Part 5 - Searches Flashcards
There are legal and _____ reasons why searches authorized by warrant are preferable to warrantless searches
practical
The standard components of a search warrant package are
the warrant the affidavit in support of the warrant ancillary court orders receipt for seized property search warrant return
Affidavit of Probable Cause
Narrative to show facts to establish probable cause
brief description of the crimes under investigation
an account of relevant steps in the investigation to date
a synopsis of the affiants training and experience
Should show all facts that exist to show that certain evidence exists, and reasons to beleive it may be found at the place to be searched.
Aguilar Spinelli 2 Prong Test
Two prongs were credibility, and reliability. How they know it, and that they can be trusted.)
Determined to be too rigid
Probable Cause standard for a search warrant affidavit is
fair probability of locating contraband or evidence, based on the totality of circumstances set forth in the affidavit, including “innocent” actions of the suspect
An officer preparing a search warrant affidavit must show the basis of every informant reported knowledge and the reasons to believe the informant is a _____, _______ witness.
credible, reliable
To avoid problems of staleness which can invalidate a warrant, affiant officers must show when events set forth in the affidavit occurred, and the warrant must be promptly served, before any ________ changes in the PC occur.
material
Groh V. Ramirez
A search warrant affiant submitted an application for a warrant to search for weapons and destructive devices. The devices were submitted in the application submitted to the magistrate; they were not listed on the warrant itself as “things to be seized.”
Officers were sued since the warrant only said where it was to be searched, not what to be seized. The affidavit was not incorporated into the warrant, so it was facially invalid and could not be saved.
The mere fact that a warrant is being sought does not permit a routine entry to secure. Entry may be made if reasonably necessary to prevent imminent destruction of the evidence while a warrant is being _____.
obtained.
All officers involved in serving a search warrant should know the ______ of search authorized by the warrant.
scope.
Search warrants must be served at a time that is ________, given the nature of the criminal activity under investigation, the nature of the suspected evidence, and the circumstances confronting serving officers when entry is made
reasonable.
Knock and Announce Rule 3 Principal Purposes
Protection of Human Life and Limb
Interest in the Protection of Property
Protects the elements of privacy and dignity
Wilson V. Arkansas
Arkansas State Police had an informant make a series of controlled buys of drugs from suspect Sharlene Wilson. Officers knocked on the door and walked through the residence yelling they were police with a search warrant. Wilson’s motion to suppress on knock-notice grounds. US Supreme Court held that knock and announce is an element of reasonless.
Knock and Announce Requirements
Givin Notice
Stating identity
Stating purpose and Authority
Waiting to be admitted
Excused Non-Compliance
Reasonable Suspicion of Danger, Escape, or Destruction of Evidence, the magistrate can issue a no-knock warrant. Officers can also make that decision at the scene. (Not in Maine currently.)
Non-Compliance of Knock and Announce
Civil Liability may attach from not using a knock and announce rule, but evidence found will not be suppressed by exclusionary rule.
Although it is not ________ required that an occupant be shown the search warrant at the beginning of the search, there are practical reasons for doing so.
constitutionally.
Occupants of the premises where a search warrant is being served may be _______ in a reasonable manner and for a reasonable time while the search is completed.
detained
_____ ____ are protected by the Fourth Amendment as to entry and search of their hosts’ homes, casual visitors are not
overnight guests.
The scope of a search under a warrant is defined by
the places authorized to be searched and the things authorized to be seized.
Evidence or contraband not mentioned in the warrant may be _____ under the plain view doctrine, if immediately recognizable.
seized
Evidence or contraband not mentioned inthe warrant may be seized under the _____ _____ doctrine, if immediately recognizable
plain view
Officers serving search warrants may extend their _____ to the person of any individual lawfully arrested on the premises.
search
An Inventory is a _____ ______ issue. Property taken under a search warrant should be listed in an inventory or receipt furnished to occupants of the searched premises.
Due Process
Return of Warrant
Not constitutionally provided, but officers need to be aware of and comply with applicable statutes or court rules in their local jurisdictions.
US V. Grubbs
Postal inspectors operated a controlled web site from which Jeffrey Grubbs ordered a video tape containing child pornography. A magistrate issued an anticipatory search warrant to be executed once a controlled delivery of the package had been signed for and taken inside.
The Supreme Court found that the triggering event did not need to be on an anticipatory search warrant.
Anticipatory Search Warrants
Can be obtained based on PC that a specified triggering event will occur, and will indicate the presence of evidence or contraband.
Sneak and Peek Warrants
Allow entry for investigation, but do not authorize the seizure of property.
Administrative Inspectors must obtain an administrative search warrant for non-emergency, non-consensual, non-forcible entry into private premises for health and safety inspections.
If it is refused, they must go back to the court for contempt of court proceedings, and further order of the court.
Affidavits in s upport of warrants to search for and seize and examine materials implicating the ______ _____ will be subjected to heightened judicial scrutiny for probable cause and narrow scope of activity
First Amendment.
Hanlon V. Berger
Federal agents with a search warrant for a Montana Ranch brought CNN to observe and record the execution of the search warrant.
The US Supreme Court held that the presence of the news media violated the ranchers Fourth Amendment privacy rights because the media did not accompany the agents to assist in the service of the warrant.
Consent After Arrest
Consent to search does not implicate the Fifth Amendment privilege against compelled self-incrimination, consent can be obtained from one who has not been Mirandized, or from one who has been and whether or not there has been a waiver of rights.
