Chapter 4 - Searches

Underwater Searches "Limbs and Fists are Straight, This Indicates the Person May have Been Killed"

If divers find a victim under water whose limbs and fists are straight, this indicates the person may have been killed on land and rigor mortis had set in before the body was submerged.

Chimel v. California (1969)"Lungeable" or "Grabbable" area

In the case of Chimel v. California (1969), the decision established that a search incidental to a lawful arrest must be made simultaneously with the arrest and must be confined to the area within the suspect's immediate control. A person's immediate control encompasses the area within the person's reach. You'll often hear that the person's reach is also known as the "lungeable" or "grabbable" area.

Zone or Sector Search

In the zone or sector search, and area is divided into equal squares on a map of the area, and each square is numbered. Search personnel are assigned to specific squares.

Revoke the Consent at Any Time during the Search

It is advisable that officers carefully document everything they say and do while asking for consent and while conducting the search. If possible, the officers or detectives should have the person giving consent sign something to that effect. Some officers use a prepared consent form to be signed by the person giving consent. You must remember that the government has the burden of proving a person voluntarily consented to a search. The person may revoke the consent at any time during the search.

"Plain-Feel/Touch" Exception" Minnesota v. Dickerson (1993)

is an extension of the plane-view exception. "Anywhere a law enforcement officer has a right to be, he has a right to see through the use of any of his unaided senses." If a police officer lawfully pats down a suspect's outer clothing and feels an object that he immediately identifies as contraband - in other words, plain feel/touch evidence - a warrantless seizure is justified because there is no invasion of the suspect's privacy beyond that already authorized by the officer's search for weapons (Minnesota v. Dickerson - 1993).

Physical (real) Evidence (See, Feel, Examine, etc)

is anything material and relevant to the crime being investigated. Evidence is often found on or near the route used to and from a crime.

Physical (real) Evidence "Unimpeachable Witness"

is the "unimpeachable witness" that is not influenced by faulty memories, prejudices, poor vision, or a desire to stay uninvolved.

Amendment 4 - Search and Seizure. US Constitution

ratified 12/15/1791.

Preserves all Evidence

During a search, do not change or contaminate physical evidence in any way, or it will be declared inadmissible. Maintain the chain of custody of evidence from the initial discovery to the time of the trial.

Search with a Warrant

Technically, according to the Fourth Amendment, all searches are to be conducted under the authority of a warrant. However, you must know that there are exceptions to having a warrant.

Forbids Unreasonable Searches and Seizures

the Fourth Amendment to the U.S. Constitution forbids unreasonable searches and seizures. The key word here is unreasonable. The Fourth Amendment strikes a balance between individual liberties and the rights of society.

United States v. Martinez-Fuerte (1976) "Checkpoints at theCountry's Borders were Constitutional"

the Supreme Court ruled that checkpoints at the country's borders were constitutional because they served the national interest and that this interest outweighed the checkpoint's minimal intrusion on driver privacy.

California v. Greenwood (1988) Trash or Garbage Containers on Private Property May NOT be Searched Without a Warrant.

the Supreme Court ruled that containers left on public property are open to search by police without a warrant. The Supreme Court ruled that such a search does not constitute a violation of the Fourth amendment or a reasonable expectation of privacy. Trash or garbage containers on private property may not be searched without a warrant.

K-9 United States v. Place (1983) "Luggage"

the Supreme Court ruled that exposure of luggage located in a public place to a police K-9 sniff was not a search within the meaning of the Fourth Amendment. The "sniff" of a properly trained narcotics detection dog does not constitute a search within the meaning of the Fourth Amendment.

Michigan v. Sitz (1990) "Brown Balancing Test"

the court established that sobriety checkpoints to combat drunken driving were reasonable under the Brown balancing test if they met certain guidelines. However, the same cannot be said for checkpoints regarding drugs.

(Justified) Search

A search can be justified and therefore considered legal if any of the following conditions are met: A search warrant has been issued. Consent is given. An officer stops a suspicious person and believes the person may be armed. The search is incidental to a lawful arrest. An emergency exists.

