227 Laws on Warrantless Searches

Exclusionary Rule

If Judge determines 4th amendment rights have been violated, any evidence obtained will be suppressed

Automobile Searches

If police have PC, they do not need a search warrant even if they have time and opportunity to do so. Basis for the rule is the lessened expectation of privacy

Reasonable expectation of privacy

Exists if the defendant has a subjective expectation of privacy in the object of the search and that expectation is one that society is prepared to recognize as reasonable There is no easy rule for making this determination Meaning to an Officer: Test is one of reasonableness on its own facts and circumstances

Exigent Circumstances

General Rule: A warrantless entry by law enforcement officials may be legal where there is a compelling need for official action and no time to secure a search warrant. The degree of intrusion is limited to dealing with the emergency that justified the intrusion. -Stop a crime in progress, prevent loss of evidence, prevent suspect escape, protect others from harm Contraband nature has to be apparent

People v Frederick

A knock and talk cannot occur predawn A too early knock and talk violates the subsequent consent to search the home

Terry Frisk

After a valid investigatory stop, an officer may perform a limited patdown search for weapons if the officer has reasonable suspicion that the individual stopped for questioning is armed and thus posed a danger to the officer Involves the outer/exterior clothing

Consent Search Exceptions

After giving consent, the person may subsequently revoke consent Consider developing a standard consent to search form that you take with you on the road. Ask an experienced partner if they have one you can copy or a detective in your department.

Caution on Consent Searches

An officer's statement that " i will get a search warrant if you refuse to consent" will render the search invalid A decision to seek a search warrant is different

Attenuating or Intervening Cause Exception

Applies when there is some intervening event that breaks the link between the illegal seizure and the seizure of the evidence

Body Cavity Searches

Cannot be conducted without a search warrant Conducted by a nurse or physician

How to trigger the 4th amendment

Government action taken Reasonable expectation of privacy

Inevitable Discovery Exception to the Exclusionary Rule

Evidence may be admitted if it would have "inevitably been discovered through other police techniques

Plain View

Evidence observed by an officer after a valid intrusion Officer must have the right to be where the item in plain view is being seen Must be immediately apparent - Probable cause that the item is in fact evidence

Consent Searches

It is the people's burden to prove a voluntary waiver Consent is a question of voluntariness under the totality of the circumstances You do not have to tell a person that they have the right to refuse Consent is limited to the area specified by the one consenting Revocation of consent does not invalidate the search up to that point

Search incident to arrest

Limited to an arrestee's person and the area within his immediate control, including containers, is an exception to the warrant requirement Searches that could be made at the time of an arrest may be conducted when the accused arrives at the place of detention

Containers

Must have written policy mandating opening of closed containers

Blood Searches

Never take blood from a suspect without consent or a warrant Form blood search warrants Blood samples are admissible in court regardless of whether the person was offered or refused a chemical test

Open View

No intrusion whatsoever See evidence laying in the hallway of an apartment building

Terry Stop

Officer observes unusual conduct which leads him to reasonably conclude that criminal activity may be afoot, the officer may conduct an investigatory stop

Emergency Aid

Officers may enter when they believe a person within is in need of immediate aid

Applicability of the Fourth Amendment

Only applies to "state action" Actions by police officers or governmental officials

Blood Searches - Important Cases

People v. Hanna - Can use force during a blood search warrant People v. Philabaun - If defendant will not comply with blood search warrant, they can be charged with R & O

Administrative Searches

Pursuant to a statutory scheme to regulate a particular industry or business Require no probable cause as long as they meet the standards

General Guide for warrantless search

Search must be reasonable and consistent with existing exigent circumstances

School Searches

Search of student or locker requires reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law, or school rules School district must adopt a policy on searches

Exceptions to the Search Warrant

Stop & Frisk Plain Feel Doctrine Border Searches Strip Searching Body Cavity Searches Administrative Searches School Searches Plain View Doctrine Open View Doctrine Automobile Exception

United States v Jones

Supreme Court found that the government's placing a GPS onto the defendants car constituted a search because the government physically occupied private property for the purpose of obtaining information

Chimel v. California

Suspect arrested at house and police searched entire house RULE: When the police arrest a suspect, they may search any area within his grabbing range, not just his person USSC ruled you cannot search entire house

Good Faith Exception

The admission of evidence seized in a reasonable, good-faith reliance on a search warrant ultimately found to have been defective is not prohibited by the exclusionary rule A defect in the warrant itself will not lead to suppression of the evidence if the officers were acting in good faith reliance upon that warrant

Inventory Search

The purpose is to protect the police against false claims. Not to collect evidence Must be conducted within departmental procedure

Pretext Stop: Whren v. US

The temporary detention of a motorist upon probable cause to believe that he has violated the law does not violate the 4th amendments prohibition against unreasonable stops even if a reasonable officer would not have stopped the motorist absent some additional law enforcement objective.

Definition of Probable Cause

There is a fair probability that contraband or evidence of a crime will be found in a particular place

Arizona v. Gant

USSC imposed strict limitations on searches of vehicles An arrest of a vehicle occupant (or recent vehicle occupant) no longer authorizes a search of the passenger compartment Search incident to arrest of the passenger compartment can occur in one of two limited situations: The arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search The interior of the vehicle can be searched incident to arrest if there is a " reasonable basis" to believe it contains evidence for which the occupant was arrested, which appears to require a showing of less than probable cause.

Judicial Review of searches without a warrant

Whether the search was reasonable under the totality of the circumstances Cannot use the results of the search to support the search