Chapter 3 Searches

Fourth Amendment 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.

Conditions of a Legal Search A search warrant has been issued Consent is given An officer stops a suspicious person and believes the person may be armed The search is incident to a lawful arrest An emergency exists

Illinois v. Gates The test for probable cause under the Fourth Amendment should be a totality of the circumstances test. This case modified Aguilar v. Texas, and Spinelli v. U.S.

A Search Warrant can be Issued for: Stolen or embezzled property Property designed or intended for use in committing a crime Property that indicates a crime has been committed or a particular person has committed a crime

Illinois v. McArthur Police officers may detain residents outside their homes until a search warrant can be obtained if necessary. “A police officer’s refusal to allow residents to enter their homes without a police officer until a search warrant was obtained was a reasonable seizure that did not violate the Fourth Amendment.”

Terry v. Ohio The Terry decision established that a pat-down or frisk is a “protective search for weapons” and as such must be “confined to a scope reasonably designed to discover guns, knives, clubs and other hidden instruments for the assault of a police officer or others.” NOTE: The officer may only pat-down for weapons.

Florida v. J.L. The Court held that police could not stop and frisk someone based on an anonymous tip.

Chimel v. California A search incidental to a lawful arrest must be made simultaneously with the arrest and must be confined to the area within the suspect’s immediate control. Immediate control means within the person’s reach.

Additional Cases N.Y. v. Belton (1981): established that the vehicle of a person who has been arrested can be searched without a warrant. This search is limited to the passenger compartment and containers therein. N.Y. v. Quarles (1984): a warrantless search in the absence of a lawful arrest or consent is justified only in emergencies or exigent circumstances where probable cause exists and the search must be conducted immediately. Mincey v. AZ. (1978): the Fourth Amendment does not require police officers to delay a search if to do so would gravely endanger their lives or the lives of others.

The Exclusionary Rule The exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. Weeks v. U.S. (1914) made the rule applicable at the federal level; Mapp v. Ohio (1961) made it applicable to all other courts.

Related Principles Fruit of the Poisonous Tree Doctrine established that evidence obtained as a result of an earlier illegality must be excluded from trial. Good Faith Doctrine established that illegally obtained evidence may be admissible if the police were not aware they were violating a suspect’s Fourth Amendment Rights.

Goals of the Crime Scene Search Establish that a crime was committed and what the specific crime was Establish when the crime was committed Identify who committed the crime Explain how the crime was committed Suggest why the crime was committed

Crime Scene Search A true or uncontaminated crime scene is one that no evidence has been introduced into it or taken from it except by the person committing the crime. The “elephant-in-a-matchbox” doctrine requires that searchers consider the probable size and shape of evidence.

Search Patterns Exterior Searches Lane Search Pattern Strip Search Pattern Grid Search Pattern Circle Search Pattern Zone/Sector Search Pattern Interior Searches

Plain View Evidence Unconcealed evidence seen by an officer engaged in a lawful activity, it is admissible in court – U.S. v. Henry (1958). Michigan v. Taylor (1978) U.S. v. Lueck Boyd v. U.S. (1886)

Other Types of Searches Building Searches Trash or Garbage Can Searches Vehicle Searches Inventory Searches Suspect Searches Dead Body Searches