Submit Search
Upload
Chapter 9 - Conducting Constitutional Searches
•
Download as PPT, PDF
•
1 like
•
1,175 views
L
lisajurs
Follow
Conducting Constitutional Searches
Read less
Read more
Education
Report
Share
Report
Share
1 of 27
Download now
Recommended
Chapter 8 - Conducting Constitutional Seizures
Chapter 8 - Conducting Constitutional Seizures
lisajurs
Ch10
Ch10
icebergslim1996
Constitutional Issues - Chapter 9
Constitutional Issues - Chapter 9
mpalaro
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial
lisajurs
Constitutional Issues - Chapter 10
Constitutional Issues - Chapter 10
mpalaro
Chapter 10 - The Fifth Amendment: Obtaining Information Legally
Chapter 10 - The Fifth Amendment: Obtaining Information Legally
lisajurs
Constitutional Issues - Chapter 12
Constitutional Issues - Chapter 12
mpalaro
Ch11
Ch11
icebergslim1996
Recommended
Chapter 8 - Conducting Constitutional Seizures
Chapter 8 - Conducting Constitutional Seizures
lisajurs
Ch10
Ch10
icebergslim1996
Constitutional Issues - Chapter 9
Constitutional Issues - Chapter 9
mpalaro
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial
lisajurs
Constitutional Issues - Chapter 10
Constitutional Issues - Chapter 10
mpalaro
Chapter 10 - The Fifth Amendment: Obtaining Information Legally
Chapter 10 - The Fifth Amendment: Obtaining Information Legally
lisajurs
Constitutional Issues - Chapter 12
Constitutional Issues - Chapter 12
mpalaro
Ch11
Ch11
icebergslim1996
Ch12
Ch12
icebergslim1996
Fourth amendment tutorial
Fourth amendment tutorial
Casarellan
Chapter 8
Chapter 8
glickauf
Constitutional Issues - Chapter 8
Constitutional Issues - Chapter 8
mpalaro
Lesson 33
Lesson 33
Dschulties288
Search and seizure ground rules
Search and seizure ground rules
James Publishing
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14
Joni Schultz
Fourth Amendment
Fourth Amendment
lisajurs
Fourth amendment
Fourth amendment
bayotr
Chapter 6 power point
Chapter 6 power point
mckenziewood
Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7
mpalaro
Fourth Amendment notes
Fourth Amendment notes
Jennifer Vogt-Erickson
WDAIP Practice Advisory for Non-Citizen Firearms Possession 08_31_2011
WDAIP Practice Advisory for Non-Citizen Firearms Possession 08_31_2011
Umesh Heendeniya
Ch08
Ch08
icebergslim1996
Ch 15 Search and Seizure
Ch 15 Search and Seizure
rharrisonaz
Ch 16 Arrest, Interrogation & ID
Ch 16 Arrest, Interrogation & ID
rharrisonaz
4th amendment
4th amendment
AaronChisholm
Constitutional Issues - Chapter 11
Constitutional Issues - Chapter 11
mpalaro
Search Warrants
Search Warrants
CTIN
Charges, Criminal Procedure,Criminal Law, Arrests,Kenya
Charges, Criminal Procedure,Criminal Law, Arrests,Kenya
Quincy Kiptoo
Chapter 13 - The Remaining Amendments and a Return to the Constitution
Chapter 13 - The Remaining Amendments and a Return to the Constitution
lisajurs
Ts 590 s-usb_audio_settings_manual
Ts 590 s-usb_audio_settings_manual
Alfredo FR.
