Hess10 chap4
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This chapter discusses searches and the Fourth Amendment. It covers: 1) What constitutes a legal search and the balance between individual liberties and society. 2) Searches have limitations and officers must know and follow applicable laws. 3) Illegal searches may result in evidence being excluded from trial. 4) The chapter describes different types of legal searches and exceptions, such as with a warrant, consent, stop and frisk, incident to arrest and emergencies.
Hess10 chap4
- 1. Chapter 4 Searches Hess 4-1
- 2. Introduction • Supreme Court defined a search as “a governmental infringement of a legitimate expectation of privacy” • Investigators make many kinds of searches • Searching is a vital task in most criminal investigations • Through searching, evidence of crime and against criminals is obtained • Every search must be firmly based on an understanding of the restrictions Hess 4-2
- 3. Legal Searches and the Fourth Amendment LEGAL OVERVIEW • Balance between individual liberties and the rights of society • Meant to ensure citizens’ dignity and privacy • Courts are bound by rules • Legality of a search must always be kept in mind • Systematic and thorough Hess 4-3
- 4. Basic Limitation on Searches SCOPE • All searches have one limitation • Laws regulating searches are numerous and complex • Officers must know the laws and operate within them • The penalty for not doing so is extreme • Evidence from illegal searches not allowed at trial Hess 4-4
- 5. UNREASONABLE SEARCHES • Courts enforce the prohibition against unreasonable searches • Affects illegally seized evidence THE INEVITABLE DISCOVERY EXCEPTION • Inevitable-discovery doctrine • Intent of the exclusionary rule Hess 4-5 The Exclusionary Rule
- 6. THE GOOD FAITH EXCEPTION • United States v. Leon (1984) Apparently valid search warrant • Modification of the exclusionary rule Evidence seized in reasonably good faith Good-faith doctrine Hess 4-6 The Exclusionary Rule
- 7. Justification for Reasonable Searches SEARCH WITH A WARRANT • Search warrant has been issued • Consent is given • Officer stops a suspicious person and believes the person may be armed • Search is incidental to a lawful arrest • Emergency exists Hess 4-7
- 8. Justification for Reasonable Searches SEARCH WITH CONSENT • United States v. Matlock (1974) • Wright v. United States (1938) • Illinois v. Rodriguez (1990) • Schneckloth v. Bustamonte (1973) • Georgia v. Randolph (2006) Hess 4-8
- 9. Justification for Reasonable Searches PATDOWN OR FRISK DURING A STOP • Suspicious circumstances • Identify someone who looks like a suspect • Reasonable suspicion • Terry v. Ohio (1968) Terry stop Might be armed and dangerous Hess 4-9
- 10. Justification for Reasonable Searches SEARCH INCIDENT TO ARREST • Immediate control area • Protective sweep, or Buie sweep SEARCH IN AN EMERGENCY SITUATION • No time to secure a warrant • Imminent danger to public safety • Medical emergencies Hess 4-10
- 11. Justification for Reasonable Searches SEARCH IN AN EMERGENCY SITUATION • Three conditions met under exigent circumstances Must believe a real emergency exists Requiring immediate action Primarily to find evidence Emergency and area searched must have a connection Hess 4-11
- 12. Justification for Reasonable Searches WARRANTLESS SEARCHES OF VEHICLES • Seizure within the meaning of the Fourth Amendment • Pretext stops • Searches of passengers in a stopped vehicle • Searches of vehicles incident to and contemporaneous with lawful arrests • Inventory searches Hess 4-12
- 13. CRIME SCENE SEARCH OVERVIEW • Establish a crime was committed • Establish what the crime was • Establish when the crime was committed • Identify who committed the crime • Explain how the crime was committed • Suggest why the crime was committed Hess 4-13 The Crime Scene Search
- 14. ORGANIZING THE CRIME SCENE SEARCH • Dividing the duties • Selecting a search pattern • Assigning personnel • Giving instructions Hess 4-14 The Crime Scene Search
