Criminal Investigation - Ch. 4
"Not extreme. Not arbitrary, capricious or confiscatory"
Public Service Comm'n v. Havemeyer, 1936
The __________________ decision established that a search of a cell phone seized incident to a lawful arrest, in the absence of consent or an emergency situation, requires a warrant.
Riley
The Court ruled in Georgia v. Randolph that police may not legally search a home when one physically present resident consents but another physically present resident objects.
The objection overrides the consent.
When should a dead body be searched?
after the coroner has given permission
Terry stop
detaining, questioning, and possible frisking of an individual based on an officer's reasonable suspicion of that individual's involvement in criminal activity.
particularity requirement
dictates that a search conducted with a warrant must be limited to the specific area and specific items named in the warrant, as held in Stanford v. Texas (1965).
Which doctrine requires that searchers consider the probable size and shape of evidence they seek?
elephant-in-a-matchbox
exigent circumstances
emergency situations; they do not require a warrant.
Exterior search patterns divide an area into
lanes, strips, concentric circles, or zones.
totality of circumstances
principle upon which a number of legal assessments are made; refers to the sum total of factors leading a reasonable person to a course of action.
"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.
no-knock warrant
search warrant that contains a special provision permitting officers to execute the warrant without first announcing themselves.
patdown
see frisk
uncontaminated scene
see true scene
reasonable
sensible, rational, and justifiable.
Which amendment to the U.S. Constitution forbids unreasonable searches and seizures?
the Fourth Amendment
plain-view evidence
unconcealed evidence that is seen by an officer engaged in a lawful activity.
If no one has entered the scene between the time the crime was committed and when the police arrived, and if the scene was immediately secured, the scene is considered a(n) _____.
uncontaminated scene
The Fourth Amendment to the U.S. Constitution forbids _____________ searches and seizures and requires that legal searches and seizures be based on probable cause.
unreasonable
probably cause
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.
The "reasonable expectation of privacy" implied in the Fourth Amendment was first explained by the Supreme Court in Katz v. United States (1967),
when it held that what "a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ...
immediate control
within a person's reach
The precedent case for search and seizure of abandoned property and open fields is Hester v. United States (1924), in which the Court held that
"The special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers and effects,' is not extended to the open fields." This exception includes property disposed of in such a manner as to relinquish ordinary property rights.
Smith v. United States (1949) defined probable cause as
"The sum total of layers of information and the synthesis of what the police have heard, what they know and what they observe as trained officers. We [the Court] weigh not individual layers but the laminated total."
In Brinegar, the Court referenced Chief Justice John Marshall's observation in Locke v. United States (1813) that probable cause "means less than evidence which would justify condemnation or conviction," then added,
"[s]ince, Marshall's time, at any rate, it has come to mean more than bare suspicion."
The Court has described probable cause as being a
"fluid concept—turning on the assessment of probabilities in particular factual contexts—not readily, or even usefully, reduced to a neat set of legal rules" (Illinois v. Gates, 1983).
The Supreme Court has established requirements for using informants in establishing probable cause. In Aguilar v. Texas (1964), the Court adopted a two-pronged test:
(1) is the informant reliable/credible? and (2) is the information believable? This two-pronged approach was upheld in Spinelli v. United States (1969) when the Court ruled that the affidavit of the Federal Bureau of Investigation (FBI) for a warrant was insufficient to establish probable cause because there was not enough information to adequately assess the informant's reliability.
The Carroll decision established that automobiles may be searched without a warrant if
(1)there is probable cause for the search, and (2)the vehicle would be gone before a search warrant could be obtained.
The knock-and-announce rule is intended
(1)to protect citizens' right to privacy, (2)to reduce risk of possible violence to police and residence occupants, and (3)to prevent needless destruction of private property.
The Fourth Amendment contains two clauses of importance to search-and-seizure issues:
*The Reasonableness Clause: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated." *The Warrant Clause: "[A]nd 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 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 (frisk). -It is incidental to a lawful arrest. -An emergency or exigent circumstance exists. -The search is of a moveable vehicle (automobile exception). -It is for inventory purposes. -It occurs at a point of entry into this country (border crossings, airports, ports). -The search involves an officer using "plain sense" (sight, sound, smell, touch). -It involves open fields, abandoned property, or a public place (i.e., there exists no reasonable expectation of privacy).