More Related Content
What's hot
Ch12
Ch12
icebergslim1996
Fourth amendment tutorial
Fourth amendment tutorial
Casarellan
Chapter 8
Chapter 8
glickauf
Constitutional Issues - Chapter 8
Constitutional Issues - Chapter 8
mpalaro
Lesson 33
Lesson 33
Dschulties288
Search and seizure ground rules
Search and seizure ground rules
James Publishing
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14
Joni Schultz
Fourth Amendment
Fourth Amendment
lisajurs
Fourth amendment
Fourth amendment
bayotr
Chapter 6 power point
Chapter 6 power point
mckenziewood
Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7
mpalaro
Fourth Amendment notes
Fourth Amendment notes
Jennifer Vogt-Erickson
WDAIP Practice Advisory for Non-Citizen Firearms Possession 08_31_2011
WDAIP Practice Advisory for Non-Citizen Firearms Possession 08_31_2011
Umesh Heendeniya
Ch08
Ch08
icebergslim1996
Ch 15 Search and Seizure
Ch 15 Search and Seizure
rharrisonaz
Ch 16 Arrest, Interrogation & ID
Ch 16 Arrest, Interrogation & ID
rharrisonaz
4th amendment
4th amendment
AaronChisholm
Constitutional Issues - Chapter 11
Constitutional Issues - Chapter 11
mpalaro
Search Warrants
Search Warrants
CTIN
Charges, Criminal Procedure,Criminal Law, Arrests,Kenya
Charges, Criminal Procedure,Criminal Law, Arrests,Kenya
Quincy Kiptoo
What's hot
(20)
Ch12
Ch12
Fourth amendment tutorial
Fourth amendment tutorial
Chapter 8
Chapter 8
Constitutional Issues - Chapter 8
Constitutional Issues - Chapter 8
Lesson 33
Lesson 33
Search and seizure ground rules
Search and seizure ground rules
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14
Fourth Amendment
Fourth Amendment
Fourth amendment
Fourth amendment
Chapter 6 power point
Chapter 6 power point
Constitutional Issues - Chapter 7
Constitutional Issues - Chapter 7
Fourth Amendment notes
Fourth Amendment notes
WDAIP Practice Advisory for Non-Citizen Firearms Possession 08_31_2011
WDAIP Practice Advisory for Non-Citizen Firearms Possession 08_31_2011
Ch08
Ch08
Ch 15 Search and Seizure
Ch 15 Search and Seizure
Ch 16 Arrest, Interrogation & ID
Ch 16 Arrest, Interrogation & ID
4th amendment
4th amendment
Constitutional Issues - Chapter 11
Constitutional Issues - Chapter 11
Search Warrants
Search Warrants
Charges, Criminal Procedure,Criminal Law, Arrests,Kenya
Charges, Criminal Procedure,Criminal Law, Arrests,Kenya
Viewers also liked
Chapter 13 - The Remaining Amendments and a Return to the Constitution
Chapter 13 - The Remaining Amendments and a Return to the Constitution
lisajurs
Ts 590 s-usb_audio_settings_manual
Ts 590 s-usb_audio_settings_manual
Alfredo FR.
Morgan, Willie
Morgan, Willie
Willie Morgan
The Renaming Amendments and a Return to the Consititution
The Renaming Amendments and a Return to the Consititution
lisajurs
Possibilities for magazine.
Possibilities for magazine.
E_1
GraduKaikki
GraduKaikki
Petri Rautiainen
Karakteristik transistor
Karakteristik transistor
UC Tidar
IBSA - Capter les disparités territoriales du boom démographique bruxellois /...
IBSA - Capter les disparités territoriales du boom démographique bruxellois /...
Institut Bruxellois de Statistique et d'Anlayse - Brussels Instituut voor Statistiek en Analyse
CV-Vipin Verma.doc
CV-Vipin Verma.doc
Vipin Verma
Municipal Perspectives for Renewable Energy Adoption_Barnes
Municipal Perspectives for Renewable Energy Adoption_Barnes
Jeffrey S. Barnes
Tarea 8
Tarea 8
quirosgomez
BrandingHopeBuildingS2LThroughNon-TraditionalMarketing
BrandingHopeBuildingS2LThroughNon-TraditionalMarketing
Zachary Stucki
Viewers also liked
(12)
Chapter 13 - The Remaining Amendments and a Return to the Constitution
Chapter 13 - The Remaining Amendments and a Return to the Constitution
Ts 590 s-usb_audio_settings_manual
Ts 590 s-usb_audio_settings_manual
Morgan, Willie
Morgan, Willie
The Renaming Amendments and a Return to the Consititution
The Renaming Amendments and a Return to the Consititution
Possibilities for magazine.