Consent once Removed"

A form of consent with which officers should be familiar is the "consent once removed" exception to the search warrant requirement. Under this exception, officers can make a warrantless entry to arrest a suspect if consent to enter was given earlier to an undercover officer or informant.

Search (Limited)

A search conducted with a warrant must be limited to the specific area and specific items named in the warrant.

Probable "Reasonable Cause to Believe"

Probable cause is also known as "reasonable cause to believe." However, it is probably more common to use probable cause.

"Reasonable Caution"

Probable cause is what would lead a person of "reasonable caution" to believe that something connected with a crime is on the premises or person to be searched.

Weather

Driving rains, freezing or sweltering temperatures, blowing snow - all may entice an officer to hurry through a search.

(Florida v. Jimeno - 1990) Moving Vehicle (Stop)

During a stop of a moving vehicle, if officers have probable cause, they may search the vehicle and any closed containers in it. If probable cause does not exist, officers may be able to obtain voluntary consent to search the vehicle, including any closed containers (Florida v. Jimeno - 1990). The driver must be competent to give such consent. If the driver remained silent, this shall not constitute consent. Further, if at any time the driver rescinds consent, the search must cease.

Plain-Smell Rationale" United States v. Lueck (1982)

Evidence may also be seized if an officer relies on a sense other than sight. For example, a customs officer who smells marijuana coming from the package has probable cause to make an arrest under a "plain-smell" rationale (United States v. Lueck - 1982).

New York State, a Search Warrant are as Follows

Search warrants are valid for 10 days. Generally, search warrants must be executed between the hours of 6 AM and 9 PM. If you must execute a search warrant between the hours of 9 PM and 6 AM, a night time endorsement must be made to the warrant. Should there be any possibility of the three "E's" (Escape of any suspects, Endangerment to the officers, or Evidence may be destroyed), the officers do not have to announce their presence when executing the search warrant. The endorsement of this kind of search warrant is called a "No Knock" search warrant. Thus, the officers will generally break down the door without announcing their presence to gain access of the place to be searched.

Dead Body Searches "After the Coroner or Medical Examiner (ME) has Completed his Inquiry and When He Gives Permission"

Searching a dead body should be done only after the coroner or medical examiner (ME) has completed his inquiry and when he gives permission. Make sure you search a dead body systematically and completely. Include the immediate area around and under the body. In addition, after the body has been removed, don't forget to search the area around and beneath where the body was.

Vehicle Searches

Should a vehicle be occupied, remove the occupants from the car. Before entering a vehicle, search the area around it for evidence related to the crime. Next, examine the vehicle's exterior for fingerprints, dents, scratches, or hairs and fibers. Finally, search the vehicle's interior, following the same procedures used in searching a room. Then, vacuum the car before getting into it. Package collections from different areas of the car separately.

The Exclusionary Rule

The exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. In the case of Weeks v. United States (1914), the Court made the rule applicable at the federal level. The case of Mapp v. Ohio (1961), made it applicable to all courts.

Floor "Searched FIrst" usually produces the most evidence, followed by doors and windows.

The floor should be searched first, (especially since you must walk on it). In making an interior search, look closely at all room surfaces, including the floor, ceiling, walls, and all objects on the floor and walls.

Pat Down or Frisk during a "Stop" Terry v. Ohio

The landmark decision concerning stop and frisk incidences stem from the case of Terry v. Ohio in 1968. The court established police officers' right to pat down or frisk a person they have stopped to question if they believe the person might be armed and dangerous. The prime requisite for stopping, questioning, and possibly frisking someone is "reasonable suspicion." Reasonable suspicion is a lesser standard than probable cause. Usually during a Terry stop, law enforcement officers ask those they detain to identify themselves

Exigent circumstances New York v. Quarles (1984)

There must be reason to believe a real emergency exists requiring immediate action to protect or preserve life or to prevent serious injury. An entry or search must not be motivated primarily by a wish to find evidence. There must be a connection between the emergency and the area entered or searched.

Valid Search Warrant (Probable Cause) Probable cause is more than reasonable suspicion.

To obtain a valid search warrant, officers must appear before a judge and establish probable cause to believe that the location contains evidence of a crime and specifically described that evidence. In an emergency situation, officers may obtain a search warrant via the telephone. Probable cause is more than reasonable suspicion.

