28
Chapter 4 Searches Hess 4-1

Hess10 chap4

Embed Size (px)

Citation preview

Page 1: Hess10 chap4

Chapter 4

Searches

Hess 4-1

Page 2: Hess10 chap4

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

Page 3: Hess10 chap4

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

Legal Searches and the Fourth Amendment

Page 4: Hess10 chap4

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

Basic Limitation on Searches

Page 5: Hess10 chap4

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

Page 6: Hess10 chap4

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

Page 7: Hess10 chap4

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

Justification for Reasonable Searches

Page 8: Hess10 chap4

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

Justification for Reasonable Searches

Page 9: Hess10 chap4

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

Justification for Reasonable Searches

Page 10: Hess10 chap4

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

Justification for Reasonable Searches

Page 11: Hess10 chap4

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

Justification for Reasonable Searches

Page 12: Hess10 chap4

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

Justification for Reasonable Searches

Page 13: Hess10 chap4

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

Page 14: Hess10 chap4

ORGANIZING THE CRIME SCENE SEARCH

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

Hess 4-14

The Crime Scene Search

Page 15: Hess10 chap4

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

Page 16: Hess10 chap4

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

Page 17: Hess10 chap4

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

Hess 4-17

Search Patterns

Page 18: Hess10 chap4

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

Page 19: Hess10 chap4

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

Other Types of Investigatory Searches

Page 20: Hess10 chap4

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

Other Types of Investigatory Searches

Page 21: Hess10 chap4

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

Other Types of Investigatory Searches

Page 22: Hess10 chap4

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

Other Types of Investigatory Searches

Page 23: Hess10 chap4

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

Other Types of Investigatory Searches

Page 24: Hess10 chap4

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

Hess 4-24

Other Types of Investigatory Searches

Page 25: Hess10 chap4

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

Page 26: Hess10 chap4

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

Hess 4-26

Warrant Checklist

Page 27: Hess10 chap4

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

Hess 4-27

A Reminder

Page 28: Hess10 chap4

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