trunk – how long
before the statute of limitations would apply?

2. You found a traffic violation to legally stop the car. When

asked, the driver says there are no drugs in the vehicle and
consents to a search. The driver was telling the truth – no
drugs, but there is a severed head in the trunk. How about
the statute of limitations if it was premeditated murder? What
if voluntary manslaughter? What if it was involuntary
manslaughter?

3. What if your suspicions were confirmed and the driver was

trafficking drugs, but there was a paperwork issue where the
felony charges were not filed and the driver bonded and left
Idaho. What happens to the statute of limitations now?

4. You found a traffic violation to legally stop the car, but as you
walk up to the car, you observe the driver toss a beer can into
the back seat. In identifying the driver, you learn he is one of
our U.S. Senators. Can you arrest him for the open container?
Why or why not?

5. You found a traffic violation to legally stop the car, you

identify the driver as an Idaho congresswoman saying she is
one her way to the statehouse to conduct legislative business.
The problem is she is not the registered owner of the motor
vehicle, and dispatch responds the car is reported stolen.

6. You found a traffic violation to legally stop the car, but your
verbal judo results in discovery of trafficking amounts of
cocaine, but the driver is on his way to California under
subpoena to testify in a criminal trial.

7. The driver has a warrant for failure to pay child support, but
he has been summoned to the base for active duty in the
National Guard.

PPT Slide #41-42

Step 5 - REPORT WRITING STAGE
Step 01: Explain the importance of report writing to this scenario.
What does the officer need to document in this scenario?

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 A law enforcement report is a document that tells everyone what
happened. It will be used numerous times by officers, the prosecutor,
the defense attorney, the judge and the probation officer. The more
thorough and accurate the report, the better it is for everyone.

Everyone who reviews this report will form an opinion about the case
itself and the integrity, professionalism and credibility of the officer
who wrote it. The more accurate the report, the fewer reasons to
have a pre-trial hearings or even a trial. In other words, a detailed
report can save time and effort and will play a crucial role in obtaining
a just resolution.

Instructor Note: This discussion does not need to last very long, but it
is important to remind the students the different stages of the legal
process to help them in learning and remembering what has been
taught.

You may want to quickly review the Goals of Report Writing:

1. First, you need to prove the elements of your offense and you
have to meet your correct burden of proof.

2. Second, you have a legal discovery obligation. You must

provide to the defendant both inculpatory and exculpatory
evidence.

3. Third, your report is meant to refresh your memory prior to

testifying in court. You do not get to read your report on the
witness stand. In addition, the prosecutor does not know
what questions to ask if the information has not been
recorded.

4. Finally, good documentation will protect you from claims of

wrongdoing.

See Instructor Handout – Step 6 - COURTROOM TESTIMONY

Page 190-195
Step 01: Recall the prior discussion of the responsibilities of the
PPT Slide #43
various courts and ask which court a misdemeanor case would be filed
and which court a felony would be filed.

See Instructor Handout –

Page 190 Step 02: Explain how a misdemeanor and/or a felony would proceed
through the Idaho Court system from arrest through trial.
PPT Slide #44
Instructor Note: Slide 43 is a generic flowchart for criminal cases and
is very busy. It is meant simply as a visual aid and not meant for you
to instruct on each branch in the picture.

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 The goal is to briefly expose the cadets to what parts of the court
process they will be involved in and what their expected role is.

PPT Slide #45 Step 03: Explain the discovery process and the importance of officers
providing a detailed report and an accounting of all evidence collected.

“Discovery” is a process that affords both the prosecution and the

defense an opportunity to exchange information about the case in
question. The Idaho Supreme Court governs the specific requirements
for disclosure and the types of items that must be disclosed. The
process of discovery must be completed well before trial.

PPT Slide #46 Step 04: Explain the significance of exculpatory evidence.

