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Chapter 15Chapter 15

Search WarrantsSearch Warrants

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Search WarrantsSearch Warrants Search warrants fall under the 4Search warrants fall under the 4thth

AmAmendmentendment The police must have “Probable Cause”The police must have “Probable Cause” Must sign an “affadavit” to that effectMust sign an “affadavit” to that effect Must have a Judge approve the warrantMust have a Judge approve the warrant There are time limits on search warrantsThere are time limits on search warrants When evidence is obtained without a When evidence is obtained without a

search warrant the burden is upon the search warrant the burden is upon the government to show that the evidence government to show that the evidence was obtained under one of the was obtained under one of the “established and well delineated “established and well delineated exceptions”exceptions”

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Types of Search WarrantsTypes of Search Warrants

““Daytime” vs “Nighttime” search Daytime” vs “Nighttime” search warrantswarrants

No-Knock or unannounced entriesNo-Knock or unannounced entries Anticipatory search warrantsAnticipatory search warrants ““Sneak and peek” entry warrantsSneak and peek” entry warrants Searches of computers and other Searches of computers and other

documentary evidencedocumentary evidence

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Wiretapping and electronic Wiretapping and electronic surveillance surveillance

Prior to 1968 the United States did not have Prior to 1968 the United States did not have any laws governing any laws governing wiretapping and wiretapping and electronic surveillanceelectronic surveillance. .

In 1968 Congress enacted the Federal In 1968 Congress enacted the Federal Wiretapping and Electronic Surveillance Act. Wiretapping and Electronic Surveillance Act. Most states followed by enacting similar state Most states followed by enacting similar state laws making the following changes in the law laws making the following changes in the law of electronic surveillance:of electronic surveillance:

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Katz v. United StatesKatz v. United States U.S. Congress enacted this act (Federal U.S. Congress enacted this act (Federal

Wiretapping Act) after the FBI had Wiretapping Act) after the FBI had attached an electronic listening device to attached an electronic listening device to a public telephone booth. a public telephone booth.

The U.S. Supreme Court held that this The U.S. Supreme Court held that this was a violation of Katz’s Fourth was a violation of Katz’s Fourth Amendment rights Amendment rights

The decision has to do with the The decision has to do with the PERSON’s right to privacy, NOT the PERSON’s right to privacy, NOT the PLACE.PLACE.

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Aerial Surveillance?Aerial Surveillance?

In 1986 the court ruled that In 1986 the court ruled that information gathered by aircraft of a information gathered by aircraft of a suspects home, was suspects home, was not in violation not in violation of the Fourth Amendment because of the Fourth Amendment because it was a general observation and it was a general observation and therefore admissibletherefore admissible

California v. CiraoloCalifornia v. Ciraolo

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Confrontational telephone Confrontational telephone callscalls

requires cooperation of the witness or requires cooperation of the witness or victim and the victim and the call has to placed call has to placed before criminal charges have been before criminal charges have been filedfiled

IF the call is IF the call is AFTERAFTER charges have been charges have been filed, are “accusatory”, and designed filed, are “accusatory”, and designed to elicit an incriminating statement, the to elicit an incriminating statement, the Massiah RuleMassiah Rule would apply and the would apply and the person would have to be admonished. person would have to be admonished.

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The laws authorize court The laws authorize court orders permitting orders permitting wiretapping and/or wiretapping and/or electronic surveillance by electronic surveillance by law enforcement officers in law enforcement officers in much the same manner as much the same manner as search warrants are issued.search warrants are issued.

The act makes wiretapping The act makes wiretapping and electronic surveillance and electronic surveillance done in done in violation of the violation of the act a felony.act a felony.

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Techniques of lawful Techniques of lawful electronic surveillanceelectronic surveillance

The three primary techniques The three primary techniques of electronic surveillance of electronic surveillance available to law enforcement available to law enforcement agencies are:agencies are:Pen RegistersPen RegistersTrap and Trace Devices Trap and Trace Devices Interception of the Content Interception of the Content of the Messageof the Message

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Situations where court orders Situations where court orders are are not required.not required.

Overheard Conversations Overheard Conversations Undercover officers may Undercover officers may

testify about what was said testify about what was said in their presencein their presence

Use of pocket tape Use of pocket tape recorders and the crime of recorders and the crime of briberybribery

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Situations where court orders Situations where court orders are not required cont….are not required cont….

When one party to a telephone When one party to a telephone conversation consents to the conversation consents to the police listening and/or police listening and/or recording the conversationrecording the conversation

Obtaining evidence by use of Obtaining evidence by use of the confrontational telephone the confrontational telephone callcall

Using body wires or radio Using body wires or radio transmitterstransmitters

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Kyllo v U.S.Kyllo v U.S.

Use of Use of THERMAL THERMAL ImagingImaging devices are devices are RESTRICTED and a RESTRICTED and a warrant must be warrant must be obtained.obtained.

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Obtaining evidence by use of Obtaining evidence by use of dogs trained to indicate an dogs trained to indicate an

alertalert Drug and Bomb Detection DogsDrug and Bomb Detection Dogs

In using dog-detection In using dog-detection evidence in criminal courts, evidence in criminal courts, keeping and maintaining keeping and maintaining updated records on the dog updated records on the dog and its handler is essential and its handler is essential because the challenge to this because the challenge to this evidence generally is the evidence generally is the dog’s dog’s reliabilityreliability..

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Obtaining evidence by use of dogs Obtaining evidence by use of dogs trained to indicate an alert cont..trained to indicate an alert cont..

Testimony on the dog reliability:Testimony on the dog reliability:The training that the dog The training that the dog received to detect the odors received to detect the odors for particular drugsfor particular drugs

The dog’s success rate in The dog’s success rate in detecting these drugsdetecting these drugs

The method used to train the The method used to train the dog to indicate an alertdog to indicate an alert

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Obtaining evidence by use of dogs Obtaining evidence by use of dogs trained to indicate an alert cont…trained to indicate an alert cont…

Whether the dog alerted in the Whether the dog alerted in the proper mannerproper manner

Proof of the dog’s certification Proof of the dog’s certification Proof that the dog has continued Proof that the dog has continued to meet certification to meet certification requirements and has continued requirements and has continued to receive necessary training on a to receive necessary training on a regular basis.regular basis.