Hess10 chap4

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  • 1. Chapter 4SearchesHess 4-1

2. Introduction Supreme Court defined a search as a governmentalinfringement 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 againstcriminals is obtained Every search must be firmly based on an understandingof the restrictionsHess 4-2 3. Legal Searches and the Fourth AmendmentLEGAL OVERVIEW Balance between individual liberties and the rights ofsociety Meant to ensure citizens dignity and privacy Courts are bound by rules Legality of a search must always be kept in mind Systematic and thoroughHess 4-3 4. Basic Limitation on SearchesSCOPE 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 trialHess 4-4 5. UNREASONABLE SEARCHES Courts enforce the prohibition against unreasonablesearches Affects illegally seized evidenceTHE INEVITABLE DISCOVERY EXCEPTION Inevitable-discovery doctrine Intent of the exclusionary ruleHess 4-5The 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 doctrineHess 4-6The Exclusionary Rule 7. Justification for Reasonable SearchesSEARCH WITH A WARRANT Search warrant has been issued Consent is given Officer stops a suspicious person and believes theperson may be armed Search is incidental to a lawful arrest Emergency existsHess 4-7 8. Justification for Reasonable SearchesSEARCH 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 SearchesPATDOWN 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 dangerousHess 4-9 10. Justification for Reasonable SearchesSEARCH INCIDENT TO ARREST Immediate control area Protective sweep, or Buie sweepSEARCH IN AN EMERGENCY SITUATION No time to secure a warrant Imminent danger to public safety Medical emergenciesHess 4-10 11. Justification for Reasonable SearchesSEARCH 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 connectionHess 4-11 12. Justification for Reasonable SearchesWARRANTLESS 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 contemporaneouswith lawful arrests Inventory searchesHess 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 committedHess 4-13The Crime Scene Search 14. ORGANIZING THE CRIME SCENE SEARCH Dividing the duties Selecting a search pattern Assigning personnel Giving instructionsHess 4-14The 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 acrime Frequently found on or near a dead body Elephant-in-a-matchbox doctrineHess 4-15The 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 patternHess 4-16Search Patterns 17. INTERIOR SEARCHES General to specific Circular pattern Cover all surfaces Floor should be searched firstHess 4-17Search Patterns 18. GENERAL GUIDELINES Systematic search covering entire areaPLAIN-SENSE EVIDENCE Plain-view evidence Plain feel/touch Plain smell Plain hearingHess 4-18Search Patterns 19. Other Types of Investigatory SearchesBUILDING 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 funnelHess 4-19 20. Other Types of Investigatory SearchesTRASH 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 agencys legal advisorsHess 4-20 21. Other Types of Investigatory SearchesVEHICLE SEARCHES Remove occupants Search area around vehicle Search exterior Side from front to back Return along the otherside to the frontHess 4-21 22. Other Types of Investigatory SearchesSUSPECT 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 searchHess 4-22 23. Other Types of Investigatory SearchesDEAD BODY SEARCHES Done only after the coroner or medical examiner hasarrived Coroner has given permission Search around and beneath the body after removal Policy determines the extent of a search Search systematically and completelyHess 4-23 24. Other Types of Investigatory SearchesUNDERWATER SEARCHES Limited visibility Extreme water temperature Swift currents and hazardous materials Crime scene or accident scene Metal detectorsHess 4-24 25. VALUABLE FORCE MULTIPLIER Trained to detect drugs andother chemicals Locate suspects Narcotics Explosives Cadavers and moreHess 4-25Use of Dogs in a Search 26. RECOGNIZED EXCEPTIONS No search Independent justification Exigent circumstances Fleeing targetHess 4-26Warrant Checklist 27. OVERVIEW Fourth Amendment Officers actions must be reasonable Outline details Present full situation Totality of the circumstancesHess 4-27A Reminder 28. Summary Fourth Amendment to the Constitution forbidsunreasonable searches and seizures Investigators must know what constitutes a reasonable,legal search The scope must be narrow; general searches areunconstitutional Search patterns have been developed that help ensurea thorough search Always be on your guardHess 4-28