Part 5 - Searches Flashcards
1
Q
There are legal and _____ reasons why searches authorized by warrant are preferable to warrantless searches
A
practical
2
Q
The standard components of a search warrant package are
A
the warrant the affidavit in support of the warrant ancillary court orders receipt for seized property search warrant return
3
Q
Affidavit of Probable Cause
A
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.
4
Q
Aguilar Spinelli 2 Prong Test
A
Two prongs were credibility, and reliability. How they know it, and that they can be trusted.)
Determined to be too rigid
5
Q
Probable Cause standard for a search warrant affidavit is
A
fair probability of locating contraband or evidence, based on the totality of circumstances set forth in the affidavit, including “innocent” actions of the suspect
6
Q
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.
A
credible, reliable
7
Q
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.
A
material
8
Q
Groh V. Ramirez
A
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.
9
Q
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 _____.
A
obtained.
10
Q
All officers involved in serving a search warrant should know the ______ of search authorized by the warrant.
A
scope.
11
Q
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
A
reasonable.
12
Q
Knock and Announce Rule 3 Principal Purposes
A
Protection of Human Life and Limb
Interest in the Protection of Property
Protects the elements of privacy and dignity
13
Q
Wilson V. Arkansas
A
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.
14
Q
Knock and Announce Requirements
A
Givin Notice
Stating identity
Stating purpose and Authority
Waiting to be admitted
15
Q
Excused Non-Compliance
A
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.)
16
Q
Non-Compliance of Knock and Announce
A
Civil Liability may attach from not using a knock and announce rule, but evidence found will not be suppressed by exclusionary rule.
17
Q
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.
A
constitutionally.
18
Q
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.
A
detained
19
Q
_____ ____ are protected by the Fourth Amendment as to entry and search of their hosts’ homes, casual visitors are not
A
overnight guests.
20
Q
The scope of a search under a warrant is defined by
A
the places authorized to be searched and the things authorized to be seized.
21
Q
Evidence or contraband not mentioned in the warrant may be _____ under the plain view doctrine, if immediately recognizable.
A
seized
22
Q
Evidence or contraband not mentioned inthe warrant may be seized under the _____ _____ doctrine, if immediately recognizable
A
plain view
23
Q
Officers serving search warrants may extend their _____ to the person of any individual lawfully arrested on the premises.
A
search
24
Q
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.
A
Due Process
25
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.
26
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.
27
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.
28
Sneak and Peek Warrants
Allow entry for investigation, but do not authorize the seizure of property.
29
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.
30
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.
31
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.
32
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.
33
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.
34
Consent may be limited or revoked at will by
the person giving consent
35
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.
36
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.
37
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.
38
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.
39
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.
40
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.
41
Voluntariness of Consent is measured against a
reasonable innocent person standard
42
Unlawful Detention, Arrest, or search
If consent if found after an illegal search, it is tained untill there is a significant interviening circumstances
43
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.
44
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.
45
Search Incident to Arrest
permitted in order to locate evidence, offensive weapons, and the means of escape
46
Three Requirements for Search Incident to Arrest
lawful arrest
custodial arrest
contemporaneous search
47
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.
48
A search incident to arrest presupposes a ______ arrest
lawful
49
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.
50
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.
51
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.
52
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
53
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.
54
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.
55
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.
56
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.
57
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.
58
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
59
Chimel V. Califnoria
Police had an arrest warrant for Ted Chimel for burglary and went to the house and were allowed inside by his wife. Chimel was arrested when he arrived home minutes later.
Chimel refused consent to search the house, but officers conducted a 45 minute search.
Court held that the search exceeded the lawful scope of a residential search incident to arrest and reversed his conviction.
60
When making an arrest inside private premises, the scope of incidental search does not
extend to the areas beyond the immediate control of the arrestee.
61
Combining the holdings of Chimel and Buie, the scope of permissible search incident to arrest within a residence or other private premises includes the area under the arrestee's immediate control, as well as a
peek into adjoining closets, rooms, and other spaces but not a search of any other places.