- 15. PHYSICAL EVIDENCE • Ranges from very large objects to minute • Know what types of evidence to search for • Often found on or near the route used to and from a crime • Frequently found on or near a dead body • Elephant-in-a-matchbox doctrine Hess 4-15 The Crime Scene Search
- 16. EXTERIOR SEARCHES • Small, large areas • Can be divided • Diagrammed on paper • Lane-search pattern • Circle-search pattern • Zone- or sector-search pattern Hess 4-16 Search Patterns
- 17. INTERIOR SEARCHES • General to specific • Circular pattern • Cover all surfaces • Floor should be searched first Hess 4-17 Search Patterns
- 18. GENERAL GUIDELINES • Systematic search covering entire area PLAIN-SENSE EVIDENCE • Plain-view evidence • Plain feel/touch • Plain smell • Plain hearing Hess 4-18 Search Patterns
- 19. Other Types of Investigatory Searches BUILDING SEARCHES • Familiarize yourself with the location • Discuss a plan of action • Access all available resources • Think safety first and last • Extreme caution in the “fatal funnel” Hess 4-19
- 20. Other Types of Investigatory Searches TRASH OR GARBAGE CAN SEARCHES • California v. Greenwood (1988) • Trash pulls Crime has been committed Relevant evidence likely • Trash must not be located within the curtilage • Consult with your agency’s legal advisors Hess 4-20
- 21. Other Types of Investigatory Searches VEHICLE SEARCHES • Remove occupants • Search area around vehicle • Search exterior • Side from front to back • Return along the other side to the front Hess 4-21
- 22. Other Types of Investigatory Searches SUSPECT SEARCHES • Wear protective gloves • Not been arrested Patdown or frisk for weapons • Been arrested Thorough body search for weapons and evidence • Inhibitors to a thorough search Hess 4-22
- 23. Other Types of Investigatory Searches DEAD BODY SEARCHES • Done only after the coroner or medical examiner has arrived • Coroner has given permission • Search around and beneath the body after removal • Policy determines the extent of a search • Search systematically and completely Hess 4-23
- 24. Other Types of Investigatory Searches UNDERWATER SEARCHES • Limited visibility • Extreme water temperature • Swift currents and hazardous materials • Crime scene or accident scene • Metal detectors Hess 4-24
- 25. VALUABLE FORCE MULTIPLIER • Trained to detect drugs and other chemicals • Locate suspects • Narcotics • Explosives • Cadavers and more Hess 4-25 Use of Dogs in a Search
- 26. RECOGNIZED EXCEPTIONS • No search • Independent justification • Exigent circumstances • Fleeing target Hess 4-26 Warrant Checklist
- 27. OVERVIEW • Fourth Amendment • Officers’ actions must be reasonable • Outline details • Present full situation • Totality of the circumstances Hess 4-27 A Reminder
- 28. Summary • Fourth Amendment to the Constitution forbids unreasonable searches and seizures • Investigators must know what constitutes a reasonable, legal search • The scope must be narrow; general searches are unconstitutional • Search patterns have been developed that help ensure a thorough search • Always be on your guard Hess 4-28
Editor's Notes
- #4: Learning Objective: Do you know which constitutional amendment restricts investigative searches? The Fourth Amendment to the U.S. Constitution forbids unreasonable searches and seizures. Learning Objective: Do you know what is required for an effective search? To conduct an effective search, know the legal requirements for searching, the items being searched for and the elements of the crime being investigated; be organized, systematic and thorough.
- #5: Learning Objective: Do you know what basic restriction is placed on all searches? The most important limitation on any search is that the scope must be narrow. General searches are unconstitutional.
- #6: Learning Objective: Do you know what the exclusionary rule is and how it affects investigators? The exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. Weeks v. United States (1914) made the rule applicable at the federal level; Mapp v. Ohio (1961) made it applicable to all courts.
