NCJ Number
99322
Date Published
1985
Length
31 pages
Annotation
This handbook for police instruction on legal issues focuses on the legal aspects of an airport drug search (Moya v. United States, 761 F2d 322) and police procedures for dealing with incidents of domestic violence.
Abstract
The airport search, which occurred at Chicago's O'Hare Airport and involved a passenger deplaning from Miami, involved the officers' detention of the passenger's luggage based on one officer's glimpse of a plastic bag in the passenger's shoulder bag. Subsequent search of the luggage under a warrant revealed cocaine in sufficient amount to warrant a charge of distribution. The trial judge did not suppress the evidence, holding that the officers had reasonable suspicion that Moya was carrying contraband. The conviction was affirmed on appeal, but the U.S. Supreme Court vacated and remanded the case in the context of United States v. Place, which held that the extended detention of luggage for less than probable cause violates the fourth amendment. Legal issues examined in the discussion focus on the seizure of the plastic bag, the 'plain-view' doctrine, and the length of detention of the luggage. A true-false test on the legal issues discussed is supplied. A section of the handbook on legal commentary addresses the criminal liability of a corporation officer acting under company policy, double jeopardy in cases of criminal sexual conduct, and jury consideration of aggravating crimes after a murder as relevant to sentencing. The concluding section of the handbook recommends procedures for police response in domestic assault cases, entry procedures, initial contact with disputants, separating the disputants, and making an exit.