SEARCH & SEIZURE

Agenda Defined Terms Right of Privacy Search Seizure Arrest Reasonableness How defined terms may be applied in each of the following; Stop-and-Frisk Automobile search rules Requirements regarding border and regulatory searches In this presentation the following terms will be defined; right of privacy, search, seizure, arrest, and reasonableness. The stated terms will also be examined on how they would apply to stop-and frisk, automobile search rules, and requirements regarding border and regulatory searches. 2

Right of Privacy Definition: The right of privacy refers to the concept that one’s personal information is protected from public scrutiny. Under the fourth amendment according to “Your Bill of Rights” (2016), “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” (pg. 1). Although right of privacy is not directly stated in the 4th amendment right of privacy was still intended under what is legal and illegally searched and seized to protect the citizens and what constitutes reasonable ("Your Bill Of Rights", 2016). 3

Right of Privacy Stop and Frisk Automobile search rules Individual can be stopped and asked questions Officer can frisk the individual if their answers warrant that they are armed and dangerous Officer must articulate what led them to frisk the individual Automobile search rules Probable cause Totality of Circumstances Requirements regarding border and regulatory searches Does not need probable cause Does not need reasonable suspicion No 4th amendment law or government intrusiveness is considered in this instances An individual on probation or parole is subject to adhere to a stop and frisk at the request of any law enforcement officer. The individual signs off this condition when released to their probation or parole officer. Should the individual refuse, they can be arrested and detained for refusing to adhere to the condition of probation or parole. Right of privacy is limited on what is conducted or observed by officer in plain sight, can avoid the “fruit of the poisonous tree” or tainted evidence by what the officer sees and can articulate. In automobile searches, one has less rights then some one in their home. Two factors come into play, probable cause that a crime or contraband is in the vehicle, and the totality of what the probable cause renders. When an individual operates a motor vehicle they are agreeing to conditions of being stopped and questioned under probable cause. (Lemons, 1999) Requirements regarding border and regulatory searches do not need probable cause, reasonable suspicion and do not fall under any 4th amendment right considered to an individual ("Border Searches", 2017).  4

Seizure Forcible taking of a person’s property by a government law enforcement officer Entick v. Carrington Landmarks of English liberty Protection under the Fourth Amendment for illegal searches and seizures The forcible taking of one’s personal property by a government law enforcement officer by a person who is suspected to have broken the law, defines a seizure. In the early 1600’s, a case Entick v. Carrington is stated to be the landmark of English liberty. According to "Search And Seizure" (n.d.), “series of civil actions against state officers who, pursuant to general warrants, had raided many homes and other places in search of materials connected with John Wilkes' polemical pamphlets attacking not only governmental policies but the King himself,” (pg. 1). Entick sued against the officers due to the forcible break into him home, locked drawers and boxes, seizing different printed charts and pamphlets from him. The case decision is one of the permanent monuments of the British Constitution today ("Search And Seizure", n.d.).  5

Seizures: Continued Stop and Frisk Automobile Search Border and Regulatory Searches Reasonable suspicion to stop and frisk No warrant required for stop and frisk Terry v. Ohio Precedent established law Requires permission, warrant, or a valid reason to search Courts give officers more leeway with vehicles searches Automobile exceptions to the search warrant requirement Requires no warrant, probable cause, or reason Reasonable by virtue that the search is at the border Terry v. Ohio Standard Terry stops require reason for seizure Seizures of property and person’s, protected under the Fourth Amendment, have rules for stop and frisk procedures, automobile searches, along with border and regulatory searches and seizures. For a stop and frisk, law enforcement do not need to have a warrant, but reasonable suspicion to search and potentially seize property. The Terry v. Ohio case set the precedent for the stop and frisk procedure; search and seizure was determined within a stop and frisk to have protection under the Fourth Amendment, but only require reasonable suspicion of a crime by a police officer ("Stop And Frisk", 2015).  Law enforcement officers are given more leeway with vehicle searches and seizures compared to property searched. The requirements for a legal search are with permission of the vehicle’s owner, a warrant, or a valid reason to search. The expectation of privacy from citizens is considerable lower than their home residence privacy. Lastly, the seizures from border and regulatory searches require no warrant, no reason, and no probable cause for search or seizure. The Fourth Amendment does not apply for reasons of the search being at the border for entering this country. The Terry stop standards are still in place for personal search and seizure of the person’s being searched at the border ("Border Searches", n.d.).  6

References Border searches. (2017). Retrieved from http://law.justia.com/constitution/us/amendment-04/18-border-searches.html Border Searches. (n.d.). Retrieved from Lemons, B. (1999). Searching a vehicle *without a warrant; the Carroll doctrine. Retrieved from https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal- division/downloads- articles-and-faqs/research-by-subject/4th- amendment/searchingavehicle-carroll.pdf Search and seizure. (n.d.). Retrieved from http://constitution.findlaw.com/amendment4/annotation01.html#1 Search of vehicle without a warrant. (n.d.). Retrieved from http://criminal.findlaw.com/criminal-rights/can-the-police-legitimately-search-my- vehicle-without-a-warrant.html Seizure. (n.d.). Retrieved from http://legal-dictionary.thefreedictionary.com/Seizure Stop and frisk. (2015). Retrieved from https://www.thelaw.com/law/stop-and-frisk-your-search-and-seizure-rights.281/ Your bill of rights. (2016). Retrieved from http://content.time.com/time/specials/packages/article/0,28804,2080345_2080344_20803 74,00.html 7