Possibilities for magazine.
GraduKaikki
GraduKaikki
Karakteristik transistor
Karakteristik transistor
IBSA - Capter les disparités territoriales du boom démographique bruxellois /...
IBSA - Capter les disparités territoriales du boom démographique bruxellois /...
CV-Vipin Verma.doc
CV-Vipin Verma.doc
Municipal Perspectives for Renewable Energy Adoption_Barnes
Municipal Perspectives for Renewable Energy Adoption_Barnes
Tarea 8
Tarea 8
BrandingHopeBuildingS2LThroughNon-TraditionalMarketing
BrandingHopeBuildingS2LThroughNon-TraditionalMarketing
Similar to Chapter 9 - Conducting Constitutional Searches
Chapter 12 Searches, Seizures, and Arrests 447# 151053.docx
Chapter 12 Searches, Seizures, and Arrests 447# 151053.docx
bartholomeocoombs
Search_Incident_to_A_Lawful_Arrest_Paper[1]
Search_Incident_to_A_Lawful_Arrest_Paper[1]
Victor Herrera
Kplainview
Kplainview
sevans-idaho
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
Michael DeBlis III, Esq., LLM
C H A P T E R 5Warrantless Searches236[T]he most ba.docx
C H A P T E R 5Warrantless Searches236[T]he most ba.docx
RAHUL126667
Searches (Criminal procedure in Kenya)
Searches (Criminal procedure in Kenya)
Quincy Kiptoo
Lesson 31
Lesson 31
guest6aeccb
Lesson 31
Lesson 31
guest6aeccb
Lesson 31
Lesson 31
wemo14
Lesson12 Search and Search Warrants.pptx
Lesson12 Search and Search Warrants.pptx
adnis1
Search and Seizure Basics - What Happens When the Police Conduct An Illegal S...
Search and Seizure Basics - What Happens When the Police Conduct An Illegal S...
Stan Bennett
Criminal Investigation Process
Criminal Investigation Process
Mr Shipp
4Th Amendment Essay
4Th Amendment Essay
Buying Essay Bridgeport
4Th Amendment Essay
4Th Amendment Essay
Best Online Paper Writing Service
C H A P T E R 4Arrest and Stopunder the FourthAmendment.docx
C H A P T E R 4Arrest and Stopunder the FourthAmendment.docx
RAHUL126667
Flexing your rights
Flexing your rights
Brandon Cadorette
Similar to Chapter 9 - Conducting Constitutional Searches
(16)
Chapter 12 Searches, Seizures, and Arrests 447# 151053.docx
Chapter 12 Searches, Seizures, and Arrests 447# 151053.docx
Search_Incident_to_A_Lawful_Arrest_Paper[1]
Search_Incident_to_A_Lawful_Arrest_Paper[1]
Kplainview
Kplainview
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
The Bullet Proof Checklist for Attacking a Fourth Amendment Search & Seizure ...
C H A P T E R 5Warrantless Searches236[T]he most ba.docx
C H A P T E R 5Warrantless Searches236[T]he most ba.docx
Searches (Criminal procedure in Kenya)
Searches (Criminal procedure in Kenya)
Lesson 31
Lesson 31
Lesson 31
Lesson 31
Lesson 31
Lesson 31
Lesson12 Search and Search Warrants.pptx
Lesson12 Search and Search Warrants.pptx
Search and Seizure Basics - What Happens When the Police Conduct An Illegal S...
Search and Seizure Basics - What Happens When the Police Conduct An Illegal S...