Exculpatory Evidence includes all evidence that tends to negate the

guilt of the defendant or tends to reduce the punishment for the
crime. It has also been interpreted as anything that detracts from the
credibility of one of the prosecution’s witnesses, such as a prior felony
conviction.

The prosecuting attorney is deemed to know of all exculpatory

evidence known to the investigating officer even if not actually
disclosed by the officer to the prosecutor. For instance, if an officer at
the scene of a crime discovers a piece of evidence that could be
interpreted as exculpatory and fails to include it in his report, the
prosecuting attorney is still held responsible for the officer’s knowledge
of the evidence, though the prosecutor might not be aware of its
existence. Law enforcement officers are responsible for
disclosing information to the prosecution. Prosecutors are responsible
for presenting that information to the defense.

Failure to reveal exculpatory evidence can create serious problems for

the state’s case, including the barring of that evidence for use at trial
by the prosecution, an overturned conviction, or the dismissal of the
case. It may also lead to the prosecutor losing their law license and
could possibly lead to other sanctions by the court.

See Instructor Handout –

Page 191 Step 05: Classify the difference between a grand jury hearing and a
preliminary hearing. Refer to page 191.
PPT Slide #47
 Explain a grand jury hearing is guaranteed in federal criminal
cases per the 5th Amendment, but this guarantee has never
been incorporated (14th Amendment) by the U.S. Supreme
Court. Therefore, states are able to use preliminary hearings.

 Explain who is at a preliminary hearing versus a grand jury

hearing.

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 o Preliminary Hearing: Judge, court clerk (who also acts
as court reporter by audio recording the hearing),
bailiff, prosecutor, witnesses, defendant, defense
attorney and the public (including media).

o Grand Jury: Jurors, prosecutor, court reporter, and

witnesses. There are no judges, clerks or other court
personnel. There is no defendant, therefore no
defense attorney.

 Detractors may argue the secrecy of the hearing leads to

impropriety by the government. Therefore, it is important to
understand why it is in the Constitution, where the purpose is
to protect the people from the government.

o Protects the privacy and reputation of the defendant

who may not even know he or she is being accused of
a crime.
o Ensures the “jury comprised of peers” by reducing the
likelihood of pre-trial publicity requiring a “change of
venue.”

 The prosecutor may decide to use the grand jury rather than a
preliminary hearing to protect witnesses, such as victims or
confidential informants.

See Instructor Handout –

Page 193-194 Step 06: Classify the difference between a jury trial versus a bench
trial, including who is the fact-finder in each.
PPT Slide #48
 In Idaho, both the prosecution and defense must waive the
right to trial by jury.

 In a bench trial the judge is both the fact-finder and the

referee.

 In a jury trial the jurors are the fact-finders and the judge is
the referee.

Step 07: Recall the burdens of proof at trial.

 In criminal trials (both misdemeanor and felonies) the burden

of proof is “Beyond a reasonable Doubt.”

 Even though an infraction is a “civil public offense” and there

is no right to a jury trial in infraction cases, it otherwise
follows the rules of criminal procedure and the burden of proof
is still “Beyond a reasonable doubt.

 In other civil trials the burden of proof is “Preponderance of

the Evidence.”

POST Detention Academy – Search & Seizure in Detention Facility 22

 See Instructor Handout – Step 08: Explain the roles and responsibilities of court personnel.
Page 195
The courtroom is made up of people with various roles, having specific
PPT Slide #49-58 responsibilities, which are meant to ensure a criminal justice system
that is fair and just. To best perform your role as a witness it is crucial
to understand the role of everyone else within the courtroom.

 Slide 49: The jury is made up of ordinary citizens. Their role

is that of a fact-finder. The juror’s responsibility is to
individually consider all the evidence in an unbiased way, and
render a verdict for one side or the other. The jury’s decision
must be unanimous as a group – the jurors must all decide
whether the defendant is “guilty” or “not guilty.” If it is not
unanimous it is called a “hung jury” and a new trial with a new
jury is required.