62
An outdoors arrest does not allow a non-consensual entry into or search of the arrestees
home, incident to arrest.
63
Searches Consequent to Arrest
Booking Search
| Vehicle Inventory Search
64
Illinois V. Lafayette
Lafayette was arrested for disturbing the peace. At the time he was carrying a shoulder bag which could have been searched incident to arrest but was not.
At the station the officer removed the contents in accordance with a standard procedure calling for an inventory of all property. Ten meth pills were found, and he was charged with the drugs.
The Supreme Court held the booking seaerch as reasonable means of insuring institutional security and accountability.
65
A standard booking search of a person's clothing and effects prior to incarceration
is a reasonable search
66
South Dakota V. Opperman
Opperman's car was towed for parking violations. At the city lot a officer conducted an inventory search using a standard inventory form, and following standard inventory procedure for impounded automobiles. In the glove compartment, the officer found a bag of marijuana. When Opperman came to claim his car he was arrested.
The Supreme Court held that the inventory to be a valid search, for the same kinds of reasons that booking searches are upheld.
67
Colorado V. Bertine
Bertine was arrested for OUI, and a cover officer inventoried the van pursuant to a department policy. The officer opened a backpack, another container, and a 3rd container and found drugs.
The Supreme Court held that there was no requirement that the search occur at the impound lot, and that the policy called for a "Detailed" inventory, and the court held that this allowed police to open and inspect all the containers therein.
68
The scope of an inventory search is defined by
the policy under which it s conducted.
69
Standardized Policy
The court also held that in the absence of a specific policy defining the areas to be searched during an inventory, makes a detailed search unreasonable.
70
Florida V. Wells
Florida Highway Patrol arrested a male for OUI, and found a small amount of marijuana in an inventory search, and a large amount in a locked suitcase.
The Supreme Court held that a policy need not command officers to search "all containers or none" and could leave officers some discretion to bypass containers whose contents could be determined by their outward appearance, the court agreed with the Florida Courts that the absence of any policy allowing officers to open containers gave too much individual discretion.
71
Mug Shots
Assuming a person is lawfully arrested, it is not unreasonable to take the persons photograph.
72
Fingerprinting
Probable Cause allows officers to take fingerprints when the person is taken into police custody.
73
The Fourth Amendment allows requiring a suspect to submit handwriting exemplars.
Assuming a person is lawfully arrested, it is not unreasonable to compel an exemplar of the person's handwriting. The text uses an example of using a grand jury directive.
74
It is not unreasonable for a person who is lawfully arrested, and it is not unreasonable to compel an exemplar of the person's voice.
If the arrestee refuses to provide an exemplar of his or her voice, handwriting, etc. The trial court may instruct the jury that it may treat that refusal as evidence of a consciousness of guilt.
75
Evanescent Evidence
If evidence may be destroyed through the body's natural processes or the suspect's efforts and if the situation does not permit prompt issuance of a search warrant it may be taken in a reasonable manner.
76
Missouri V. McNeely
McNeely was arrested for OUI by a Missouri Officer. He refused to submit to a blood, or breath test so the officer took him to a medical facility where blood was taken.
Court held that in the absence of showing that unavoidable delay would negatively affect the probative value of the results a warrant is required.
77
DNA Sampling
May be required as part of a booking procedure to take a cheek swab. Provided there is probable cause for the arrest, and the prisoner is to be held in detention or custody for some period of time, rather than being cited and released.
78
"Fleeting targets" exception
applies to any kind of motor vehicle, vessel, or aircraft
79
The diminished expectation of privacy in government - regulated vehicles help to justify their warrantless search based on PC.
80
Two Requirements for Fleeting Target Exception
Lawful Access
| Probable Cause
81
With PC, a fleeting target may still be searched
without a warrant, even though it is in exclusive police custody
82
Pennsylvania V. Labron
Drug agents watched drug transactions and arrested the dealers. They searched a vehicle and found drugs. They could have gotten a search warrant but declined to do so.
