Amendments in Action

Search and Seizure

The 4th Amendment• “The right of the people to be secure

in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”

• The 4th Amendment limits police actions

Search and Seizure

• To be constitutional, a search and seizure must be reasonable under the 4th.

• Warrant• Consent

– Only UNREASONABLE search and seizure is prohibited

• To combat and deter illegal conduct by investigators

• In court, the DEFENSE has the burden of proof to show search was illegal

– motions to suppress- used in less than 8% of all cases

Search and Seizure

• To be constitutional, a search and seizure must be reasonable under the 4th.

– Exclusionary Rule:

• Weeks v. US (1914):

• Mapp v. Ohio (1961):

Reasonable Searches

• Search:

– Majority of searches are done without warrants

Warrant:

• Warrant: written order from a judge authorizing officers to take evidence (search )/ persons (seizure) into custody– Requires probable cause that evidence of

crime will be found, or that person committed a crime

– Substantial evidence items are connected with criminal activity and that the item will be found in the place searched

Executing a Search Warrant

• Must be executed by the police- after they announce their purpose

• Without unreasonable delay

• Specifically describes the place to be searched – Limited to the person or place specified

Warrant:

Reasonable Searches

• Consent: Must be voluntary

US v. Drayton (2002)-

Must be given by someone who has the authority

How much do the police know?

_________________________________________________________________________________No Hunch Suspicion Beyond aInfo Reasonable

Doubt

Reasonable Suspicion

• Reasonable suspicion: – Have minor facts a crime was committed and clues a

suspect may be involved in it

– Somewhat suspicious of a particular person who may have engaged in criminal activity

– 25% sure criminal activity is afoot

Stops and Reasonable Suspicion

• Stop:

• Requires reasonable suspicion • Less justification is required for to detain a person

(stop/ search)

Probable Cause

• Probable cause:• Have substantial evidence a crime was

committed and this person did it

• Strongly suspicious a particular person committed a particular crime

• 51% sure criminal activity is afoot– Not just a feeling x is “up to no good”

Stops and Probable Cause

• Probable cause• Totality of circumstances: observe actions/

have evidence/ witness statements– CSI to ESTABLISH PC

• Requires probable cause– More justification for a search/ arrest

Arrests and Probable Cause

• Probable cause• Have substantial evidence a crime was

committed and this person did it

• Seizure:

• Take a person suspected of a crime into custody– not free to leave

Warrantless Searches- LIMITED• Stop and Search/ Stop and Frisk:

• Terry v. Ohio (1968)-

Warrantless Searches- LIMITED• Incident to arrest

– Officers can search people and areas for weapons when an arrest is made

• Need reasonable suspicion person is armed and dangerous

– Chimel v. CA (1969)-

– reasonable search to protect the officers– PC for the arrest anyway!

Warrantless Searches- LIMITED• In Plain View:

– If police had the right to be on the premises, it is considered reasonable.

Warrantless Searches- LIMITED• Vehicles- Auto search• Basis: vehicle can be moved and evidence lost

– Need PC that the car or the people are involved in a crime (car, containers, objects)

• search of passenger space is limited with RS– Arms length area around them (within reach)– Can seize anything in Plain View

• With RS, can Stop and Frisk– Can’t randomly stop

• Consent

Cole, 178

Exceptionsto the Exclusionary Rule• Inevitable discovery-

• Good faith rule-– US v. Leon

– Search and seizure issues account for less than 5% of case rejections