PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 2 Search and Seizure Importance of Fourth and Fifth Amendments to U.S. Constitution Applied to the states by the Fourteenth Amendment

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Fourth Amendment Protects: Persons Houses Papers Effects Protects against unreasonable searches and seizures

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ First Search Question: Does the Fourth Amendment apply? If it does not apply, then questions of reasonableness, probable cause, and warrants are irrelevant.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Second Search Question: If the Fourth Amendment does apply, has it been complied with? If yes, then evidence is admissible unless excluded for other reasons. If no, what sanctions will the court impose, e.g., exclusionary rule.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Common exceptions to applicability of the Fourth Amendment Open fields Public areas Items in plain view Where there is no acceptable reasonable expectation of privacy Consent Abandoned property

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Sanctions where the Fourth Amendment has been violated Exclusionary rule Ohio v. Mapp Purpose to deter police misconduct Sanctions against officer Civil actions against officer

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Warrant Requirements No warrant shall issue, but Upon probable cause Supported by oath or affirmation Particularly describing the Place to be searched And the persons or things to be seized

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ General Warrant Requirements Must be issued by a neutral and detached magistrate As a general rule, you must get a warrant unless you can’t. Exceptions to the above rule Automobile searches with probable cause Searches incident to a lawful arrest Exigent circumstances

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ A Search A search is defined as a governmental intrusion into an area where a person has a reasonable expectation of privacy. The expectation of privacy must be one that society is prepared to recognize as reasonable. Katz v. United States

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Probable Cause for a Warrant Probable cause—difficult to define One definition—A set of facts that would cause a person of ordinary care and prudence to honestly believe and strongly suspect that the targeted individual may have committed a crime and there is reason to believe that certain items are present on the person or the place to be searched.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Fruit of the Poisonous Tree Doctrine Evidence obtained as a result of an illegal search is inadmissible. Derivative evidence discovered from information obtained as the result of an illegal search is also inadmissible. The doctrine applies to searches, arrests, confessions, and other evidence-gathering activities.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Exceptions to the Poisonous Fruit Doctrine Independent source Evidence available by other legal means Inevitable discovery Evidence would have been discovered by other legal means

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Automobile Searches No warrant required Lesser expectation of privacy to vehicles on public property and roads Probable cause required Vehicle on private property Need warrant or other exception required

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Student Searches School officials do not need warrants unless they are acting on behalf of law enforcement. School lockers may be searched under the auspices of a previously promulgated policy. Reasonable searches for valid educational purposes do not need probable cause.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Sobriety Checkpoints Sobriety checkpoints are reasonable. If no unreasonable delay or no unreasonable manner in which the search is conducted. Police conducting checks must not exercise discretion as to which vehicles they will stop.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Inspections and Regulatory Searches Courts have established a reasonable legislative or administrative standard. Standard is less than probable cause. Courts use the balancing test. Welfare inspections may be required as a condition to receive benefits. Fire inspections while the firemen are on the scene are permissible without a warrant.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Border Searches United States v. Ramsey Searches at the border are per se reasonable. A nation has the right to protect itself by searching persons entering the country. Border searches may also be conducted in areas near the border.