Law Ch 5- Search and Seizure

A police officer receives a description from a grocery store owner stating that a man wearing a green sweater, jeans, and boots must robbed the store at gunpoint. The owner stated the man took the money and the gun and placed them inside the duffel bag. While the officer is driving, he notices a man matching the description and carrying a black duffel bag. The man places the bag inside of the vehicle, gets in, and begins to drive. If the police officer pulls him over, is he allowed to search the duffel bag without a warrant?

No. The officer had probable cause to believe the gun and evidence were inside the duffel bag prior to mobility. Therefore, the automobile exception can not be used and the officer would need a warrant to search his bag.

A gun is discovered by illegally seizing a safety deposit box key will likewise be suppressed or excluded under which doctrine?

Fruit of a Poisonous Tree

Fruit of the Poisonous Tree Doctrine

If the initial search is invalid any evidence later discovered as a result of that search must be declared invalid as well.

Reasonable Belief

Lesser standard of proof than probable cause needed to search a portable container at the time of arrest. Must have: 1) a weapon 2) evidence that could be destroyed

What areas are protected by the fourth amendment?

Private Homes- reasonable expectation of privacy Curtilage- immediate area surrounding a dwelling * Proximity to the house * Whether area is enclosed * Uses of the area * Steps taken time keep people away Automobiles- limited protection

Officer Nunez observes a driver placing an object under the front seat of the car prior to exiting the vehicle during a traffic stop. The police officer arrests the driver and is able to conduct a search incidental to a lawful arrest of the grab-able areas. She finds a small glassine envelope under the seat and a firearm. Is she allowed to continue searching other areas of the car?

Yes, at this point, the officer has probable cause to believe that there could be more narcotics or weapons hidden in the rest of the car. She may proceed to search the entire vehicle and any portable containers that are within that vehicle.

A woman was placed under arrest for harboring a criminal and police officers searched her apartment. In the course of this search, a machine gun (the evidence here sought to be suppressed) was found in a locked suitcase in a closet in the apartment. The woman was charged with the illegal possession of the gun. Is the evidence- machine gun- admissible in court?

Yes, because the woman was placed in a lawful arrest prior to the search of her home. The machine gun would endanger the safety of police officers and/or the public.

A driver is pulled over for a traffic infraction. The officer observes the driver put something under the front seat during the traffic stop before getting out of the car. The driver is arrested. Is the officer allowed to search his automobile without a warrant?

Yes, the officer is allowed to conduct a search incidental to a lawful arrest in the grab-able or lunge-able areas.

Plain View Exception (P in spaceship)

the rule that any evidence police can see or hear in plain view when they are where they have a legal right to be is admissible in court, even without a legal warrant or probable cause.

Searches incidental to a lawful arrest S.I.L.A. (S in spaceship)

Police officers may automatically conduct a search of a prisoner after making a lawful arrest. Three E's- ENDANGER ESCAPE EVIDENCE

What does a warrant allow law enforcement to do?

It gives law enforcement the authority to retrieve contraband, evidence, or fruits of a crime, and may aid in the conviction of a defendant.

Carroll Doctrine

An officer may search a mobile vehicle without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of criminal activity

When is an officer allowed to conduct a warrantless search of a vehicle?

- probable cause: evidence or contraband in car - exigent circumstances: vehicle moving, not enough time to get warrant

Three Reasons to Support Exclusionary Rule

1. Personal Right- seeks to restore injured parties to the position they held prior to the violation 2. Judicial Integrity- if courts were to admit they had illegally obtained evidence, they would be condoning improper police behavior 3. Deterrence- the rule exists not to remedy the current case but to discourage improper police conduct in future cases

Circumstances that authorize an officer to search and seize without a warrant (SPACESHIP)

1. Search incident to a lawful arrest (S.I.L.A) 2. Plain View Exception 3. Automobile Exception 4. Search by Consent 5. Emergency Exception 6. Stop, Question, and Possibly Frisk 7. Hot Pursuit 8. Inventory Procedure

What are the 2 parts of the fourth amendment?

