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Chapter 14Chapter 14

Obtaining Physical Obtaining Physical and other Evidenceand other Evidence

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Obtaining Physical and other Obtaining Physical and other evidenceevidence

Real evidenceReal evidence Must be “tangible,” such as a Must be “tangible,” such as a weapon, drugs, cash, records, etc. weapon, drugs, cash, records, etc.

Also referred to as Physical evidenceAlso referred to as Physical evidence

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Examples of physical Examples of physical evidence:evidence:

Weapons (guns, knives, Weapons (guns, knives, etc)etc)

Illegal drugsIllegal drugsFingerprintsFingerprintsClothing Clothing Documents Documents FootprintsFootprintsHairHairBloodBloodGrass marks or other stains Grass marks or other stains on clothingon clothing

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Obtaining physical evidence Obtaining physical evidence from the person of a suspectfrom the person of a suspect

Encounters between citizens & police Encounters between citizens & police incluinclude:de:

Voluntary encounters or Voluntary encounters or “Consensual” stops“Consensual” stops

The investigative stop or The investigative stop or Terry stopTerry stop An arrest based on probable cause to An arrest based on probable cause to

believe that the person has believe that the person has committed a crimecommitted a crime

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Obtaining evidence and Obtaining evidence and information by means of information by means of voluntary conversationsvoluntary conversations

Most persons will engage in Most persons will engage in voluntary conversations, voluntary conversations, however, with law enforcement however, with law enforcement officers. officers.

If at some point they wish to If at some point they wish to discontinue the conversation, discontinue the conversation, they may do so. they may do so.

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““Free to leave” testFree to leave” test The test used by courts to The test used by courts to

determine whether such situations determine whether such situations are voluntary or not is the are voluntary or not is the free to free to leave testleave test , which is defined by the , which is defined by the U.S. Supreme Court as follows:U.S. Supreme Court as follows:A person has been “seized” A person has been “seized” within the meaning of the Fourth within the meaning of the Fourth Amendment only if in view of all Amendment only if in view of all the circumstances surrounding the circumstances surrounding the incident, a reasonable the incident, a reasonable person would have believed that person would have believed that he was he was not free to leave.not free to leave.

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Terry StopsTerry Stops The amount of evidence known as The amount of evidence known as

reasonable suspicionreasonable suspicion is needed to is needed to authorize an investigative detention, or authorize an investigative detention, or Terry Stop.Terry Stop.

Reasonable suspicionReasonable suspicion is is less than less than probable causeprobable cause

Terry v Ohio (1968)Terry v Ohio (1968)

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Stop & FriskStop & Frisk Terry v Ohio also established the Terry v Ohio also established the

“Stop & Frisk” or “Pat-Down” “Stop & Frisk” or “Pat-Down” rulesrules

The police must have The police must have “reasonable suspicion both to “reasonable suspicion both to stop someone and…stop someone and…

To “pat down” their outermost To “pat down” their outermost garments for garments for WEAPONS ONLYWEAPONS ONLY, , based on…based on…

A “reasonable suspicion” their A “reasonable suspicion” their safety is in jeopardy! safety is in jeopardy!

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Searches that can be Searches that can be justified during an justified during an

investigative detentioninvestigative detention Consent to searchConsent to search would have to be would have to be

voluntarily and clearly given. Consent voluntarily and clearly given. Consent searches would be limited to the area or searches would be limited to the area or object consented to the searched.object consented to the searched.

Protective searchProtective search can be made if an can be made if an officer who has made a valid investigative officer who has made a valid investigative stop has reasonable suspicion to believe stop has reasonable suspicion to believe that the suspect “ may be armed and that the suspect “ may be armed and presently dangerous. presently dangerous. TERRY RULES TERRY RULES APPLY TO STOP & FRISKS!APPLY TO STOP & FRISKS!

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Searches that can be Searches that can be justified during an justified during an

investigative detention investigative detention cont…cont…

Anonymous tipsAnonymous tips require require “indicia “indicia of reliability”,of reliability”, that is that is corroborating information from the corroborating information from the person giving the tip showing that person giving the tip showing that person to have person to have “predictive “predictive information”information” about the suspects about the suspects behavior that allowed the police to behavior that allowed the police to judge the reliability of the judge the reliability of the anonymous stop.anonymous stop.

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Obtaining physical evidence Obtaining physical evidence during and after an arrestduring and after an arrest

A search for weapons A search for weapons and evidence of the and evidence of the crime may be made in crime may be made in the the search incidentsearch incident to an to an arrest.arrest.

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Obtaining physical evidence Obtaining physical evidence during and after an arrest during and after an arrest

cont…..cont….. Protective sweep or safety checkProtective sweep or safety check::

Arresting officers have a right to conduct a Arresting officers have a right to conduct a quick and cursory check of the arrestee’s quick and cursory check of the arrestee’s lodging immediately subsequent to arrest lodging immediately subsequent to arrest even if the arrest is near the door but even if the arrest is near the door but outside the lodging where they have outside the lodging where they have reasonable grounds to believe that there reasonable grounds to believe that there are other persons present inside who might are other persons present inside who might present a security risk.present a security risk.

Note: This is for Note: This is for PEOPLE,PEOPLE, NOT “Evidence!” NOT “Evidence!”