US V. Watson
An informant notified a postal inspector that Henry Ogle Watson was in possession of credit cards stolen from the mail. Officers closed in and arrested Watson. ter Miranda was given, Watson was asked for consent to search his vehicle which led to additional credit cards being seized.
The US Supreme Court said Watson was lawfully arrested on probable cause, and his consent was freely given.
Consent may be limited or revoked at will by
the person giving consent
Apparent Authority to Give Consent
An extension of the good faith doctrine. The Supreme Court has ruled that police may rely on consent from a person who reasonably appears to have authority to give consent, even if it turns out they don’t.
US V. Matlock
William Matlock robbed a bank, and police followed leads and went to his house to arrest him. His wife consented to a search of the bedroom where they found cash from the robbery
US Supreme court held that his wife could lawfully consent to a search of premises she shared with the suspect, even though police never sought consent from Matlock himself.
Georgia V. Randolph
Husband and wife were both present, and the wife consented but the husband refused consent. Police searched and found drugs.
Supreme Court ruled if someone was present refusing consent police cannot search.
Frazier V. Cupp
Frazier murdered someone, and police went to the house and got consent to search a duffle bag both men used, and the friend gave permission for police to search it.
US Supreme Court held that implicit in his joint use of the duffel bag with rawls was an assumption of the risk of disclosure.
Stoner V. California
Joseph Stoner was one of two men who robbed a food store, and dropped his checkbook in the parking lot. Police traced him to a local motel, and the clerk confirmed he was registered but not present.
The clerk gave consent to search Stoner’s room, the US Supreme Court held the clerk had neither the right of entry, nor the right to allow police in the room.
House Keeping Staff
May enter hotel rooms to clean but cannot give police consent to search. They can provide information to police for a search warrant but have no authority to search or consent to a search warrant.
Voluntariness of Consent is measured against a
reasonable innocent person standard
Unlawful Detention, Arrest, or search
If consent if found after an illegal search, it is tained untill there is a significant interviening circumstances
Most Common threat for consent to search
that police have some lawful reason to search, so they may as well consent. Will lead to consent being invalid.
Bumper V. North Carolina
Bumper was suspected of rape, and lived with his grandmother. Bumper was not home when officers went to the house, and police told the grandmother they had a warrant to search for the gun.
No warrant was produced in the suppression hearing, but the trial court said the search was OK due to Grandmothers consent.
US Supreme Court said pretending to have a search warrant invalidates the consent.
Search Incident to Arrest
permitted in order to locate evidence, offensive weapons, and the means of escape
Three Requirements for Search Incident to Arrest
lawful arrest
custodial arrest
contemporaneous search
Smith V Ohio
Police walking on the street asked a male what was in his bag, and when he didn’t answer he grabbed it from him. The court ruled the search unconstitutional since there was no PC to arrest before the search.
A search incident to arrest presupposes a ______ arrest
lawful
Michigan V Defillippo
A male as arrested for failing to ID, and a search incident to arrest produced drugs. The law was later found to be unconstitutional.
US Supreme Court said that it was unreasonable to expect the officer to know the law would be thrown out.
Knowles V. Iowa
Knowles was stopped for speeding and was given a summons. The officer then searched the car finding marijuana and a pipe under the driver’s seat.
The Supreme Court held that even though the officer could have made a custodial arrest for the traffic offense and searched the car, since he chose to release Knowles on a written citation no such search was allowed.
Dyke V. Taylor Implement Mfg Co
A court order was issued in a Tennesse labor dispute forbidding the infliction of harm or damage on the compnay’s employees. Following a drive by shooting at the home of a non-striking employee, Dyke and two others were stopped for reckless driving and taken to jail.
The car was later searched “incident to arrest.”
The court threw out the search because it was not contemporaneously conducted.
A long as there is PC to make an arrest, an officer may make a contemporaneous search incident to arrest whether before or after announcing to the suspect that he or she is under arrest
Scope of Search
the person of the arrestee
what she is wearing or carrying
may to other areas within the arrestee’s immediate control depending on where the arrest occurs.
Robinson V US
A male was stopped for OAs and arrested. Officers found a cigarette pack containing heroin.
Supreme Court reversed the suppression order and held the evidence of heroin admissible. The court said that a single rule for all arrests was preferable to a rule that would vary in its application.
Riley V California
A male was arrested for carrying a concealed wepaon. Officers searched his cell phone and found evidence linking him to a drive by shooting.
Court said the immense quantity of private niformation on modern cell phones required a departure from the Robinson and unless another exception applies officers may not make a warrantless search of a persons devices incident to arrest.
Arizona V. Gant
Gant was arrested on a traffic warrant after he pulled into his yard and parked his car. Officers handcuffed Gant and placed him in the car and returned to the vehicle and searched it incident to arrest.
Held vehicle search incident to arrest requires either the arrestee is within reaching distance of the passenger compartment at the time of the search, or if it is reasonable to believe the vehicle contains evidence of the offense of arrest.
Thornton V. US
An officer noticed a suspicious vehicle and stopped the vehicle for illegal attached plates. Thornton gave consent to search and marijuana and crack was located.
Thornton was arrested, and officers put Thornton in his cruiser and searched his vehicle, finding a handgun.
Ruled Belton rule did not apply because he was already outside the car when officers contacted him, and because he had already been cuffed and secured in a patrol car before the search occurred.
The exception for search incident to arrest permits a thorough search of the passenger compartment of a vehicle incident to the lawful custodial arrest of a recent occupant, as limited by ______.
Gant