- #8: Learning Objective: Do you know what the preconditions and limitations of a legal search are? A search can be justified and therefore considered legal if any of the following conditions are met: A search warrant has been issued. Consent is given. An officer stops a suspicious person and believes the person may be armed. The search is incidental to a lawful arrest. An emergency exists. Also, a search conducted with a warrant must be limited to the specific area and specific items named in the warrant, in accordance with the particularity requirement (Stanford v. Texas, 1965).
- #9: Learning Objective: Do you know what the preconditions and limitations of a legal search are? Consent to search must be voluntary, and the search must be limited to the area for which consent is given.
- #10: Learning Objective: Do you know what the preconditions and limitations of a legal search are? The Terry decision established that a patdown or frisk is a “protective search for weapons” and as such must be “confined to a scope reasonably designed to discover guns, knives, clubs and other hidden instruments for the assault of a police officer or others.”
- #11: Learning Objective: Do you know what the preconditions and limitations of a legal search are? The Chimel decision established that a search incidental to a lawful arrest must be made simultaneously with the arrest and must be confined to the area within the suspect’s immediate control.
- #12: Learning Objective: Do you know when a warrantless search is justified? A warrantless search in the absence of a lawful arrest or consent is justified only in emergencies or exigent circumstances where probable cause exists and the search must be conducted immediately (New York v. Quarles, 1984).
- #13: Learning Objective: Do you know what precedents are established by the Weeks, Mapp, Terry, Chimel, Carroll and Chambers decisions? Carroll: Established that automobiles may be searched without a warrant if (1) there is probable cause for the search and (2) the vehicle would be gone before a search warrant could be obtained. Chambers v. Maroney (1970): Established that a vehicle may be taken to headquarters to be searched. Chimel: Established that a search incidental to a lawful arrest must be made simultaneously with the arrest and must be confined to the area within the suspect’s immediate control. Weeks and Mapp: The exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. Weeks v. United States (1914) made the rule applicable at the federal level; Mapp v. Ohio (1961) made it applicable to all courts. Terry: Established that a patdown or frisk is a “protective search for weapons” and as such must be “confined to a scope reasonably designed to discover guns, knives, clubs and other hidden instruments for the assault of a police officer or others.”
- #14: Learning Objective: Do you know what a successful crime scene search accomplishes? A successful crime scene search locates, identifies and preserves all evidence present.
- #15: Learning Objective: Do you know what is included in organizing a crime scene search? Organizing a search includes dividing the duties, selecting a search pattern, assigning personnel and equipment and giving instructions.
- #16: Learning Objective: Do you know what physical evidence is? Knowing what to search for is indispensable to an effective crime scene search. Physical evidence is anything material and relevant to the crime being investigated.
- #17: Learning Objective: Do you know what search patterns are used in exterior searches? Exterior search patterns divide an area into lanes, strips, concentric circles or zones.
- #18: Learning Objective: Do you know what search patterns are used in interior searches? Interior searches go from the general to the specific, usually in a circular pattern, covering all surfaces of a search area. The floor should be searched first.
- #19: Learning Objective: Do you know whether evidence left in plain view may be lawfully seized and whether it is admissible in court? Plain-view evidence—unconcealed evidence seen by an officer engaged in a lawful activity—is admissible in court.
- #22: Learning Objective: Do you know how to search a vehicle? Remove occupants from the car. First, search the area around the vehicle, and then the exterior. Finally, search the interior along one side from front to back, and then return along the other side to the front.
- #23: Learning Objective: Do you know how to search a suspect? If the suspect has not been arrested, confine your search to a patdown or frisk for weapons. If the suspect has been arrested, make a complete body search for weapons and evidence. In either event, always be on your guard.
- #24: Learning Objective: Do you know how to search a dead body? Search a dead body systematically and completely. Include the immediate area around and under the body.
- #26: Learning Objective: Do you know how dogs can be used in searches? Dogs can be trained to locate suspects, narcotics, explosives, cadavers and more.