1. SEARCH & SEIZURE

2. Agenda
Defined Terms
Right of Privacy
Search
Seizure
Arrest
Reasonableness
How defined terms may be applied in each of the following;
Stop-and-Frisk
Automobile search rules
Requirements regarding border and regulatory searches
In this presentation the following terms will be defined; right of privacy, search, seizure, arrest, and reasonableness. The stated terms will also be examined on how they would apply to stop-and frisk, automobile search rules, and requirements regarding border and regulatory searches. 2

3. Right of Privacy
Definition: The right of privacy refers to the concept that one’s personal information is protected from public scrutiny.
Under the fourth amendment according to “Your Bill of Rights” (2016), “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,” (pg. 1). Although right of privacy is not directly stated in the 4th amendment right of privacy was still intended under what is legal and illegally searched and seized to protect the citizens and what constitutes reasonable ("Your Bill Of Rights", 2016). 3

4. Right of Privacy Stop and Frisk Automobile search rules
Individual can be stopped and asked questions
Officer can frisk the individual if their answers warrant that they are armed and dangerous
Officer must articulate what led them to frisk the individual
Automobile search rules
Probable cause
Totality of Circumstances
Requirements regarding border and regulatory searches
Does not need probable cause
Does not need reasonable suspicion
No 4th amendment law or government intrusiveness is considered in this instances
An individual on probation or parole is subject to adhere to a stop and frisk at the request of any law enforcement officer. The individual signs off this condition when released to their probation or parole officer. Should the individual refuse, they can be arrested and detained for refusing to adhere to the condition of probation or parole.
Right of privacy is limited on what is conducted or observed by officer in plain sight, can avoid the “fruit of the poisonous tree” or tainted evidence by what the officer sees and can articulate.
In automobile searches, one has less rights then some one in their home. Two factors come into play, probable cause that a crime or contraband is in the vehicle, and the totality of what the probable cause renders. When an individual operates a motor vehicle they are agreeing to conditions of being stopped and questioned under probable cause. (Lemons, 1999)
Requirements regarding border and regulatory searches do not need probable cause, reasonable suspicion and do not fall under any 4th amendment right considered to an individual ("Border Searches", 2017).  4

5. Seizure
Forcible taking of a person’s property by a government law enforcement officer
Entick v. Carrington
Landmarks of English liberty
Protection under the Fourth Amendment for illegal searches and seizures
The forcible taking of one’s personal property by a government law enforcement officer by a person who is suspected to have broken the law, defines a seizure. In the early 1600’s, a case Entick v. Carrington is stated to be the landmark of English liberty. According to "Search And Seizure" (n.d.), “series of civil actions against state officers who, pursuant to general warrants, had raided many homes and other places in search of materials connected with John Wilkes' polemical pamphlets attacking not only governmental policies but the King himself,” (pg. 1). Entick sued against the officers due to the forcible break into him home, locked drawers and boxes, seizing different printed charts and pamphlets from him. The case decision is one of the permanent monuments of the British Constitution today ("Search And Seizure", n.d.).  5

6. Seizures: Continued Stop and Frisk Automobile Search
Border and Regulatory Searches
Reasonable suspicion to stop and frisk
No warrant required for stop and frisk
Terry v. Ohio
Precedent established law
Requires permission, warrant, or a valid reason to search
Courts give officers more leeway with vehicles searches
Automobile exceptions to the search warrant requirement
Requires no warrant, probable cause, or reason
Reasonable by virtue that the search is at the border
Terry v. Ohio
Standard Terry stops require reason for seizure
Seizures of property and person’s, protected under the Fourth Amendment, have rules for stop and frisk procedures, automobile searches, along with border and regulatory searches and seizures. For a stop and frisk, law enforcement do not need to have a warrant, but reasonable suspicion to search and potentially seize property. The Terry v. Ohio case set the precedent for the stop and frisk procedure; search and seizure was determined within a stop and frisk to have protection under the Fourth Amendment, but only require reasonable suspicion of a crime by a police officer ("Stop And Frisk", 2015). 
Law enforcement officers are given more leeway with vehicle searches and seizures compared to property searched. The requirements for a legal search are with permission of the vehicle’s owner, a warrant, or a valid reason to search. The expectation of privacy from citizens is considerable lower than their home residence privacy. Lastly, the seizures from border and regulatory searches require no warrant, no reason, and no probable cause for search or seizure. The Fourth Amendment does not apply for reasons of the search being at the border for entering this country. The Terry stop standards are still in place for personal search and seizure of the person’s being searched at the border ("Border Searches", n.d.).  6

7. References Border searches. (2017). Retrieved from
Border Searches. (n.d.). Retrieved from
Lemons, B. (1999). Searching a vehicle *without a warrant; the Carroll doctrine. Retrieved from division/downloads- articles-and-faqs/research-by-subject/4th- amendment/searchingavehicle-carroll.pdf
Search and seizure. (n.d.). Retrieved from
Search of vehicle without a warrant. (n.d.). Retrieved from
vehicle-without-a-warrant.html
Seizure. (n.d.). Retrieved from
Stop and frisk. (2015). Retrieved from
Your bill of rights. (2016). Retrieved from ,00.html 7