1st part- It protects citizens and guarantees personal privacy and prohibits searches and seizures that are unreasonable (without a warrant or exigent circumstances). 2nd part- no warrant shall issue, but upon probable cause, supported by oath or affirmation, describing the place to be searched and the person or things to be seized.

Local Law 48

A local civil right of security against unreasonable search and seizure and excessive Force. The law also creates the right to sue the city and members of service for violation of the local right and precludes the ability to utilize qualified immunity as a defense. Qualified Immunity is only for government officials.

A Valid Arrest

An arrest made with probable cause. Ex: Officer Furman arrives at Simpson's Jewelry store moments after it's been robbed He sees broken glass inside the store. A man claiming to be Simpson, the owner, is on the scene. He holds what look like keys to the store and seems distressed. He tells Furman that a man, approximately 6'5" tall and weighing over 300 pounds, held up the store at gunpoint and escaped with rings and watches in a small brown paper bag. A few minutes later, less than a mile away from the jewelry store, Officer Furman pulls a car over for speeding. The driver matches the description of the robber, and on the seat next to him is a small brown paper bag and a couple of watches with the price tags attached. Though Officer Furman did not see the robbery itself, the driver matches the unusual physical description of the robber and has property that looks like what Simpson said was missing. Furman has probable cause to arrest the driver.

Automobile Exception (A in spaceship)

An exception stating that officers do not need warrants or a lawful arrest to search automobiles, just probable cause.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) All evidence obtained by searches in violation of the Constitution is inadmissible in state court.

Emergency Exception

Example: If a bag is ticking on the bus, open the bag

Exclusionary Rule

Prohibits evidence obtained by an unreasonable search and seizure from being used in court.

"Good Faith" Arrest

The arrest must be valid and in good faith. Good faith means the arrest was made with a legitimate law enforcement objective and not as an excuse to conduct a search. An officer must always be able to explain why an arrest was made and the legal standard of proof authorizing the arrest. Ex: A police officer suspects that a man is in possession of drugs and observes him commit a traffic infraction. The officer determines that the man is otherwise eligible for a summons. If the officer arrest him in order to be able to search him, then the arrest is not in good faith and the results of the search will be ruled inadmissible. If the person does not have identification for the summons, you can arrest them and it would be in good faith.

Officer Polanco walks into a grocery store and greets the owner. The owner invites officer Polanco into the back of the store to ask him for advice on security. While back there, the officer observes illegal drugs. What is the officer allowed to do?

The drugs were in plain view and he was allowed to be in that location so he is allowed to seize the drugs and arrest the owner.

Officer Reyes has just made a lawful arrest after observing a narcotics exchange. The arrestee is carrying a Nike duffel bag at the time of the arrest. He conducts a search of the arrestee and the duffel bag. In the duffel bag, there is a metal lock box. There are no keys found in the search. Is the officer allowed to open the container without a warrant?

The officer may open the container if it can be done without causing damage. If there is no way to open it without breaking it, the officer must get a warrant or have reasonable belief that there is evidence or a weapon inside.

Limited in Time, Scope, and Intensity

Time- there is no limit on time when a search can be conducted but a search conducted hours after an initial arrest may not be deemed valid by the courts. Officers may delay a search to ensure officer safety, secure evidence, or prevent prisoner escape. Scope- the range where the search can be conducted, a search can be conducted from the arrestee to any area where they might gain possession of a weapon or destroy evidence. Intensity- how intense of a search you can do, can search person within reason, not so intrusive that their undergarments are showing

Carroll vs. United States (1925)

Warrantless search of a vehicle if there is probable cause of it containing contraband, or if car could be moved before obtaining search warrant

Why is a standing?

When someone asserts the exclusionary rule by establishing they have a privacy interest infringed, or violated, by the government. To have a standing under 4th amendment, one must show that they possessed an expectation of privacy that society deems as reasonable.