Criminal Investigation Process
Criminal Investigation Process
4Th Amendment Essay
4Th Amendment Essay
4Th Amendment Essay
4Th Amendment Essay
C H A P T E R 4Arrest and Stopunder the FourthAmendment.docx
C H A P T E R 4Arrest and Stopunder the FourthAmendment.docx
Flexing your rights
Flexing your rights
More from lisajurs
Chapter 12 - The Eighth Amendment: Bail, Fines, and Punishment
Chapter 12 - The Eighth Amendment: Bail, Fines, and Punishment
lisajurs
Legal Research and Case Briefing
Legal Research and Case Briefing
lisajurs
Eighth Amendment: Bail, Fines, and Punishment
Eighth Amendment: Bail, Fines, and Punishment
lisajurs
Second Amendment
Second Amendment
lisajurs
Chapter 5 - The First Amendment
Chapter 5 - The First Amendment
lisajurs
Chapter 4 - Equal Protection Under the Law: Balancing Individual, State, and ...
Chapter 4 - Equal Protection Under the Law: Balancing Individual, State, and ...
lisajurs
Chapter 3 - The U.S. Supreme Court: The Final Word
Chapter 3 - The U.S. Supreme Court: The Final Word
lisajurs
Chapter 1 - A Historical Overview
Chapter 1 - A Historical Overview
lisajurs
Chapter 2 - An Overview of the U.S. Legal System
Chapter 2 - An Overview of the U.S. Legal System
lisajurs
More from lisajurs
(9)
Chapter 12 - The Eighth Amendment: Bail, Fines, and Punishment
Chapter 12 - The Eighth Amendment: Bail, Fines, and Punishment
Legal Research and Case Briefing
Legal Research and Case Briefing
Eighth Amendment: Bail, Fines, and Punishment
Eighth Amendment: Bail, Fines, and Punishment
Second Amendment
Second Amendment
Chapter 5 - The First Amendment
Chapter 5 - The First Amendment
Chapter 4 - Equal Protection Under the Law: Balancing Individual, State, and ...
Chapter 4 - Equal Protection Under the Law: Balancing Individual, State, and ...
Chapter 3 - The U.S. Supreme Court: The Final Word
Chapter 3 - The U.S. Supreme Court: The Final Word
Chapter 1 - A Historical Overview
Chapter 1 - A Historical Overview
Chapter 2 - An Overview of the U.S. Legal System
Chapter 2 - An Overview of the U.S. Legal System
Recently uploaded
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
pradhanghanshyam7136
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptx
AreebaZafar22
SOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning Presentation
camerronhm
Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)
Jisc
Interdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptx
Pooja Bhuva
How to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptx
Celine George
Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...
Association for Project Management
Holdier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdf
agholdier
Towards a code of practice for AI in AT.pptx
Towards a code of practice for AI in AT.pptx
Jisc
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
Pooja Bhuva
Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds in the Classroom
Pooky Knightsmith
Key note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdf
Admir Softic
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
marlenawright1
General Principles of Intellectual Property: Concepts of Intellectual Proper...
General Principles of Intellectual Property: Concepts of Intellectual Proper...
Poonam Aher Patil
Spellings Wk 3 English CAPS CARES Please Practise
Spellings Wk 3 English CAPS CARES Please Practise
AnaAcapella
How to Manage Global Discount in Odoo 17 POS
How to Manage Global Discount in Odoo 17 POS
Celine George
Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)
Jisc
Application orientated numerical on hev.ppt
Application orientated numerical on hev.ppt
RamjanShidvankar
Graduate Outcomes Presentation Slides - English
Graduate Outcomes Presentation Slides - English
neillewis46
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
MaritesTamaniVerdade
Recently uploaded
(20)
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
Kodo Millet PPT made by Ghanshyam bairwa college of Agriculture kumher bhara...
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptx
SOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning Presentation
Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)
Interdisciplinary_Insights_Data_Collection_Methods.pptx
Interdisciplinary_Insights_Data_Collection_Methods.pptx
How to setup Pycharm environment for Odoo 17.pptx
How to setup Pycharm environment for Odoo 17.pptx
Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...
