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Search Warrants for Tribal Law
Enforcement Officers



The Fourth Amendment to the U.S. Constitution places limitations on the power of tribal law enforcement officers to make arrests, search people and their property and seize objects, documents and contraband (such as illegal drugs or weapons). This important constitutional provision guarantees that citizens can expect their property to be free from unreasonable and arbitrary searches by state or governmental agencies. These limitations are the bedrock of “search and seizure laws.”

Search and seizure law is constantly in flux and so complicated that entire books are devoted to it. It goes without saying that tribal law enforcement officers have a duty to stay up-to-date with search and seizure laws to avoid violating the most basic rights under constitutional law.

This two-day class will give you the information that you need to have confidence in your knowledge on this important topic. Register today.


T O P I C S   I N C L U D E
Introduction
  • What is a search warrant?
Obtaining a Search Warrant
  • How police officers obtain search warrants
  • Information needed to establish that “probable cause” for a search warrant exists
Definitions
  • Warrantless and Consent Searches
  • The Plain View Doctrine
  • Warrantless Searches that are Incident to Arrest
  • Stop and Frisk Searches
Jurisdiction
  • Law – Statutes – Ordinances
  • P.L. 280
  • Cross-deputization
Questions: Searching
  • If the police have a warrant to search a backyard for marijuana plants, can they also search inside the house?
  • If the police have a warrant to search an individual, is it legal for them to search an individual’s visiting friend, as well?
Questions: Traffic Violations and Searching
  • Can the police search an individual or his/her car because he/she was given a traffic ticket?
  • Can the police order drivers and passengers out of cars that are stopped for traffic violations?
  • If the police have probable cause to search a car, do they have to obtain a search warrant first?
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