Pre-Trial Issues: Search and Seizure Flashcards
Search Definition
Governmental activity that invades a person’s subjective reasonable expectation of privacy
Seizure (Person) Definition
Detention of a person where the person is not free to leave based on a reasonable-innocent person standard
Seizure (Property) Definition
Significant governmental intrusion into a person’s right of possession
Search and Seizure Standards (5)
(1) arrests are always seizure of a person
(2) Investigative detention/stops, including traffic stops, are seizures, but consensual encounters are generally not.
(3) An investigative detention does not require probable cause, but fact-based reasonable suspicion is required
(4) Has to be a government official for 4th amendment to apply
(5) Only unreasonable searches or seizures violate the 4th Amendment.
Search Warrant Definition
Written order issued by neutral and detached magistrate, ordering peace officer to search for property, seize it, and return to magistrate.
Search Warrant Procedure (2)
(1) Sworn affidavit presented to magistrate
(2) Magistrate determines under totality of the circumstances probable cause exists
Sworn Affidavit Probable Cause Must show: (3)
(1) what specific offense was committed
(2) property sought constitutes evidence of that offense, and
(3) that property sought is at the location to be searched.
Four Corners Rule
Issuing court can only rely on information contained in the affidavit.
Contents of a warrant (4)
(1) In the name of Texas
(2) Identifies thing to be sized and property to be searched
(3) Commands peace officer to conduct search, and
(4) Dated and signed by magistrate
Execution of Search Warrant (3)
(1) Issued w/out delay
(2) In no event longer than 3 days
(3) Copy must be given to owner or left at place
Good Faith Exception
When a defective warrant is based on probable cause, and the officer objectively believes in good faith that the warrant is valid, the evidence is admissible
Search and Seizure Balancing Test
degree of governmental intrusion into a person’s privacy v. the government’s legitimate reasons for the intrusion
Standing
(1) Defendant assert that his 4th amendment right was violated
(2) Evidence obtained is intended to be used against him in a criminal trial, and
(3) Defendant be the victim of an alleged illegal search or seizure.
Search and Seizure Test
Did the person has a reasonable expectation of privacy in the place searched or the property seized?
Passenger Standing (3)
Lack standing:
(1) glove compartment
(2) area beneath the passenger’s seat
(3) trunk
