“ Copyright © Allyn & Bacon 2008 Criminal Evidence Chapter Six: Warrantless Arrests and Searches This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program. Marjie Britz

“ Copyright © Allyn & Bacon 2008 Investigative Detention During Investigative stops (Terry stops): When an officer has a “reasonable suspicion” to believe that the individual has either (1) committed, (2) is committing, or (3) will commit a crime, an arrest warrant is not be necessary. During Investigative stops (Terry stops): When an officer has a “reasonable suspicion” to believe that the individual has either (1) committed, (2) is committing, or (3) will commit a crime, an arrest warrant is not be necessary.

“ Copyright © Allyn & Bacon 2008 Seizures and Investigative Detentions Officers may conduct protective searches of individuals during investigative detentions. (Weapons) Officers may conduct protective searches of individuals during investigative detentions. (Weapons) stop-and-frisks are for the individual safety of police officers (as well as the suspects). stop-and-frisks are for the individual safety of police officers (as well as the suspects).

“ Copyright © Allyn & Bacon 2008 Plain View Evidence which was in plain view may be admissible in court if: (1)officer was in a lawful position; (2) discovery was inadvertent; (3) and evidentiary value of the item was immediately apparent (recognize the criminality). Evidence which was in plain view may be admissible in court if: (1)officer was in a lawful position; (2) discovery was inadvertent; (3) and evidentiary value of the item was immediately apparent (recognize the criminality).

“ Copyright © Allyn & Bacon 2008 “Plain Feel” Doctrine Some courts have attempted to extend “plain view” to include a “plain feel”, (i.e. evidence discovered during pat down searches). Some courts have attempted to extend “plain view” to include a “plain feel”, (i.e. evidence discovered during pat down searches). Apparent to the touch (recognize the criminality). Apparent to the touch (recognize the criminality).

“ Copyright © Allyn & Bacon 2008 Incident to Arrest Time period incident to arrest includes period immediately prior to the seizure of the individual in question and immediately prior to the formal arrest. Time period incident to arrest includes period immediately prior to the seizure of the individual in question and immediately prior to the formal arrest. During this period, evidence seized may be admissible. During this period, evidence seized may be admissible. Based on safety concerns for officers safety “arms reach” (Chimel). Based on safety concerns for officers safety “arms reach” (Chimel).

“ Copyright © Allyn & Bacon 2008 Automobile Searches Warrantless, roadside searches of motor vehicles are permitted if there is “probable cause to believe” that evidence of criminal activity or criminal contraband is contained therein. Carroll doctrine: Warrantless, roadside searches of motor vehicles are permitted if there is “probable cause to believe” that evidence of criminal activity or criminal contraband is contained therein. Carroll doctrine: Vehicles are mobile. (Evidence can drive away.) Arizona v. Gant: Search of passenger compartment of a car incident to arrest is NOT automatic. (Must be able to articulate suspicion of criminal activity / crime.)

“ Copyright © Allyn & Bacon 2008 Automobile Searches – cont. Closed Containers and Vehicles: Some courts have upheld searches of locked, secure containers like luggage while others courts have disallowed. Closed Containers and Vehicles: Some courts have upheld searches of locked, secure containers like luggage while others courts have disallowed. Inventory of Automobiles: Not a “search” Conducted by law enforcement personnel of an individual’s personal belongings in accordance with a dept. policy. (Liability for contents.) Inventory of Automobiles: Not a “search” Conducted by law enforcement personnel of an individual’s personal belongings in accordance with a dept. policy. (Liability for contents.) Generally allowable when car impounded. Generally allowable when car impounded.

“ Copyright © Allyn & Bacon 2008 Consent Consent: Suspect voluntarily consents to search or seizure. Consent: Suspect voluntarily consents to search or seizure. Probable cause, reasonable suspicion, or an articulable justification is not required. Probable cause, reasonable suspicion, or an articulable justification is not required. Consent must be knowing and voluntarily. Consent must be knowing and voluntarily.

“ Copyright © Allyn & Bacon 2008 Consent Consent must be: voluntary voluntary look at “totality of circumstances” look at “totality of circumstances” of scope that includes search of scope that includes search legitimate legitimate In some cases, third party (e.g. spouse, room mate, baby sitter,) can give consent. In some cases, third party (e.g. spouse, room mate, baby sitter,) can give consent.

“ Copyright © Allyn & Bacon 2008 Administrative Justifications and Special Needs of Govt. Inventory searches: may be conducted on automobiles and individuals under arrest. Inventory searches: may be conducted on automobiles and individuals under arrest. Designed to protect the owner from loss or theft while the property is under the control of law enforcement authorities. Designed to protect the owner from loss or theft while the property is under the control of law enforcement authorities. In practice, however, they are often used to search for criminal evidence or contraband. (Where to make an enforcement stop.) In practice, however, they are often used to search for criminal evidence or contraband. (Where to make an enforcement stop.)

“ Copyright © Allyn & Bacon 2008 Administrative Justifications and Special Needs of Govt. – cont. Building, Home and Business Inspections: Traditionally, health, welfare, and structural inspections of private residences were permitted as it was rationalized that such were necessary for the betterment of the wellness of the community. Building, Home and Business Inspections: Traditionally, health, welfare, and structural inspections of private residences were permitted as it was rationalized that such were necessary for the betterment of the wellness of the community. overturned by courts overturned by courts “Regulated business” exception (Licenses) “Regulated business” exception (Licenses)

“ Copyright © Allyn & Bacon 2008 Administrative Justifications and Special Needs of Govt. – cont. Checkpoints: not all warrantless checkpoints have been permissible but others have been allowed: Checkpoints: not all warrantless checkpoints have been permissible but others have been allowed: border, drunk driving, and drug interdiction, seatbelt and child safety seat enforcement, license and insurance are allowed. border, drunk driving, and drug interdiction, seatbelt and child safety seat enforcement, license and insurance are allowed.

“ Copyright © Allyn & Bacon 2008 Administrative Justifications and Special Needs of Govt. – cont. Public school administrators and public employers may conduct searches for disciplinary purposes even if probable cause is lacking on public grounds and of employees and students of involved employer / school dist. property equipment. (No right of privacy) Public school administrators and public employers may conduct searches for disciplinary purposes even if probable cause is lacking on public grounds and of employees and students of involved employer / school dist. property equipment. (No right of privacy)