Chapter 04

Chapter 4

Searches

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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

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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

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Legal Searches and the Fourth Amendment

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

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Basic Limitation on Searches

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

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The Exclusionary Rule

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

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The Exclusionary Rule

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

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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)

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PATDOWN OR FRISK DURING A STOP• Suspicious circumstances• Identify someone wholooks like a suspect• Reasonable suspicion• Terry v. Ohio (1968)

Terry stop Might be armed and dangerous

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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

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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

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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

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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

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The Crime Scene Search

ORGANIZING THE CRIME SCENE SEARCH

• Dividing the duties• Selecting a search pattern• Assigning personnel• Giving instructions

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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

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EXTERIOR SEARCHES• Small, large areas• Can be divided• Diagrammed on paper• Lane-search pattern• Circle-search pattern• Zone- or sector-search pattern

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Search Patterns

INTERIOR SEARCHES• General to specific• Circular pattern• Cover all surfaces• Floor should be searched first

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Search Patterns

GENERAL GUIDELINES• Systematic search covering entire area

PLAIN-SENSE EVIDENCE• Plain-view evidence• Plain feel/touch• Plain smell• Plain hearing

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Search Patterns

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”

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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

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VEHICLE SEARCHES• Remove occupants• Search area around vehicle• Search exterior• Side from front to back• Return along the other

side to the front

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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

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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

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UNDERWATER SEARCHES• Limited visibility• Extreme water temperature• Swift currents and hazardous materials• Crime scene or accident scene• Metal detectors

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VALUABLE FORCE MULTIPLIER• Trained to detect drugs and

other chemicals• Locate suspects• Narcotics• Explosives• Cadavers and more

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Use of Dogs in a Search

RECOGNIZED EXCEPTIONS• No search• Independent justification• Exigent circumstances• Fleeing target

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Warrant Checklist

OVERVIEW• Fourth Amendment• Officers’ actions must be reasonable• Outline details• Present full situation• Totality of the circumstances

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A Reminder

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

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Documents

Chapter 04