The Supreme Court held that probable cause supports a warrantless search of a fleeting target, and the rule is unaffected by the opportunity to secure a warrant.
83
Maryland V. Dyson
A drug investigator received a reliable tip about an incoming drug shipment, including a description of the vehicle that would be used. Based on this tip and corroboration PC was established to search the vehicle.
The driver was stopped and searched. 23 grams of crack cocaine was located. The lower court held that they had time to get a warrant and suppressed the evidence.
The Supreme Court reversed and held the evidence admissible. The court chastised the state court for not following the holding in Labron, and for insisting on some sort of exigency.
84
Michigan V. Thomas
Thomas was drinking in his car while a 14-year-old driver drove him around. The car was stopped for a signal violation, and the officer impounded the vehicle. Drugs and a loaded handgun were found in the car.
The US Supreme Court held the search was legal, and stressed that it previously ruled more than once that no exigency is required for a fleeting targets search, and that PC will justify a search even if the vehicle is in exclusive police custody
85
US V. Johns
Customs officers were conducting surveillance on suspected drug smugglers in Tucson., saw them loading bales of marijuana into a truck. Officers approached the men, and smelled marijuana, and arrested the involved parties. Three days later agents opened the packages and confirmed marijuana.
The Supreme Court reiterated that the police do not lose the right to search a fleeting target and its contends merely because the suspects have been taken into custody.
86
Florida V. Meyers
Sexual assault suspect was arrested, and his vehicle impounded and searched. Police went and searched again later looking for different evidence and found it.
The Supreme Court held this was the same as Thomas and Chambers, and shit on the Florida Court of Appeals for not applying prior rulings.
87
The scope of the fleeting targets search depends
on the nature of the property being sought and the focus (if any) of the probable cause.
88
The Chadwick-Sanders Rule
A lockbox was surveilled leaving a train, and being placed into a car. The police knew it contained marijuana. The men were arrested when the trunk was placed in the vehicle. Since the PC was about the locked trunk, not the car the fleeting targets exception did not apply.
88
The Chadwick-Sanders Rule - Bad Case Law
A lockbox was surveilled leaving a train, and being placed into a car. The police knew it contained marijuana. The men were arrested when the trunk was placed in the vehicle. Since the PC was about the locked trunk, not the car the fleeting targets exception did not apply.
No longer used
89
US V. Ross
A reliable informant told DC police that drugs were being sold out of a particular car at a specific address, by a described suspect. Police corroborated the location and made a car stop when the vehicle was seen in traffic. 2 paper bags were found in the car, which were opened and contained cash and heroin.
Supreme Court held the evidence admissible, recognizing the confusion generated by the Chadwick-Sanders opinions, and severely limited the holdings in those cases by adopting a rule that the scope of a fleeting targets search is the same as the scope of search by warrant, including compartments and containers.
90
Wyoming V. Houghton
A Wyoming Highway Patrol officer made a traffic stop and the driver admitted had paraphernalia that was used for injecting drugs. In a purse in the car the officer found 70 ccs of liquod methamphetamine.
The Supreme Court denied suppression, holding that no distinction can be made between a driver's property and a passenger's property and there is PC to suspect the presence of contraband or evidence somewhere in a vehicle.
91
Officer Safety Searches Not Requiring Independent Justification
Ordering out of Vehicle (Driver and Passengers)
| Entry Following Arrest
92
Pennsylvanie V. Mimms
2 police officers stopped Mimms for operating with an expired license plate. Mimms was ordered out of the car, and when he saw a bulge on Mimms a firearm was located.
Supreme Court held an officer can order driver's out of the vehicle with no independent justification.
93
Maryland V. Wilson
Trooper stopped a vehicle and the passenger appeared nervous, and ordered the driver out of the vehicle. When he got out crack fell onto the ground.
