Searches Flashcards
What is the purpose of the Fourth Amendment?
Protects an expectation of privacy that must be both:
- reasonable
- legitimate
Fourth Amendment Exceptions
Detention Facilities
Open View
Trash outside the curtilage
Person has no reasonable expectation of privacy
Abandoned property
Search by a private citizen not acting as an agent of Gov.
Searches at airports
Search Warrant Exceptions
Search incident to arrest Plain View Inventory Consent Exigent Circumstances to include Hot Pursuit Vehicle search warrant exceptions
Abandonment
Actions or words which clearly show a person has disclaimed ownership over real or personal property
Consent
A person giving consent must:
- Be informed
- Not be coerced
- Have actual or apparent authority
- Have the ability to revoke consent
Curtilage
Areas near a residence where there is a reasonable expectations of privacy.
- Proximity of the AREA to the home
- Whether the AREA is included in enclosure which surrounds a home
- How the AREA is used
- Steps taken to protect the AREA from passers-by
Exigent Circumstance
Probable cause to justify a warrantless entry to:
- Prevent the destruction of evidence for a felony offense
- Arrest a violent or dangerous suspect who may escape if not immediately apprehended
- Preserve life or render aid
Hot Pursuit
Sub-category of “exigent circumstances” where a dangerous or felony suspect is fleeing and an officer has direct knowledge of the suspect’s location which would justify entry for apprehension.
Investigative Detention
“Terry Stop” seizure of a person for no more than 60 minutes. An officer must have REASONABLE SUSPICION that a person is, has or is about to commit a crime.
Nighttime Service Request
A request contained within the body of a Search Warrant that authorizes its execution anytime of day or night.
Open View
Does not protect a person who knowingly exposes to the public regardless of where that takes place.
Does not amount to a search or warrantless seizure.
Plain View
Officer must satisfy three requirements:
- In a position in which he has a legal right to be in
- Item’s incriminating character is immediately apparent
- Lawful right to get the object without additional intrusion
Plain Feel
Immediately apparent an item is probably contraband, the officer may seize the item.
Piggyback Warrant
An additional warrant acquired following the service of a primary warrant.
Premise Freeze
Entry into a premise, with probable cause but without a search warrant, for the purpose of clearing and securing the premise in anticipation of obtaining a search warrant.
Probable Cause Arrest
When the facts and circumstances known to an officer would warrant a prudent man in believing that a crime had been committed and the accused had committed it.
Reasonable Suspicion
Facts or circumstances leading a reasonable person to believe a crime has, is or is about to be committed.
Protective Sweep
Officers lawfully present in a structure may conduct a limited search of areas within to identify threats to safety.
Search
Police intrusion on a legitimate expectation of privacy
Seizure
Can be of both person or property.
Police interference with an individual’s freedom of movement and or right to posses/control the item.
Levels of Contact and Justifications
Consensual Encounter - No Justification
Investigative Detention “Terry Stop” - Reasonable Suspicion
Arrest - Probable Cause
P/C Evidence Is Contained In Vehicle
Consent
Vehicle is readily mobile
Search pursuant to search warrant
No P/C Evidence Is Contained in Vehicle
Consent
Inventory
Protective Frisk
VIN Inspection
P/C Vehicle Search
Vehicle is readily mobile and P/C exists to believe it contains contend or evidence
Vehicle Search Incident to Arrest
A search can be conducted only if it is reasonably believed the arrestee is within reaching distance of the passenger compartment at the time of the search; however, this would create an officer safety concern and therefor policy states officers should not search a vehicle on these grounds.
Frisk of a Vehicle for Weapons
A search is justified only when the subject is unsecured and within reaching distance of the unlocked passenger compartment at the time of the search.
Search Warrant is issued upon?
- An officer’s Probable Cause statement supported by oath or affirmation
- Describing the place to be search
- Describing the items to be seized
The affidavit for a search warrant must include
- Affiant’s identity and experience
- Crime alleged and why the items sought to be seized are evidence of the crime
- Statement of P/C establishing link between the items sought to be seized and the place to be searched
Return of Service
List of items seized during the execution of the warrant. A copy is left with the search warrant and original is retuned to the court within 10 days.
