Search Concepts
Search defined….. “The act of seeking out and discovering evidence and/or contraband in the possession of another in a hidden place.”
Seizure defined….. “A taking possession of evidence and/or contraband from another against the person’s will.”
Court Recognized Searches Search warrants Search incidental to an arrest –premises may be searched for additional suspects if officer has reasonable cause Consensual searches Exigent circumstances searches No exploratory searches
Search Warrants Order signed by magistrate commanding a peace officer to search a particular place for particular property.
Search Warrants Must establish probable cause for the search Warrant must be executed and returned within 10 days from date of issuance Bound by “knock and notice” requirements
Search Incidental to an Arrest For officer safety and to prevent destruction of evidence Contemporaneous with an arrest No search on citation releases
Consent Searches Expressed Consent –Given directly orally or in writing –Positive, direct, unequivocal consent Implied Consent –Manifested by signs, actions or inactions, facts, or silence which raise presumption that consent has been given Consent may be withdrawn at anytime
Who May Give Consent? Suspect Authorized third person –Spouse –Roommate, live in partner –Co-tenant –Babysitter –House guest
Vehicle Searches Pursuant to a lawful search warrant Consensual search Incidental to an arrest Seizure of the vehicle involved in crime Probable cause to believe vehicle contains seizable property
Carroll Doctrine Mobility of the vehicle –Easily moved –Evidence could be lost if officer attempts to secure search warrant Probable cause to believe vehicle contains items involved in a crime
Extension to Searches FlashlightsBinocularsDogs Aerial surveillance Hidden transmitters
Seizure Concepts
Seizure of Evidence From a Person ContrabandFingerprints Handwriting and voice samples Body fluids Blood Saliva and fingernail scrapings Hair samples
Seizure Guidelines Arm’s reach rule Prevention of swallowing evidence –Reasonable force –Clinched fists and choking Emetic solutions Drunk driving accidents Obtaining fingerprints