Search And Seizure Flashcards
Exclusionary Rule
Prohibits evidence obtained by unreasonable search and seizure from being used in court
Exceptions to the Exclusionary Rule
SILA
Plain View
Automobile
Consent
Emergency / Hot Pursuit
SQF
Inventory
Search Warrant
Court Order issued by local criminal court directing search of a designated premises, person, or vehicle for the purpose of seizing designated property. A search of a designated premises for purpose of searching&arresting a person who is the subject of an arrest warrant.
Payton v New York
You cannot enter the home or residence of a suspect to effect an arrest without an arrest warrant
United States v Steagald
If you enter the home or residence of a third person without consent or exigency circumstances to look for a suspect, who is the subject on an arrest warrant, you must have a search warrant
Two Documents Prepared when applying for a search warrant
The search warrant itself
A search warrant affidavit
Which categories of property are subject to seizure by a search warrant?
Stolen / Unlawfully Possessed Property
Property that has been use, or is possessed for the purpose of being used, to commit or conceal the commission of an offense
Constitutes evidence or tends to demonstrate that an offense was committed or that particular person participated in the commission of an offense
When can a search warrant be executed
Any day between 6am - 9pm
Nighttime Endorsement
Allows search warrant to be executed anytime.
Must show that the warrant cannot be executed between 6am - 9pm
Or
The property sought will be removed or destroyed if not seized forthwith
Michigan v Summers
Occupants inside of premises being searched
(a) Police may detain occupants while the search is being conducted.
(b) If contraband is uncovered in the premises, the occupants in control of premises may be charged
(c) Cannot search occupants unless the warrant authorized search of everyone
Michigan v Bailey
Immediate Vicinity
Officers may only detain occupants if they are found in the immediate vicinity of the premises. Immediate vicinity:
(a) Lawful limits of premises
(b) Whether occupant was in line of sight of his dwelling
(c) The ease of reentry
(d) Law Enforcement Interest
May all persons found in a location where contraband is recovered during a search warrant execution be arrested?
No, mere presence does not establish probably cause. Officer has PC when:
Search warrant states PC
Person Possesses Contraband (actual or constructive)
Drug Factory Presumption
People v Kim
Close Proximity
Establishes “Close Proximity”
Physically present in room
Outside the room with drugs
In immediate flight or are apprehended fleeing the premises upon the appearance of the police
Drugs & paraphernalia must be in open view
United States v Chadwick
PC a closed container contains contraband
A search warrant is required before officers may open a closed container that is property in their possession after an arrest when they probably cause to believe container contains contraband. Unless reasonably believe contained evidence could be damaged or weapon
Anticipatory Search Warrant
Warrant application must establish probable cause to believe that the property will be physically present at location when warrant is executed. Must state with some degree of specificity or steps have been taken to prevent premature execution (surveillance)
Plain View Excetion
Applies when:
Officer has legal right to be in location
The discovery is inadvertent
Probable cause is immediate
Search Incident to Lawful Arrest
Allows searching of person for weapon, instrument that can facilitate escape, or evidence of the crime for arrest
Containers of Arrested Persons (SILA)
Container concealed on person auto search. Portable container carried or within grabbable area can be seized not search without reasonable belief of a weapon or destruction of evidence. Search should take place immediately. A search warrant must be obtained for container with PC to contain evidence.
Factors that Establish Reasonable Belief
Violent Crime. Suspect is known to be violent. Statements or actions of suspect. Container would reasonably suggest a weapon (bullets, empty holster). Any other evidence or info which may cause Officer to fear a weapon is concealed
Searches of Closed Containers incident to Lawful Arrest requirements
Safety - Threatening demeanor or resists removal of container from their person.
Protection of Evidence - Reasonable Belief evidence may be destroyed or concealed
Automobile Exception
Allows police to search a vehicle and any container found therein when they have probably cause to believe the vehicle contains contraband, a weapon, or evidence of a crime
Consent
Must be made voluntarily, knowingly, and intelligently
Factors considered with consent
Was suspect in custody and what are the circumstances of custody?
The background of the consenter
Is the consenter evasive or uncooperative?
Was the consenter advised of their right to decline
Emergency Exception
Search is conducted not solely to obtain evidence but to eliminate a threat to public safety
Hot Pursuit
Police must have probably cause and are attempting to apprehend a suspect. They may enter any premises the suspect enters
Why Inventory Procedure is Conducted
Protect Property from loss or theft
Protect the police from false claims of missing property
Verify or ascertain the arrestees identity
Protect police and public from hazardous, explosive, or perishable items
Locked Container with Regard to Inventory Procedure
Should not be opened unless doing so would cause more than minimal damage. Unless:
Owner consents
Hazardous or perishable material
Contents are in plain view or can be inferred from appearance of container
Crime Scenes
Need a warrant to search crime scenes in premises.
Homicide crime scene where place of occurrence is the victims resident do not require warrant