Holdier Curriculum Vitae (April 2024).pdf
Holdier Curriculum Vitae (April 2024).pdf
Towards a code of practice for AI in AT.pptx
Towards a code of practice for AI in AT.pptx
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
Beyond_Borders_Understanding_Anime_and_Manga_Fandom_A_Comprehensive_Audience_...
Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds in the Classroom
Key note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdf
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
General Principles of Intellectual Property: Concepts of Intellectual Proper...
General Principles of Intellectual Property: Concepts of Intellectual Proper...
Spellings Wk 3 English CAPS CARES Please Practise
Spellings Wk 3 English CAPS CARES Please Practise
How to Manage Global Discount in Odoo 17 POS
How to Manage Global Discount in Odoo 17 POS
Jamworks pilot and AI at Jisc (20/03/2024)
Jamworks pilot and AI at Jisc (20/03/2024)
Application orientated numerical on hev.ppt
Application orientated numerical on hev.ppt
Graduate Outcomes Presentation Slides - English
Graduate Outcomes Presentation Slides - English
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
2024-NATIONAL-LEARNING-CAMP-AND-OTHER.pptx
Chapter 9 - Conducting Constitutional Searches
1.
© 2015
Cengage Learning Prepared by Tony Wolusky, J.D. , Metropolitan State University of Denver Chapter 9 Conducting Constitutional Searches
2.
© 2015 Cengage
Learning What are the fundamental rules of search and seizure under the 4th Amendment? 1. There must be governmental action. 2. The person making the challenge must have standing, that is, the conduct violates the challenger’s reasonable expectation of privacy. a situation in which (1) a person has exhibited actual (subjective) expectation of privacy and (2) that expectation is one that society is prepared to recognize as reasonable. Often an implied right that falls within the shadow of other specified rights (penumbra).
3.
© 2015 Cengage
Learning Unrestrained general searches offend our sense of justice. All searches must be limited in scope. General searches are unconstitutional and never legal.
4.
© 2015 Cengage
Learning All searches with a warrant must be based on: o Probable cause o Supported by oath and affirmation o Particularly describing the place to be searched, and o The persons or things to be seized
5.
© 2015 Cengage
Learning Facts: Prohibition agents had a warrant for intoxicating liquor and their manufacture. They noticed a ledger showing inventories of liquors, receipts, expenses, including gifts to police officers, and other things relating to the business. Issues: Can the ledger be seized since it wasn't listed on the warrant? Holding: Yes. Rationale: The ledger was closely related to the business of the illegal business.
6.
© 2015 Cengage
Learning New York v. Belton (1981) o Landmark case for the warrantless search of a vehicle incident to arrest. • Court held that when an officer has made a lawful custodial arrest of the occupant of an automobile, he may search the passenger compartment. • He may also examine the contents of any containers found within the compartment. • If the container is within reach of the arrestee, so also will containers in it be within his reach.
7.
© 2015 Cengage
Learning After officers have obtained their search warrant they must execute it in a timely manner. They must not use excessive force to execute the warrant. There is limited authority to detain the occupants of the premises during the search.
8.
© 2015 Cengage
Learning Officers can only search the areas where they reasonably believe the specified items might be found. If the warrant states only one specific item be sought, once it is located, the search must end. Officers often are protected with qualified immunity. o Exemption of a public official from civil liability for actions performed during the course of his or her job unless they violate a “clearly established” constitutional or statutory right.
9.
© 2015 Cengage
Learning The government can also seize any contraband or other evidence of a crime found during a search with a warrant, even though it was not specified. o Contraband is anything that is illegal for people to own or have in their possession. The contraband does not need to be described in the warrant or be related to the crime described in the warrant. o Plain view doctrine
10.
© 2015 Cengage
Learning Allows civil inspections of private property to determine compliance with government rules, regulations and city ordinances. o Examples include fire building codes These can also be obtained so government agents can conduct routine inspections when occupants refuse their entry.