Fill-in-the-blanks at bottom of pg. 195 (students will

be tested on this)
o How many jurors in a felony case? (12)
o How many jurors in a misdemeanor case? (6)
o How many jurors required to find “guilty”? (All)
o How many jurors required to find “not guilty”? (all)
o How many jurors required to “hang” a jury? (1)

 Slide 50: The judge presides over the administration of the

trial and rules on legal issues. As discussed previously, the
judge may be the “fact-finder” in a bench trial, but at a jury
trial the judge presides over the proceedings to see that order
is maintained and the legal rules and laws are followed. The
judge will give the jury instructions about the law that applies
to the case and the standards the jury must use in deciding
the case.

 Slide 51: The clerk is responsible for swearing in witnesses,

keeps minutes of the proceedings and takes care of records,
exhibits, evidence and court documents needed during the
course of a hearing or trial.

 Slide 52: Witnesses give testimony about the facts in the

case that are in dispute. As witnesses, officers must be
dedicated to making the criminal trial a procedure for the
ascertainment of the truth. It is not your role to be an
advocate nor that of an adversary. The sole obligation of the
witness is to tell the truth, the whole truth and nothing but the
truth.

 Slide 53-54: The prosecutor has sole discretion in charging

a person with a crime. (This is often missed on the POST
exam. It is not the officer, nor the judge who has sole
discretion in charging. It is the prosecutor!) It is the
prosecutor’s responsibility and burden to present evidence and
prove the case beyond a reasonable doubt.

POST Detention Academy – Search & Seizure in Detention Facility 23

 The prosecutor’s client is society. A prosecutor’s client is
really not the government, not the victim, nor you as a law
enforcement witness. Because the prosecutor’s client is
society, the defendant is being represented by the prosecutor
just as much as the victim, officer and other witnesses. The
prosecutor’s duty is to act with fairness with the sole and
unadulterated objective to establish the whole truth in
accordance with the law.

 Slide 55-56: The defense attorney represents the defendant

and is his or her zealous advocate. A defense attorney’s duty
is to ensure all rights afforded to the accused are upheld
throughout the criminal justice process. Defense counsel has
no comparable obligation to ascertain or present the truth.
Defense counsel also has no obligation to present evidence.

 Slide 57: The bailiff (or court marshall) is responsible for

providing security and maintaining order in the court. The
bailiff will also announce the judge and escort witnesses and
jurors into and out of the courtroom. The bailiff usually takes
care of the members of the jury, ensuring they can move from
place to place within the courthouse, helps with ordering food,
and acts as a courier if the jury has questions to ask the judge
during deliberation.

 Slide 58: The court reporter sits near the witness stand and
makes an accurate record of everything said or introduced into
evidence on a stenographic machine or other recording
device. The court reporter may produce a sworn, written
transcript of the proceeding if either party appeals the case or
requests a transcript to review.

See Instructor Handout –

Page 195 Step 09: Explain the stages of a criminal trial.

PPT Slide #59-71 Instructor Note: The purpose of this objective is to give the students a
basic overview of the trial process and how they fit within the trial.
Please tell the students the DO NOT need to memorize the 12 stages
as they will not be tested on it. (They will be tested on the jury
information at bottom of pg. 195).

You may choose to show small video clips or tell a story of a trial you
have participated in to illustrate the stages.

Step 7 - “OTHER” MATERIALS

PPT Slide #72
Step 01: Wrap up Scenario #3 and determine if students have any
questions regarding this scenario and the new information they have
learned and/or the skills they have developed.

For now, take a moment to celebrate completing the second

POST Detention Academy – Search & Seizure in Detention Facility 24

 scenario in the 7-step legal process. We are ready to move on
to Scenario #4 and start the whole process over again,
building on the foundation we have now established.

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
_________________.

POST Detention Academy – Search & Seizure in Detention Facility 25