1. Search and Seizure for Criminal Justice II Students

2. Search and Seizure The Law is a system of regulations to govern the conduct of the people of a community, society, or nation. Laws are enacted in response to the need for consistency and regularity of human behavior.

3. Basis for U.S. Law Magna Charta British Common Law Ten Commandments

4. U.S. Constitution September 17 th 1787 Compact (agreement) of the people Sets forth basics rights, “natural rights” Defines the power of the government Foundation of our legal system Clarifies our rights & limits the power of government to infringe on those rights Basic foundation upon which our Legislative, Judicial, and Executive Branches are built. Defining our basic rights that no Government authority can take away

5. Thirteen Original Colonies Call for “Bill of Rights” First ten amendments to the Constitution Contain the most fundamental rights provided to the people

6. Your House is Your Castle No house can be entered without probable cause and a warrant – British Law Basis for our 4 th Amendment: Deals with unreasonable searches of “their persons, houses, and papers”

7. 4th Amendment The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall be issued, but upon probable cause, supported by oaths or affirmation, and particularly describing the place to be searched and persons or things to be seized.

8. Probable Cause Probable cause exists where the facts and circumstances within their (arresting officers) knowledge and of which they had reasonable and trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. Probable cause cannot be mere surmise, suspicion or hunch of an officer. Yet the officer is not required to produce evidence of guilt beyond a reasonable doubt. I Think He Did It

9. Suspicion Mere Suspicion Reasonable Suspicion = A gut feeling, law enforcement officers can not even stop a suspect = The ability to state (articulate) reasons for suspicion. A law enforcement officer is legally permitted to stop and frisk

10. Scope of the 4th Amendment  Prohibits only unreasonable searches and seizures  Prohibits the issuance of warrants not meeting certain requirements as set forth in the 4th Amendment  Applies only to government sponsored actions  Protects person and not just place Warrant

11. What is a Search Exploration or inspection by law enforcement of persons, houses, premises, and or vehicles to discover evidence of crimes.

12. What is Seizure People and Items: The taking or apprehending of items from individuals involved in a crime. A seizure of a person is an arrest.

13. Search Without Warrant Categories: Search Incident to Arrest Emergency/Exigent Hot Pursuit Open Fields Consent No Warrant Needed

14. Warrantless Searches Police officers look for: – weapons – instruments of a crime – contraband – stolen items – evidence of a crime

15. Vehicle Searches An automobile is a personal effect w/ regards to the 4 th Amendment However, the courts have ruled that due to the mobility, use in the employment in transportation of illegal weapons, tools, contraband, etc. that the expectation of privacy is less Why a lesser expectation of privacy?

16. The Carroll Doctrine Holds that a warrantless search if a readily mobile motor vehicle by a law enforcement officer who has PROBABLE CAUSE to believe that the vehicle contains items subject to seizure is not unreasonable under the 4 th Amendment. Carroll v. United States –Leading case

17. Probable Cause The controlling consideration in the warrantless search of a vehicle is probable cause to believe that the vehicle contains items that are connected with the criminal activity and thus subject to seizure. In a vehicle search and seizure case, probable cause depends on the particular circumstances of each situation. Know the difference between reasonable suspicion and probable cause! May also seize the entire car as contraband itself. –Florida v. White

18. Delay in Search The search should be conducted immediately at the scene without delay. Exceptions –Unsafe location –Or unpractical location May also seize the vehicle on probable cause and get a warrant to search it.

19. Exigent Circumstances Exigent Circumstances refer to situations that demands unusual or immediate action and this allows people to circumvent usual procedures. In other words emergency conditions. The circumstances are such that it would cause a reasonable person to believe that prompt action is necessary to prevent physical harm to the officers.

20. Exigent Circumstances Emergency circumstances are not needed as a separate condition to search the vehicle. The High Courts focus on the mobility of a vehicle as a special circumstance and a search based on probable cause alone will satisfy the courts. A mobile home that is not readily movable does not apply.

21. Exigent Circumstances In State v. Kock, the court ruled that a search of an unoccupied, parked, immobile vehicle must be searched with a warrant or some other emergency circumstance. An example of an emergency circumstance would be a public safety issue. –Shotgun protruding under the seat of a car.

22. Entry onto Private Premises If the officers are acting upon probable cause and following closely behind a vehicle, and would have been authorized to stop and search the vehicle while on a public way, they may properly follow the vehicle onto private property and conduct the search there. The officers followed a defendant into his garage where he parked his car.

23. Class Activity: Research the following two Supreme Court cases. Write down the background/event of each case and the complete opinion of the court. - Carroll v. United States - Florida v. White

24. Search and Seizure PART II

25. Scope of Search Search Entire Vehicle: The scope of the warrantless search authorized by the Carroll exception is no broader and no narrower than a judge could legitimately authorize by a warrant. Emphasizing that the scope of a search under the Carroll doctrine depends entirely on the object of the search. Police may even dismantle part of a vehicle in a search. Officers may not conduct body searches of occupants of a vehicle under Carroll. However, officers may search any belonging that are in the vehicle.

26. Scope of Search Search of container found in vehicle California v. Acevedo –Officers may search a container in a vehicle but only if that container is the object of the search. Example: –Marijuana in a brown paper bag placed in the trunk. –Officers could search the brown paper bag in the trunk but not the entire vehicle.

27. Impoundment and Inventory of Vehicles Impoundment Police may impound vehicles for several reasons: 1.Safety 2.Liability 3.Convenience Police routinely inventory motor vehicles upon impoundment.