A keen sense of smell enables a dog to complete a building search in _____ when it would otherwise take two or three officers an hour to conduct the same search.
10 minutes
Probable cause (to arrest) exists when the facts and circumstances within the officers' knowledge and of which they had reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed
Brinegar v. United States, 1949
"That which is fair, proper, just, moderate, suitable under the circumstances, fit and appropriate to the end in view, having the faculty of reason, rational, governed by reason not immoderate or excessive, honest, equitable, tolerable"
Cass v. State, 1933
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.
Chimel
The ____________________ decision established that a patdown or frisk is a "protective search for weapons" and as such must be "confined to a scope reasonably designed to discover guns, knives, clubs and other hidden instruments for the assault of a police officer or others."
Terry
The exclusionary rule established that the police cannot introduce evidence into court obtained by an unreasonable search and seizure, regardless of how relevant it is to a case. What was the finding of Mapp v. Ohio with regard to this rule?
The exclusionary rule applied also to courts at the state level.
The foundation of legal search and seizure rests in the Fourth Amendment to the U.S. Constitution, which states:
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.
The most important factor in determining the legality of a warrantless trash inspection is the physical location of the retrieved trash. Police cannot trespass to gain access to the trash location, and, generally, the trash must not be located within the curtilage, which the Supreme Court has described as "the area to which extends the intimate activity associated with the sanctity of a man's home and the privacies of life." In other words, curtilage is that portion of a residence that is not open to the public. Which court case further defined the curtilage question?
United States v. Dunn
The Fourth Amendment requires the issuance of search warrants wherein technology aids in effectuation of an investigation. In which of the following cases does the Court affirm that attaching a global positioning system device to a suspect's vehicle in an effort to obtain information requires a search warrant?
United States v. Jones (2012)
"The touchstone of the Fourth Amendment is reasonableness, and the reasonableness of a search is determined 'by assessing, on the one hand, the degree to which it intrudes upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests'"
United States v. Knights, 2001
The exclusionary rule established that courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.
Weeks v. United States (1914) made the rule applicable at the federal level; Mapp v. Ohio (1961) made it applicable to all courts.
seizure
a taking by law enforcement or other government agent of contraband, evidence of a crime, or even a person (via arrest) into custody.
search
an examination of a person, place, or vehicle for contraband, illicit, or stolen property, or some evidence of a crime to be used in prosecuting a criminal action or offense; by its very nature an intrusion into one's privacy.
nightcapped warrant
court-approved stipulation that an arrest or search warrant may be carried out at night.
true scene
crime scene where no evidence has been introduced or removed except by the person(s) committing the crime.
"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.
good-faith doctrine
established that illegally obtained evidence may be admissible if the police were truly not aware that they were violating the suspect's Fourth Amendment rights.
exclusionary rule
established that the courts cannot accept evidence obtained by unreasonable searches and seizures, regardless of its relevance to the case (Weeks v. United States; Mapp v. Ohio).
frisk
external search of an individual's clothing; also called a patdown.
United States v. Leon determined that evidence that is illegally obtained by the police may be admissible in court if the police were truly not aware they were violating a suspect's Fourth Amendment rights due to a faulty warrant. This is referred to as the _____.
good-faith doctrine
Chambers v. Maroney (1970) established that a vehicle may be taken to ________________________ to be searched for inventory purposes.
headquarters
In Nix v. Williams, the Supreme Court reviewed a case in which police persuaded a defendant to make incriminating statements and reveal where he had left a 10-year-old victim's body. The Court ruled that because a widespread search was already taking place for the body, evidence (the body) stemming from Williams' statements was allowed. This ruling created which exception to the exclusionary rule?
inevitable-discovery doctrine
Dogs can track and capture suspects and are ideally suited to assist in searching _____.
large areas with poor visibility
A lane search, in which the area is partitioned into lanes, _____.