Carroll v. United States (1925) "Vehicle's Mobility"

Warrantless searches are often justified because of a vehicle's mobility, that is, the vehicle can be easily moved. The precedent for a warrantless search of an automobile was established in the case of Carroll v. United States (1925). This decision established that automobile's may be searched without a warrant if there is probable cause for the search and the vehicle would be gone before a search warrant could be obtained.

Inventory searches

When police take custody of the vehicle or other property, the courts have upheld their right to inventory such property for the following reasons: To protect the owner's property. To protect the police from disputes and claims that the property was stolen or damaged. To protect the police and the public from danger. To determine the owner's identity.

New York v. Quarles (1984) Eemergency or Exigent Circumstances"

a warrantless search in the absence of a lawful arrest or consent is justified only in emergency or exigent circumstances where probable cause exists and the search must be conducted immediately.

Needles

before you place your hands in a suspect's pocket, coat, etc., always ask if they possess anything that can harm you. Use your pen or other similar device to open the pocket and visually inspect to ensure that it is okay to place her hand inside. If a needle or similar device must be removed, wear gloves and be especially careful when handling the item.

Exterior Searches

can cover small, large, or vast areas. Regardless of the dimensions, the area to be searched can be divided into sub areas and diagramed on paper. Exterior search patterns divide an area into lanes, concentric circles, or zones.

Building Searches

decide on the least dangerous time of day for the suspect, the police, and the neighborhood. Do not treat the execution of a search warrant as routine. Always plan for the worst-case scenario. Think safety first and last. Have a plan before entering the building. Secure the outside perimeter and as many exits as possible. Secure each area as it is searched.

"Fruit of the Poisonous Tree" Doctrine

established that evidence obtained as a result of an earlier illegality must be excluded from trial.

"Inevitable-Discovery Doctrine"

established that if illegally obtained evidence would in all likelihood eventually have been discovered legally, it may be used.

"The Good-Faith Doctrine"

established that illegally obtained evidence may be admissible if the police were truly not aware they were violating a suspect's Fourth Amendment rights.

AIDS, Hepatitis, or other Infectious Diseases

extra precaution should be adhered to such as the use of specialized equipment such as goggles, masks, gloves, etc. to reduce personal contact with blood and other bodily fluids. In addition, be careful that the suspect does not spit on you.

Goal of Any Search During an Investigation

is to discover evidence that helps to: Establish that a crime was committed and what the specific 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.

Search

is to go over or look through for the purpose of finding something. Investigators may make many kinds of searches. They search crime scenes, suspects, dead bodies, vehicles, hotel rooms, apartments, homes, offices, etc.

"Plain-View Evidence" United States v. Henry (1958)

is unconcealed evidence seen by an officer engaged in a lawful activity. Generally, plain-view evidence is admissible in court as per the case of United States v. Henry (1958). Although the Fourth Amendment prohibits unreasonable intrusions into a person's privacy, the precedent for plain-view evidence was established in Katz v. United States (1967). The Supreme Court held: "The Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection."

New York v. Belton (1981) (Vehicle)

it established that the vehicle of a person who has been arrested can be searched without a warrant. "When a policeman has made a lawful custodial arrest of the occupant of an automobile, he made, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile. It follows from this conclusion that the police may also examine the contents of any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach."

New York v. Belton (1981)

the Supreme Court ruled that searches of vehicles incident to and contemporaneous with a lawful arrest are valid: "Once an officer determines that there is probable cause to make an arrest, it is reasonable to allow officers to ensure their safety and to preserve evidence in searching the entire passenger compartment."

Knowles v. Iowa (1998) "Citation Instead of Making an Arrest"

the Supreme Court ruled that when an officer issues a citation instead of making an arrest, a full search of the driver's car violates the Fourth Amendment.

Michigan v. Summers (1981)

the Supreme Court stated: "We hold that a warrant to search for contraband founded on probable cause carries with it the limited authority to detain the occupants of the premises while a proper search is conducted."