US Supreme Court held passengers can be removed from vehicle for same reasons as in Pennsylvania V. Mimms
94
Washington V. Chrisman
University Police saw a student carrying liquor in violation of university regulations and State law. The officer arrested the student, who asked to go to his room to get his ID. In his room marijuana was found in plain view, and his roommate was also arrest.
US Supreme Court held that police can maintain custody of an arrestee if they want to go back in their residence to obtain an item.
95
Officer Safety Requiring Reasonable Suspicion
```
Weapons Frisk (Terry V. Ohio)
Passenger Compartment (Michigan V. Long)
Protective Sweep (Maryland V. Buie)
```
96
Lanza V. New York
Lanza visited family in a New York jail visiting room. This room was recorded, and officers recorded their conversation relating to corrupt practices in the parole system. When the brother refused to testify he was charged with contempt.
The Supreme Court said no person can have a legitimate expectation of privacy as to unprivileged communications within a jail. (I.E. Except attorney client, clergy, doctor patient, etc.)
97
Palmer V. Hudson
Hudson was a prisoner in Virginia. After a shakedown he filed a civil rights lawsuit.
US Supreme Court held there is no "limited privacy right" against random searches of prisoners' cells and lockers.
98
The cout did not say that shakedown searches are an exception to the warrant requirement due to their reasonableness, but instead specifically held that the prohibition against unreasonable searches "does not apply."
99
Block V. Rutherford
Prisoners fired a class action lawsuit against the county and the sheriff challenging the practice of shakedown searches conducted while they were absent from their cells.
Ninth Circuit held that prisoners had a right to be present for searches.
The US Supreme Court reversed saying the courts are not authorized or qualified to make day-to-day decisions about how best operate a jail, and should therefore defer to the correctional officials.
100
Unobserved, _______, shakedown searches in prison and in jail do not violate the Fourth Amendment rights of the inmates.
unannounced.
101
Body Cavity Searches
Strip searches, and cavity exams are reasonable prior to placing an inmate in general population, and after a visit.
102
Bell V. Wolfish
Federal pre-trial detainees in the Metropolitan Correctional Center in New York brought a civil rights lawsuit challenging various conditions of their confinement including the practice of strip searches and visual body cavity searches following contact visits.
The Supreme Court ruled they were reasonable, and that the presumption of innocence is a burden of proof in criminal cases and is an "inaccurate assumption" for the purposes of incarceration.
103
US V. Edwards
Eugene Edwards was arrested in Lebanon, Ohio, for trying to break into the local post office. After he was place dinto a cell, investigators learned that prying at the point of entry had dislodged paint chips. They returned to the jail and collected clothing.
The Supreme Court held searching prisoner property when arrested, or booked, or letter made no difference.
104
Segregation of Prisoners
There is a constitutional presumption against racial segregation of prisoners that can be overcome only by showing a strong need, and a limited application.
105
Use of Passive Restraints (Handcuffed, hobbled, tied down, or otherwise incapacited)
Passive restraints may be used as necessary for prisoner compliace with reasonable regulations, but not to punish
106
Use of Force in correctional facilities
Use of Force to restore order must be reasonable and must end when order is restored.
107
Prisoner First Amendment Rights
Can be restricted only to the extent necessary for security order or rehabilitation.
108
Deliberate ______ to prisoners' medical needs violates their constitutional rights.
indifference
109
Depending upon the jurisdiction and the inmate's status, civil suits alleging mistreatment may claim violations of the Fifth, Eighth, or Fourteenth Amendments.
Depends on State Vs. Federal officers, and if they have been convicted.
110
"Special Needs" Doctrine
Not all reasonable searches have fit neatly into standard exceptions for consent, inventory, search incident to arrest, fleeting targets, officer safety or custody services. Special Needs are also reasonable when the nature of the intrusion on the person's privacy interest is deemed to be outweighed by necessity.
111
Griffin V. Wisconsin
Griffin was on probation in Wisconsin when his PO received information that he might have a gun. The regulations allowed PO to enter home to search with reasonable grounds to believe a probationer was violating.
