Chapter 4

Question 1

Definition of Search

Answer 1

To go over, look through a house or other building, a person or vehicle to find contraband or illicit or stolen property or some evidence of guilt to be used in prosecuting a criminal action or offense. United states V. Jacobsen (1984)

Question 2

4th Amendment

Answer 2

forbids unreasonable searches and seizures. Requires search warrant

Question 3

Important limitation on search:

Answer 3

Scope must be narrow

Question 4

Exclusionary Rule

Answer 4

The courts enforce the prohibition against unreasonable searches as set fourth in the 4th Amend. Affects illegally seized evidence. Fruits of the poisonous tree doctrine.

Question 5

Inevitable discovery exception

Answer 5

Nix v. Williams (1984) 6th Amendment Establishes that if illegally obtained evidence would in all likelihood eventaully been discovered legally it may be used.

Question 6

The Good Faith Exception

Answer 6

United States v. Leon (1984) The court noted that the exclusionary rule is a judically created remedy intended to serve as a deterrent rather than a guaranteed constitutional right. Illegally obtained evidence may be admissible if the police were truly not aware they were violating a suspect’s 4th Amend.

Question 7

Probable Cause

Answer 7

Standard of proof necessary to obtain a search warrant/arrest. Probable cause is more than reasonable suspicion. Reasonable and prudent men, not legal technicians act (Scarry, 2007b)

Question 8

When can a search be justified and therefore considered legal. 5 circumstances?

Answer 8

1. A search warrant has been issued.
2. Consent
3. An officer stops a suspicious person and believes the person may be armed.
4. The search is incidental to a lawful arrest.
5. An emergency exsist.

Question 9

What information should the request for the warrant include?

Answer 9

1. Reasons for requesting it
2. Names of people presenting affidavits
3. What specifically is being sought and the signature of the judge issuingit.
4. Based on facts and sworn to by the officer requesting the warrant.
5. Address and description of the location.

Question 10

Knock and notice

Answer 10

Based on common law.Requires officers serving a search warrant to knock and announce themselves, wait a reasonable length of time.

Question 11

No knock warrant

Answer 11

issued if evidence may be easily destroyed or if there is advance knowledge of explosives or other specific danger to an officer. Richards v Wisconsin 1997

Question 12

Normal times for serving search warrant

Answer 12

6a.m.-9p.m.

Question 13

Particularity requirement

Answer 13

a search conducted with a warrant must be limited to the specific area and specific items named in the warrant. Stanford v Texas 1965

Question 14

Anticipatory Warrant

Answer 14

based on probable cause at some time in the future.

Question 15

Stop and Frisk

Answer 15

Terry v ohio 1968. Terry stop.
1. to investigate suspicious circumstances and
2. to identify someone who looks like a suspect
Reasonable suspicoon, a lesser standard than probable cause by equally difficult to define.
Two seperate actions, each must be seperately justified.

Question 16

Search incident to arrest

Answer 16

Chimel decision. Chimel v california 1969. 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.

Question 17

protective sweep/ or bluie sweep

Answer 17

Supreme court added authority for the police to search areas immediately adjoining the place of arrest.

Question 18

Exigent circumstances criteria

Answer 18

1. Must believe a real emergency exists requiring immediate action to protect or preserve life or to prevent serious injury.
2. The entry or search must not be motivated primarily to find evidence
3. The emergency and the area entered or searched must have a connecrton

Question 19

Carroll decision

Answer 19

automobiles may be searched without a warrant

1. there is probable cause for the search
2. the vehicle would be gone before a search warrant could be obtained.

Question 20

Inventory vehicle searches

Answer 20

Chambers V. Maroney (1970), Police take custody of a vehicle the courts have upheld their right to inventory such property for the following reasons:
1.To protect owners property
2. to protect the police from disputes and claims that property was stolen or damaged
3 To protect the police and the public from danger
4. To determine the owners identity

Question 21

The goals of searches during investigtions

Answer 21

1. Determine if a crime was committed and what it is
2. Establish when the crime was committed
3. Identify who committed the crime
4. Explain how the crime was committed
5. Suggest why the crime was committed

Question 22

Most common search for interior

Answer 22

Circular pattern, floor ceilings, walls . Floor usually produce most evidence followed by doors and windows.

Question 23

fatal funnel zone

Answer 23

Building searches, exist outside the door and inside the doorway. This area is the ultimate choke point where the officers are the most vulnerable.

Question 24

Warrant checklist (4)

Answer 24

No search (  plain-sense open fields, abandon property, private party delivery, controlled delivery, exposed characteristics)
Independent justification (consent, probation, or parole, incident to arrest, officer safety booking search inventor)
Exigent circumstances (rescue, protection of property, imminent destruction of evidence, fresh pursuit, escape prevention, public safety)
Fleeing target (car, van truck, RV, bus boat, aircraft, et.) with PC and lawful access

Question 25

Special needs exceptions

Answer 25

school searches, searches of highly regulated businesses, employment and educational drug screening, the immediate search for evanescent evidence (such as blood-alcohol content) Rutedge, 2007)

Question 26

Standards of Proof

Answer 26

1. Absolute 100%
2. Beyond a reasonable doubt, moral certainty (criminal Trials)
3. Clear and convincing evidence (civil)
4. Preponderance of evidence (51%)
5. Probable cause (arrest, prelim, arrest, search warrant)
6. Sufficient evidence, reasonable suspicion, Terry stop, less than probable cause. (appellate review)