28. Reasons for Impoundment Accident and the vehicle is disrupting the flow of traffic or presenting a traffic hazard The driver has been taken into custody Driver is intoxicated Vehicle is seized pursuant to evidence of a crime The vehicle is reported stolen This limited search of a vehicle is allowed to protect the police from claims over stolen or lost property, the owner’s property and police from danger.

29. Inventory The inventory procedure is NOT considered to be a search for purposes of the 4 th Amendment because its objective is not to find incriminating evidence as part of a criminal investigation. Standard Procedures Each Police Agency MUST have a standard inventory policy Usually a standard printed form-in triplicate – one copy goes to the police, one to the wrecker company and one to the driver.

30. Scope of Inventory The inventory should be restricted to accessible areas of the vehicle in which the owner’s or occupant’s personal belongings might be vulnerable to theft or damage. Examples: –Looking inside the pockets of a pair of jeans was held to be no good. –The reading of a diary found in a vehicle – no good.

31. Timing and Visibility of Inventory Time Must be immediate Otherwise it would not be for the protection of the items in the vehicle—right? Plain View If the cops have a legal right to be there and they see in plain view contraband they may seize it under plain view.

32. Expectation of Privacy Vehicles are: –Driven in public –Subject to state regulations –Subject to traffic laws –Subject to safety concerns Much less privacy than in a home or office But nonetheless there is still somewhat of an expectation of privacy

33. Electronic Beepers Police can install beeping devices to substances that are used in the illegal manufacture of drugs. They can follow the beeping as long as it is on public property. If the beeper is inside a house, the police may not use that as evidence or to assist in a search.

34. Searches by Dogs United States v. Solis –The use of specially trained dogs to detect the smell of drugs does not violate a person’s reasonable expectation of privacy. U.S. v. Stone –The court upheld the use of a drug dog to sniff around a vehicle that is stopped on a traffic violation. Horton v. Goose Creek ISD –Court said yes to lockers and hallways searches and; –No to dogs sniffing the students.

35. When all else fails… call Law Enforcement’s Best – the K-9 Cop!

36. Frisks and Pat Downs Case Law: Terry v. OH – 1968

37. Emergency Doctrine 4 th Amendment does not bar police officers from making warrantless entries when they believe a person is in need of immediate aid.

38. Exigent Circumstances Degree of urgency Contraband will be destroyed Likelihood of escape

39. Hot Pursuit If you are pursuing a person you have probable cause to believe is armed and has just committed a serious crime, you may, for the purpose of your own safety, the safety of the public, and the preventing of escape, search the building into which you have pursued the person.

40. Open Fields Authorizes law enforcement officers to enter and search open fields without a warrant.

41. Consent Searches Person voluntarily agrees to be searched You can conduct a search of a person or property even though you don’t have a warrant or even probable cause if you have obtained the prior consent of the one whose rights will be affected by it, or of someone who has the right and the authority to act for the person whose rights will be affected by it. The consent must be positive. Silence is not consent. Your search may go on only as far as the permission you have received.

42. Search or Arrest Warrant Information: Probable cause Supported by oath Person or items must be described Nature of offense Designate officer to comply Issued in name of U.S. or state Signed by judge or official Describe place, thing, or person Material facts Allegation of offense Jurisdiction of event

43. Execution of Warrants No Knock Searches: As a general rule, the Fourth Amendment requires police officers executing a search warrant to knock and announce their identity and official purpose. However, a no-knock entry is justified if an officer has a reasonable suspicion that knocking and announcing would be (1) dangerous to himself, fellow officers, or someone inside the premises, or (2) would inhibit the effective investigation of a crime. A decision to make an unannounced entry must be based on the circumstances presented in each particular case.

44. 469 U.S. 325 1985

45. Circumstance s of the Case On March 7, 1980 a teacher at Piscataway High School found T.L.O with a friend smoking cigarettes in a bathroom. She was then admitted to Principals office where the Vice Principal proceeded to look through her purse finding a pack of cigarettes, rolling paper, a pipe, marijuana, a large wade of dollar bills, and two letters that indicated T.L.O. was involved in marijuana dealing at the high school

46. Constitutional Issue Under the 4th Amendment citizens’ are protected from unreasonable searches and seizures. But does a student have the same rights as an adult? No, a search could be reasonable under the 4th Amendment without probable cause, so long as it was supported by reasonable suspicion or reasonable cause that a crime has been committed.

47. The court ruled in favor of New Jersey. Which states that school officials act for the parents of students. They do not need a warrant to make searches. Exclusionary rule does not apply to this case because T.L.O’s behavior furnished a reasonable basis for the search.

48. In the case of TLO vs. New Jersey the court ruled 6-3 in favor of New Jersey. New Jersey T.L.O.

49. The decision of the case serves as a precedent in future cases. During the 1990’s T.L.O’s case was used in a number of Supreme Court cases to allow the use of metal detectors and protective searches in school.

50. Justice Byron White wrote the Court’s opinion. White wrote, “school officials may properly conduct a search of a student’s person if the official has a reasonable suspicion that a crime has been… committed, or reasonable cause to believe that the search is necessary to maintain school discipline….”

51. Miranda Warning  You have the right to remain silent.  If you choose to speak, anything you say can be used against you in a court of law.  You have the right to consult with an attorney and have an attorney present during questioning. If you cannot afford an attorney and wish to have one, an attorney will be provided for you before any questions are asked.  If you choose to waive your rights and answer questions now, you have the right to cut off any questioning at any time.

53. CJ II / Search and Seizure Research DO IT NOW! Warm-up: DO IT NOW! Define Exigent Circumstances On the same sheet of paper complete the following - Individual Student Participation for Presentations: Write the name of each court case. Write two interesting facts about each case.