11.
© 2015 Cengage
Learning Facts: Police visited Biswell, a pawn shop operator who was federally licensed to deal in sporting weapons. They identified themselves, inspected Biswell's books and requested entry into a locked gun storeroom. Biswell asked whether the agents had a search warrant, and the principle investigator responded that they did not, but that section 923(g) of the Gun Control Act of 1968 authorized such inspections without a search warrant. There the agents found and seized two sawed-off rifles, items Biswell was not licensed to possess. Issues: Did the warrantless search violate the Fourth Amendment? Holding: No. Rationale: Inspections pertaining to the sale of illegal firearms are justified and that limited threats such as this inspection to the gun dealer’s expectation of privacy are reasonable.
12.
© 2015 Cengage
Learning The 4th Amendment prefers a warrant because it necessitates judicial review of government action. The Supreme Court has defined some searches without a warrant to be reasonable under the 4th Amendment guidelines: o Consent search, o frisks, o plain feel/plain view, o incident to arrest, o automobile exception, o exigent circumstances, o open fields, o abandoned property o and public places.
13.
© 2015 Cengage
Learning If an individual gives voluntary consent for the police to search, the police may so without a warrant. Any evidence found will be admissible in court. The person may revoke the search at anytime. Only the person whose constitutional rights might be threatened by a search can give consent. 4th Amendment rights are specific to the person and may not be raised on behalf of someone else or in some abstract, theoretical way. Consent to search an individual must be given by that individual.
14.
© 2015 Cengage
Learning Facts: The home that a robbery suspect was leasing was searched by the police after obtaining the consent to enter the home from somebody who lived with the suspect. Issues: Was the consent valid under the 4th Amendment? Holding: Yes. Rationale: The Court observed that recent decisions “clearly indicate that the consent of one who possesses common authority over premises or effects is valid as against the absent, nonconsenting person with whom that authority is shared.”
15.
© 2015 Cengage
Learning Examples of instances when individuals cannot give valid consent to search: o Landlord/tenant • Even though the landlord is the legal owner, they lack the authority to offer consent to a search of a tenant’s premises or a seizure of the tenant’s property. o Hotel employee/hotel guest • Supreme Court extended the principles above to hotel employees as well. • Only the tenant or hotel guest can give consent.
16.
© 2015 Cengage
Learning If an officer suspects a person is presently armed and dangerous, a frisk may conducted without a warrant. A frisk is authorized by the circumstances of an investigative stop, only a limited pat-down of the detainee’s outer clothing for the officer’s safety is authorized. Factors contributing to the decision to frisk include: Suspect that flees. A bulge in the clothing. Suspect’s hand concealed in a pocket. Being in a known high crime area and suspect crime would likely involve a weapon.
17.
© 2015 Cengage
Learning Facts: Officer conducted a frisk. The search revealed no weapons, but the officer felt a small lump in respondent's jacket pocket, believed it to be a lump of crack cocaine upon examining it with his fingers, and then reached into the pocket and retrieved a small bag of cocaine. Issues: Was the seizure lawful without a warrant? Holding: Yes. Rationale: As long as the narcotics are instantly recognizable by plain feel or plain touch. Ultimately, if, in the lawful course of a frisk, officers feel something that training and experience causes them to believe is contraband, there is probable cause to expand the search and seize the object.
18.
© 2015 Cengage
Learning The plain view doctrine says that unconcealed evidence that officers see while engaged in a lawful activity may be seized and is admissible in court. o For example, if a government official is invited into a person’s home, and the officer sees illegal drugs on the table, the drugs can be seized. Technology is impacting 4th Amendment case law. Thermal imaging devices. Kyllo v. United States (2001) o Was a search warrant needed for police to scan a home from the street and compare that infrared image to other buildings? o This action is considered a search under the Fourth Amendment and requires a warrant.
19.
