Chapter 5-Seizures of things Flashcards
Fourth Amendment
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 person or things to be seized.
What governs the constitutionality of searches and seizures conducted by the police.
4th Amend
Exercise of dominion or control by the government over a person or thing because of a violation of law
Seizure
When does seizure of property occur
when there is some meaningful interference with an individual’s possessory interest in that property,
US v Jacobson, 1984
Items subject to police seizures fall into 4 general categories
- contraband, such as drugs, counterfeit money
- fruits of a crime, such as stolen goods
- instrumentalities of a crime, such as robbery tools and weapons
- mere evidence, of a crime, such as clothing containing blood, mask, wigs.
court that held drawing blood from suspect without consent is not a violation of any constitutional right, as long as it is done under certain circumstances and using accepted medical methods
Schmerber v California, 1966
Court held that surgery requiring general anesthesia to remove a bullet lodged near suspects heart cannot be allowe, even with court permission, unless government demonstrates a compelling need for it.
Winston v Lee, 1985
Leading cases in Seizures of things are?
Schmerber v California, Winston v Lee, Groh v Ramirez
Groh v Ramirez, 2004
holds that a search warrant that does not comply with the requirement that the warrant particularly describe the person or things to be seized is unconstitutional.
Drawing blood from suspect without consent is not a violation of any constitutional right, as long as it is done by medical personnel using accepted methods
Schmerber v California, 1966
Schmerber arrested for DWI involving accident.At hospital being treated, officer had phyician draw Schmerber’s blood without his consent.
Schmerber case addressed and settled four constitutional issues.
1 self incrimination- court said seizure of real or physical evidence does not violate 5th amend. 5th amendment applies only to testimonial evidence.
- right to councel- Court said there was no right to counsel at this stage
- right to due process- Court concluded that taking blood in this case was valid because it was done by doctor in hospital and followed medically accepted procedure.
- unreasonable search and seizure- Court ruled that the presence of exigent circumstances (alcohol would be processed thru body and be lost in a short time) justified the warrantless seizure
police may make a warrantless seizure of evidence that his likely to disappear before a warrant can be obtained.
Cupp v Murphy, 1973
Murphy went to police station after learning his wife was dead. with lawyer present and during the questioning, officers observed blood on Murphy’s fingernails. Murphy refused to allow officers to take sample and began rubbing the blood off fingernails. officers took the fingernail sample without warrant.
Limited intrusion on Murphy was justified here because?
probable cause and evanescent evidence exception
the absence of a warrant does not invalidate the seizure if the evidence sought is likely to disappear unless immediately obtained.
evanescent evidence rule
surgery requiring general anesthetic to remove bullet from suspect for evidence constitutes an intrusion into suspects privacy and security that violates 4th Amend. Cannot be allowed unless government demonstrates a compelling need for it
Winston v Lee, 1985
shootout during a robbery and suspect was wounded. some time later, eight blocks from store, Lee was found to have been shot and claimed he was victim of robbery. At hospital, Lee was identified as the robber. State asked the Court for order to require Lee to have surgery to removed the bullet for evidence. Court rejected the request.