may involve any number of police personnel
In Chimel v. California, courts ruled 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
School searches, searches of highly regulated businesses (such as firearms dealers, pawnshops, and junkyards), employment and educational drug screening, and the immediate search for "evanescent" evidence require _____.
no warrant
A centuries-old rule that the courts have consistently upheld is that officers must announce their presence and intent prior to entering a dwelling with a search warrant. This protects a citizen's right to privacy as well as reducing the possibility of violence to both the occupants and the police. An exception may be allowed if there is advance knowledge that the suspect may be heavily armed or if explosives may be present. This exception is best known as the _____.
no-knock warrant
plain feel/touch evidence
object discovered by a police officer who is lawfully patting down a suspect's outer clothing and that is immediately identified, by touch, as contraband; 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).
anticipatory warrant
one based upon prior knowledge or an affidavit showing probable cause that at some future time (but not presently) certain evidence of crime will be located at a specified place; such warrants are constitutional if a proper showing is made that contraband or evidence will likely be found at the target location at a given time, or when a specific triggering event occurs.
Anything material and relevant to the crime being investigated is known as _____.
physical evidence
A police officer is walking down a public sidewalk and happens to observe several guns inside a parked vehicle. Without entering the vehicle, he is easily able to obtain the serial numbers and ascertains that they are stolen. This unconcealed evidence seen by the officer engaged in a lawful activity is admissible in court under which rule?
plain-view evidence
curtilage
portion of the residence that is not open to the public and is reserved for private owner or family use, in contrast to sidewalks and alleys, which are used by the public and which hold no reasonable expectation of privacy.
To obtain either arrest warrants or search warrants, the key issue officers must present to a judge, while under oath or affirmation, is that there is _____.
probable cause
The escalating levels of _______________required during various stages of the criminal investigative process are as follows: reasonable suspicion is required to stop a person; probable cause is required to conduct a search or arrest (seizure); and proof beyond a reasonable doubt is required to convict someone of a crime.
proof
protective sweep
the authorized search by police of areas immediately adjoining the place of arrest, justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers; held constitutional in Maryland v. Buie (1990); also called a Buie sweep.
Buie sweep
the authorized search by police of areas immediately adjoining the place of arrest, justified when reasonable suspicion exists that another person might be present who poses a danger to the arresting officers; held constitutional in Maryland v. Buie (1990); synonymous with protective sweep.
The Supreme Court has ruled that searches of vehicles incident to and contemporaneous with a lawful arrest are legal and valid. This search is limited to _____.
the entire passenger compartment of the vehicle
The Supreme Court has long upheld traffic checkpoints at the country's borders to serve the national interest. However, in Brown v. Texas, a balancing test was established to determine the constitutionality of roadblocks. This balancing test evaluated the lawfulness of roadblocks and considers three factors: the gravity of the public concerns served by establishing the roadblock, the degree to which the roadblock is likely to succeed in serving the public interest, and _____.
the severity with which the roadblock interferes with individual liberty
All searches must be conducted under the authority of a warrant unless _____.
there are exigent circumstances
Metal detectors are needed in most _____.
underwater searches
In United States v. Ramirez, the Court said that if officers attempting to serve a search warrant are not admitted by occupants following a knock-notice announcement, forcible entry may be made. The Court further stated that _____.
unnecessary damage to the structure may make the entry unreasonable and negate the search
In United States v. _______________(1984), the Supreme Court defined a search as "governmental infringement of a legitimate expectation of privacy."
Jacobsen
"What is reasonable depends upon a variety of considerations and circumstances. It is an elastic term which is of uncertain value in a definition"
Sussex Land & Live Stock Co. v. Midwest Refining Co., 1923
The U.S. Supreme Court has established requirements for using informants to establish probable cause. Although a two-pronged test was initially adopted, it was later abandoned in favor of a totality of the circumstances test. Which court case was responsible for this more practical concept?
Illinois v. Gates
Warrantless searches of vehicles are often justified because of a vehicle's inherent mobility. Which two conditions were established by Carroll v. United States regarding whether an automobile may searched without a warrant?
Probable cause exists for the search and the vehicle would be gone before a search warrant could be obtained.