© 2015 Cengage
Learning Once a person has been lawfully taken into custody by the police, U.S. law recognizes the necessity of permitting a complete search for two reasons: 1. Officer safety 2. Evidence and other contraband should be recovered Chimel v. California (1969) o Searches after an arrest must be immediate and must be limited to the area within the person’s wingspan. • The area within a person’s reach or immediate control. Schmerber v. California (1966) o Absent the exigent circumstances, a search intrusive as drawing blood would not be permissible without a warrant.
20.
© 2015 Cengage
Learning This exception states that if a governmental agent has probable cause to believe the vehicle contains contraband or evidence or a crime, no warrant is needed. Why? o Cars are mobile. o In the time it would take to get a warrant, the car, driver and contraband or evidence could be long gone.
21.
© 2015 Cengage
Learning Facts: Prohibition officers saw Carroll, suspected of alcohol sales, driving on the highway. They gave chase, pulled them over, searched the car and found illegal liquor. The National Prohibition Act allowed warrantless searches of vehicles for alcohol. Issues: Was a warrant necessary? Holding: No. Rationale: Vehicles are more mobile than homes and justify different rules. They can be searched without a warrant provided: 1. There is probable cause to believe the vehicle’s contents violate the law, and 2. The vehicle would be gone before a search warrant could be obtained. For an officer to search a vehicle without a warrant, they must have probable cause to believe the vehicle contains contraband or evidence.
22.
© 2015 Cengage
Learning The courts have recognized that sometimes situations will arise that reasonably require immediate action before evidence may be destroyed. These circumstances include: o Danger or physical harm to officer or others. o Danger or destruction of evidence. o Driving while intoxicated. o Hot-pursuit situations. o Individuals requiring rescuing.
23.
© 2015 Cengage
Learning The courts have extended the plain view doctrine stating that anything held out to the public is not protected by the 4th Amendment because no reasonable expectation of privacy exists. “Open fields”- holds that land beyond that normally associated with the use of that land, that is, undeveloped land, can be searched without a warrant. California v. Ciraolo (1986) o Police looking from the air into a suspect’s backyard does not violate the 4th Amendment because it is open to public view from the air.
24.
© 2015 Cengage
Learning Searches of persons, belongings and vehicles at international borders are reasonable under the 4th Amendment. The farther a person gets from the border, the more traditional search and seizure requirements come back into play. United States v. Montoya de Hernandez (1985) o Routine searches at a U.S. international border require no objective justification, probable cause or warrant. Quinones-Ruiz v. United States (1994) o The border search exception applies equally to persons entering or exiting the country.
25.
© 2015 Cengage
Learning These are limited searches that the court considers reasonable because societal needs are thought to outweigh the individual’s normal expectation of privacy: o Prison o Probation and parole searches o Drug testing for certain occupations o Administrative searches of closely regulated businesses o Community caretaking searches o Public school searches
26.
© 2015 Cengage
Learning Electronic eavesdropping to searches of people, their luggage, where they live, and their bodies, homes, hotel rooms, businesses, obtaining evidence from a person’s body (urine testing), or surgical removal of a bullet lodged within a person are all cases that have been held to constitute searches under the 4th Amendment. Physical presence is not required to constitute a search. In each case, the person has a reasonable expectation of privacy. As such, a warrant is generally required.
27.
© 2015 Cengage
Learning Title III of the Omnibus Crime Control and Safe Streets Act of 1965 o Prohibits the interception of phone conversations unless one party to the conversation consents. To obtain an electronic-surveillance warrant, or wiretap order, probable cause that a person is engaging in particular communications must be established by the court, and normal investigative procedures must have already been tried.
Editor's Notes
Opinion at http://supreme.justia.com/cases/federal/us/275/192/case.html
Opinion at http://supreme.justia.com/cases/federal/us/406/311/
Opinion at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=415&invol=164
Opinion at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=508&invol=366
Opinion at http://supreme.justia.com/cases/federal/us/267/132/case.html
Download now