The Supreme Court affirmed but did not reach the issue of whether the PO had reasonable grounds to search or needed it, but said that operation of the probation system presented a "spec8ial need" that made the search reasonable.
112
US V. Knights
Mark Knights was on probation for a drug offense. He was suspected of utility sabotage, and surveillance generated reasonable suspicion. They searched his home finding evidence.
US Supreme Court held the search was supported by reasonable suspicion and held at least where such a suspicion was found, a probation search would be reasonable regardless of the purpose for which it was conducted.
113
A probation search conducted for _______, rather than rehabilitative, purposes is not unreasonable for that reason.
investigative.
114
Samson V. California
Samson was on parole for a felony firearms conviction. An officer saw him walking and knew he was on probation. The officer stopped him, and confirmed he had search conditions. He was searched and methamphetamine was found.
Supreme Court affirmed, stated parole was like a probation condition, and that the search condition effectively eliminated his legitimate expectation of privacy, so that no suspicion was required to search him.
115
Searches conduction in a ________ manner and in accordance with the terms of a valid probation or parole search condition are reasonable under the Fourth Amendment.
reasonable
116
Penn. Board of Probation and Parole. V. Scott
Scott was sentenced to prison for murder and paroled. He signed a parole agreement. A search found firearms and ac compound bow with arrows. These weapons were seized and admitted at the hearing to revoke his parole.
The State court reversed and held the evidence inadmissible.
US Supreme Court assumed (but not necessarily agreeing) that the search of Scott's residence was unreasonable (later rejected in Samson case) the court held the rationale of the exclusionary rule did not apply to parole searches and proceedings.
117
The Fourth Amendment exclusionary rule does not apply at _______ proceedings.
revocation
118
Probation as Possible Independent Search
To develop a possible independent source and for safety assessment, officers may wish to inquire into an encountered person's probation or parole status at the outset of the contact.
119
New Jersey V. T.L.O
Vice Principal at a public high school in Middlesex County was informed by a teacher that TLO had been smoking in the girls' room. Principal searched and found cigarettes, rolling papers, marijuana, and money, and a pay owe sheet detailing drug sales to other students. This was turned over to Police.
The Supreme Court held that Fourth Amendment applies to public school searches, the court considered the "special needs" of school officials to maintain school discipline and safety and balanced this need against the students' right of privacy. The court ruled that the probable cause standard must be relaxed in public schools.
120
Drug Testing in Schools
Public School policies requiring drug testing of students as a condition of participation in athletics and school clubs and activities are allowable under the "special needs" doctrine.
121
`A public employee's workplace may be searched by an employer upon _______ _____ to suspect the presence of evidence of employment misconduct, or to locate employment materials.
reasonable grounds
122
Suspicionless drug or alcohol testing may be required of public employees in ________ _______ positions
Safety Sensitive
123
The suspicion less seizure and search of _____ or _____ samples by public medical facilities to be used as possible criminal evidence against the patient violates the Fourth Amendment
blood or urine
124
Searches at the _______ ______ require no justidication
international border
125
Suspicionless border searches may also be made at the functional equivalent of the international border, such as fixed checkpoints at or near the border and ______ _____ and vessel ports.
international airport
126
US V. Flores-Montano
Defendant drove a station wagon to the United States from Mexico at a port of entry. A tap on the fuel tank sounded solid, and the tank was removed. Officers found 81 pounds of marijuana.
US Supreme Court held that no suspicion was required, since the removal of the gas tank occurred during a border search.
127
Administrative Warrants
Still subject to the Fourth Amendment
128
New York V. Burger
Burger owned a junk yard in New York. A team of plainclothes police officers conducted an inspection visit authorized by statute. They found stolen items and charged him.
The Supreme Court said junk yards are pervasively regulated, and the states inspection scheme created a valid exception to the usual warrant and probable-cause requirements of the Fourth Amendment, and that made it no constitutional difference that the searches were conducted by law enforcement officers instead of civil inspectors.