Maryland v. Buie (1990) "Protective Sweep, or "Buie Sweep"

the court expanded the area of the premises search following a lawful arrest to ensure officers' safety. In this case, the US Supreme Court added authority for the police to search areas immediately adjoining the place of arrest. Such a protective sweep, or "Buie sweep," is justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers. The search must be confined to areas where a person might be hiding.

Basic Limitation on Searches

the most important limitation on any search is that the scope must be narrow. General searches are unconstitutional. For the most part, it cannot be a fishing expedition.

Three "E's" (Escape of any suspects, Endangerment to the officers, or Evidence may be destroyed)

the officers do not have to announce their presence when executing the search warrant.

Probable Cause

the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A True, or Uncontaminated Scene

the scene is considered to be a true, or uncontaminated, scene; that is, no evidence has been introduced into it or taken from it except by the person who committed the crime.

Circle Search

which begins at the center of an area to be searched and spreads out in ever-widening concentric circles. For example, if this search needs to be done outdoors, a wooden stake with a long rope is driven into the ground at the center of the area to be searched. Knots are tied in the rope at selected regular intervals as a reference point or means of measurement.

Curtilage as "The Area to Which Extends the Intimate Activity Associated with the Sanctity of a Man's Home and the Privacies of Life"

Generally speaking, curtilage includes the area surrounding a home. Thus, curtilage is that portion of the residence that is not open to the public. It is reserved for private owner or family use, and an expectation of privacy exists.

"Stop and Frisk Report"" UF-250" or "250" The person stopped must be about to commit, is committing, or had committed a crime in the New York State Penal Law. Remember that a crime in the New York State Penal Law is either a felony or misdemeanor.

Generally, in the NYPD, officers must prepare a "Stop and Frisk Report" also known in police lingo as a "UF-250" or "250." In a stop and frisk situation, the following must apply:

Probable Cause for Two Basic Things

Generally, you need probable cause for two basic things: 1. To obtain a search warrant. 2. To effect an arrest.

Thorough Search

If you arrest a suspect, conduct a complete body search for both weapons and evidence. A complete body search often includes taking samples of hair and fingernail scrapings as well as testing for firearm residue when appropriate. However, and from a procedural perspective, you should respect the dignity of the suspect while you conduct the pat down or search, but do not let your guard down.

Suspect Searches

Before conducting any search, ask the suspect if he has anything on him personally that could get the officer injured such as needles, blades, or any other instrument or weapon. Remember, not everything that looks innocent is innocent. There are many innocent looking items that can actually injure or kill police officers because they are cutting instruments and firearms disguised as pagers, pens, belt buckles, etc.

Consent to Search

Consent to search must be voluntary, and the search must be limited to the area for which consent is given.

"Totality of the Circumstances"

The test for probable cause under the Fourth Amendment should be a "totality of the circumstances" test. This is a principle upon which a number of legal assessments are made; it refers to the sum total of factors leading a reasonable person to a course of action.

Strip Searches Males get Searched by Male Police Officers in Front of the Desk Officer. Females get Searched by Female Police Officers or Female Matrons in a Private Area of the Station House, Usually the Cell Area or a Bathroom. NYPD NO Circumstances allowed to Conduct a Body Cavity Search.

may be conducted only after an arrest and when the prisoner is in a secure facility. Such searches should be conducted by individuals of the same gender as the suspect and in private and should follow written guidelines. Remember that a strip search is essentially getting the suspect down to his underwear. From a procedural standpoint, when a person is arrested, the following is adhered to (NYPD policy at the station house) If necessary, conduct a body cavity search this would have to be done at a NYC Department of Corrections facility or a hospital.

Lane-Search Pattern

partitions the area into lanes, using stakes and string (if outdoors). The lane tends to be a narrow strip and can be imaginary. Lane-searches can also be modified to form a grid whereby the area is crisscrossed.

"Elephant-in-a-Matchbox" Doctrine

requires that searchers consider the probable size and shape of evidence they seek because, for example, large objects cannot be concealed in tiny areas (such as looking for a shotgun in a small drawer or glove compartment). It may also result in violating the Fourth Amendment requirements on reasonable searches.

K-9 Dogs in a Search Illinois v. Caballes (2005)

the Supreme Court confirmed that a dog sniff was not a search under the Fourth Amendment. Fourth Amendment rights were not violated.