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Evidence obtained during Evidence obtained during inventory searchesinventory searches

The U.S. Supreme Court listed the The U.S. Supreme Court listed the following for following for inventoryinginventorying property property that is being held by the police:that is being held by the police: The protection of the owner’s The protection of the owner’s

property while it remained in police property while it remained in police custodycustody

The protection of the police against The protection of the police against claims or disputes over lost or claims or disputes over lost or stolen property stolen property

The protection of the police from The protection of the police from potential dangerpotential danger

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Evidence obtained during Evidence obtained during inventory searchesinventory searches

Inventory searchesInventory searches: are not : are not “searches” for incriminating “searches” for incriminating evidence. evidence.

They are a common and sensible They are a common and sensible police procedure to determine police procedure to determine what the law enforcement agency what the law enforcement agency is responsible.is responsible.

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Searches of Private Searches of Private PremisesPremises

Arrest Warrants vs. Arrest Warrants vs. Search WarrantsSearch Warrants

In Arrest Warrants, you’re In Arrest Warrants, you’re looking for a PERSONlooking for a PERSON

In Search Warrants, you’re In Search Warrants, you’re looking for EVIDENCElooking for EVIDENCE

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Authority needed by police Authority needed by police officers to enter private officers to enter private

premisespremises Arrest WarrantsArrest Warrants:: Carries with it the limited authority Carries with it the limited authority

to to enter a dwelling in which the enter a dwelling in which the suspect lives when their is reason suspect lives when their is reason to believe the suspect is within, to believe the suspect is within, police may enter under the police may enter under the following limitations:following limitations: Entry with an arrest warrant is Entry with an arrest warrant is

limited to a suspect’s own limited to a suspect’s own residence andresidence and

““Where there is reason to believe Where there is reason to believe the suspect is within”the suspect is within”

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Authority needed by police Authority needed by police officers to enter private officers to enter private

premisespremises Search WarrantSearch Warrant: : if the conditions from an arrest if the conditions from an arrest

warrant do not exist, law officers warrant do not exist, law officers should obtain a search warrant in should obtain a search warrant in addition to the arrest warrant: or they addition to the arrest warrant: or they could wait until the suspect appears could wait until the suspect appears in a public place to make an arrest.in a public place to make an arrest.

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Searching Homes Searching Homes

Officers must comply with Officers must comply with knock & knock & noticenotice when serving arrest and when serving arrest and search warrants:search warrants:

Absent Absent exigentexigent circumstances, circumstances, an officer must have an …an officer must have an …

arrestarrest warrantwarrant to justify a to justify a nonconsensual entrynonconsensual entry into a into a residence to make an residence to make an arrestarrest..

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Otherwise…Otherwise…

To enter a home you must have:To enter a home you must have:ConsentConsentWarrantWarrantExigent CircumstancesExigent Circumstances

This is based on the “Castle This is based on the “Castle Exception,” Exception,”

E.g., a “man’s home is his castle,” and E.g., a “man’s home is his castle,” and should be protected from government should be protected from government intrusionintrusion

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Vehicle stopsVehicle stops

Police need at least “reasonable Police need at least “reasonable suspicion” to make a stopsuspicion” to make a stop

Most are temporary, brief and publicMost are temporary, brief and public It does “curtail one’s freedom of It does “curtail one’s freedom of

movement” movement” Drivers and Occupants may be Drivers and Occupants may be

questionedquestioned All occupants may be ordered out of All occupants may be ordered out of

the vehiclethe vehicle

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Evidence during traffic stopsEvidence during traffic stops

Plain-view doctrine may allow officers to Plain-view doctrine may allow officers to “seize” evidence that they can “see” “seize” evidence that they can “see” while in “plain view.” while in “plain view.”

This can give probable cause to search This can give probable cause to search the entire vehicle!the entire vehicle!

Consent can be also used to ok a searchConsent can be also used to ok a search Police have an “Automobile Exception” Police have an “Automobile Exception”

to search vehicles that is unique… to search vehicles that is unique…

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The Automobile ExceptionThe Automobile Exception Carroll v U.S. (1925)Carroll v U.S. (1925) Established the Established the “Carroll Rule,”“Carroll Rule,” or the or the

PROBABLE CAUSEPROBABLE CAUSE rule in dealing with rule in dealing with vehicles.vehicles.

Essentially, because vehicles can be Essentially, because vehicles can be moved easily, and evidence destroyed, moved easily, and evidence destroyed, etc., the police can search the vehicle etc., the police can search the vehicle where it is, as long as they can articulate where it is, as long as they can articulate PROBABLE CAUSE for the search. PROBABLE CAUSE for the search.

A warrant is not needed, nor is consent, A warrant is not needed, nor is consent, as long as PC is presentas long as PC is present

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Key CasesKey Cases Carroll v. U.S. 45 S. Ct. 280 (1925)Carroll v. U.S. 45 S. Ct. 280 (1925) U.S. v. Ross, 102. S. Ct. 2157 (1982)U.S. v. Ross, 102. S. Ct. 2157 (1982) Ross extended searches to the Ross extended searches to the

ENTIRE vehicle, including the ENTIRE vehicle, including the trunk as well as closed trunk as well as closed containers, AS LONG AS THE containers, AS LONG AS THE POLICE HAD A LEGAL REASON TO POLICE HAD A LEGAL REASON TO STOP THE VEHICLE AND STOP THE VEHICLE AND PROBABLE CAUSE TO SEARCH! PROBABLE CAUSE TO SEARCH!