129
An officer engaged in a "___________________________" is not conducting a criminal investigation subject to normal Fourth Amendment requirements.
Community Caretaking Function
130
Police officers may not cross the threshold of a residence without _____, ________,,_________ or _________
warrant, consent, probation or parole authority, or exigency
131
US V. Leon
An informant of uknown reliability tipped a police officer in California to narcotic activity he had seen five months earlier. Police investigation of these suspects also identifeid a known associate, Alberto Leon. Police obtained a search warrant and found a large quantity of drugs.
Court assumed warrant was invalid since government did not try to argue it wasn't, but held it wasn't obvious and the officers relied on good faith, and exclusion should not be ordered.
132
An ________-_________ search warrant will allow lawful entry into the designated premises.
apparently-valid
133
Payton V. New York
Police believed Theodore Payton murdered a gas station manager. Payton wasn't home, but police forced entry and found nd seized a shell casing they saw in plain view.
The Supreme Court held that even though there was PC to arrest Payton for a serious crime, there was no showing of an emergency that excused the warrant requirement for an in-home arrest.
134
The residence on the warrant is NOT the only residence that can be searched under Payton V. New York
Any residence that an officer reasonably believes to be the residence of the person named in the warrant.
135
Michigan V. Tyler
A fire had been set by the owner. Fire Marhsalls and Police made several visits and etrances finding evidence of arson, and charged the owner.
US Supreme Court held that Fire Fighters can go in to fight the fire, and make sure the fire remains extinguished. Any evidence seen during this time can be seized. IF someone wants to go back for the purpose of investigaint cause of fire, would need an administrative warrant. If you are looking for evidence for the criminal case, it requires a search warrant.
136
Michigan V. Clifford
Detroit firefighters put out a residential fire at the home of Clifford. During the administrative warrant searches the investigator had gone through private articles, and conduct a complete criminal search. The Court held that initial entry is justified under exigent circumstances, and administrative warrants can only be used for the purpose of an administrative search. For a complete search for criminal evidence a search warrant is required.
137
Fernandez V. California
Officers investigating a street robbery tracked a suspect to an apartment occupied by Walter Fernandez, his girlfriend, and 2 small children. They asked for consent to enter, and Fernandez objected. Fernandez was arrested and after he left the girlfriend consented to a search.
Court held there was no evidence police only arrested him to facilitate the consent for search and upheld the search. Voluntary consent of someone with apparent authority allows officers to enter private premises.
138
Probation or Parole Entry
Lawful entry into private premises may be made in conformity with the terms of probation or parole.
139
Thompson V. Louisiana
A 911 call for help, if police are uanble to confirm the caller is not injured or under imminent threat of injury would justify a warrantless entry to render aid.
140
Bringham City, Utah. V. Stuart
Police went to a call for a loud party, and saw persons fighting inside the home. Officers go inside and arrest several people for misdemeanor charges.
US Supreme Court held that exigent circumstances may justify immediate entry, and stated that a fight in progress amounts to an exigency, and police officers need not wait until injuries become more serious before intervening.
141
Exigent Circumstances for Property Damage
An imminent threat of substantial property damage is an exigency that justifies immediate warrantless entry.
142
Warden V. Hayden
Hayden robbed a taxi,stand and two drivers saw him flee and followed him to his residence. Police went inside and searched the house for the robber, and firearms.
Supreme Court held that police can enter the residence and seize firearms and suspect. Immediate ("fresh) and "continuous" hot pursuit of a dangerous suspect from the scene of a recent crime permits warrantless entry.
143
Exigent entry can be made to prevent the escape of a suspect from an attempted lawful detention or arrest set in motion.....
while the suspect was in a public place.
144
The threatened imminent destruction of evidence is an exigency
that excuses the warrant requirement.
145
______ ______ risks are elevated when law enforcement officers make entry into private residences and offices.
civil liability
