Chapter 12- Searches, Seizures, and Arrests

THE FOURTH AMENDMENT

- People are secure from unreasonable searches and seizures, and must be probably cause
to issue a warrant, place searched must be described
- Remedies against violation: exclusionary rule and civil action against offending officer
Privacy
- In 1967, Supreme Court changed interpretation to protect people as well as places
- Katz test: search occurs when an expectation of privacy that society is prepared to
consider reasonable is infringed
o No search unless there is an invasion of reasonable expectation of privacy
Observing from a sidewalk for ex is not a search
- Less legal right to privacy in commercial premises than dwellings
o Overnight guests have a reasonable expectation of privacy in hosts home
o Seizure: a meaningful interference with an individuals possessory interest
Probable Cause
- Law enforcement officers must present sufficient facts to convince a judge to issue a
search warrant or an arrest warrant
o No warrant issued unless it is more likely than not that the objects sought will be
found in the place to be searched
Sources Used to Establish Probably Cause
- Any observations, evidence, hearsay etc can be used
- Must be supported by facts
o Inadmissible evidence can be used to gain warrant if it has some credibility
- Debated whether info from an informant (someone involved in the crime) can be used
o Officer just has to give enough info to magistrate to prove credibility and
reliability of informant
- Animals such as dogs can be used
o Having a dog sniff you is not a search
Good Faith Reliance on a Warrant
- Exclusionary rule doesnt apply to evidence seized by a police officer, acting in good
faith reliance on the warrant, it is still admissible
SEARCHES AND SEIZURES
The Warrant Requirement
- Strong preference for the use of warrants over warrantless actions
- Searches with warrant are considered reasonable, warrantless searches only in special
circumstances
- If warrant is facially invalid, fruits of the search will be excluded
Obtaining a Warrant
- Evidence must establish probable cause that the items sought will be found in area to be
searched
- Must be probable cause to believe items sought are connected to criminal activity
- Area to be searched and any item to be seized must be described
o Warrants for items that are illegal in themselves dont need to be as particular
- Facts that support probable cause have to be supported by Oath

- Warrant must be issued by a neutral and detached magistrate

Scope of Warrants
- May be issued to search and seize any item that is evidence of a crime, fruit of a crime,
contraband, or used to commit a crime
- Can be issued to search or seize any property
- Occupants of a searched area can be detained, but not for an unduly prolonged period of
time
Executing the Warrant
- Usually to be executed during the day
o A request must be made to execute at night
- Must be executed in certain time after issuance
- Police must knock and announce purpose
o Judge may issue no-knock warrants
- Owner of property must get a receipt of items taken
Exceptions to the Search Warrant Requirement
A voluntary consent to a search
Plain View
- The officer must lawfully be in an area from which the object to be seized is in plain view
and the officer does in fact see the item, there is probable cause to believe the object is
connected to a crime, and the officer has a right to access the object itself
o Evidence in public places doesnt need warrant
o If on private property lawfully, no warrant needed
o Only sense of sight and touch may be used to establish plain view
Stop and Frisk
- Probable cause not required, but officer has to have reasonable suspicion that the person
stopped has committed, is committing, or is about to commit a crime
o Intuition alone is not enough suspicion
- Seizure happens when the reasonable person believes that he or she is not free to leave
- Questioning isnt detention, but may be if it becomes lengthy or accusatory
o Stops are to last no longer than necessary
o Investigation must be conducted in the least intrusive way available to dispel or
verify the officers suspicions
o Limited to outer clothing
Plain Feel
- If contraband is discovered through the sense of touch, probable cause exists to search
further, contraband is also admissible
Search Incident to Arrest
- After a lawful arrest, defendants person may be fully search w/out warrant
- Area where arrest occurred limited to area within defendants immediate control
- When arrest made on occupant of a car, the passenger compartment and any containers
may be searched
Preservation of Evidence
- Any evidence that may be destroyed, intentionally or not, before a warrant can be
obtained, can be searched and seized

Emergency Searches and Hot Pursuit

- Officers allowed to enter if he has reasonable belief of an emergency, any evidence seen
can be seized
- Officer chasing a suspect doesnt have to end pursuit at the door
o Plain view exception applies once inside
Open Fields
- No warrant needed for open fields around ones home
- Curtilage (area directly around the home) is secured
- Many factors used to separate the two
Border Searches and Profiles
- No search at the border of the US requires a warrant, must be reasonable however
- Strip search requires real suspicion, cavity searches require more suspicion
o Must be private and medically safe
- Roadblock checkpoints miles from border require probably cause to search a vehicle
- Profiles used to determine who is most likely to be doing illegal activity
o Reasonable profiles can establish reasonable suspicion
o Can support real suspicion, but nothing more
Motor Vehicles and Roadblocks
- Less expectation of privacy in a car than at home
Stops
- Motorist can be stopped with probable cause
- Frisk permissible with reasonable belief of a weapon
- Roadblocks used in 2 ways:
o To apprehend a particular suspect
Reasonable suspicion must be made to stop someone
o To protect the public from unsafe drivers
Temporary detentions permitted if both random and reasonable
Must be systematic
Sometimes used to test sobriety and are supported by courts
Occupants
- Drivers and occupants of lawfully stopped cares may be ordered out without specific
cause, cant be searched w/out probable cause
Searches
- Vehicles may be impounded if driver or owner is arrested, but may use a less intrusive
manner such as having someone else drive the car home
- Inventory search may be conducted if impounded
o Meant to protect owner from vandalism and safety of officers, no intent to
discover evidence, no probable cause needed
o Can only search glove compartment and trunk if unlocked
Prisoners
- 4th amendment not applicable in prisons in cells, but does apply to personal searches
o Only need to meet the reasonableness provision
o Repeated searches meant to harass are not included

ARRESTS
- Deprivation of freedom by a legal authority
- Terry seizure: person has reasonable belief that they are not free to leave
o Must be short as possible and limitedly intrusive
o Anything more is an arrest
The Warrant Preference
- Probable cause will be supported on appeal of a warrantless arrest
- To arrest in a public place: officer must have probable cause to believe that a crime was
committed and the person arrested committed the crime
o Usually must be a felony, states differ on treatment of misdemeanors
Misdemeanors usually need warrant unless committed in presence of
officer
Arrests in Protected Areas
- Warrant required
- Limited right to enter suspects home, with reason to believe suspect is within
- Dont authorize entry into property of a third person
o Search warrant would be required as well
Search Incident to Arrest and the Protective Sweep
- Arrestee and area within arrestees immediate control may be searched
- Limited to areas where a weapon might be obtained
- Protective sweep not allowed unless there is belief that other dangerous persons are
hiding in home
o Limited to areas where a person could be hiding
Executing Arrest Warrants
- Can be executed at any time, but usually at reasonable hour
- Must knock and announce presence except when:
o Safety of police or others will be endangered w/announcement
o Announcement will allow those inside to destroy evidence or escape
o Occupants know the purpose of the officers
Illegal Arrests
- Doesnt affect right to trial, except if government conduct is outrageous, shocking, and
gross
- Evidence obtained thru a search incident with an illegal arrest is inadmissible