Search Concepts Slide 2 Search defined.. The act of seeking out
and discovering evidence and/or contraband in the possession of
another in a hidden place. Slide 3 Seizure defined.. A taking
possession of evidence and/or contraband from another against the
persons will. Slide 4 Court Recognized Searches Search warrants
Search incidental to an arrest premises may be searched for
additional suspects if officer has reasonable cause Consensual
searches Exigent circumstances searches No exploratory searches
Slide 5 Search Warrants Order signed by magistrate commanding a
peace officer to search a particular place for particular property.
Slide 6 Search Warrants Must establish probable cause for the
search Warrant must be executed and returned within 10 days from
date of issuance Bound by knock and notice requirements Slide 7
Search Incidental to an Arrest For officer safety and to prevent
destruction of evidence Contemporaneous with an arrest No search on
citation releases Slide 8 Consent Searches Expressed Consent Given
directly orally or in writing Positive, direct, unequivocal consent
Implied Consent Manifested by signs, actions or inactions, facts,
or silence which raise presumption that consent has been given
Consent may be withdrawn at anytime Slide 9 Who May Give Consent?
Suspect Authorized third person Spouse Roommate, live in partner
Co-tenant Babysitter House guest Slide 10 Vehicle Searches Pursuant
to a lawful search warrant Consensual search Incidental to an
arrest Seizure of the vehicle involved in crime Probable cause to
believe vehicle contains seizable property Slide 11 Carroll
Doctrine Mobility of the vehicle Easily moved Evidence could be
lost if officer attempts to secure search warrant Probable cause to
believe vehicle contains items involved in a crime Slide 12
Extension to Searches FlashlightsBinocularsDogs Aerial surveillance
Hidden transmitters Slide 13 Seizure Concepts Slide 14 Seizure of
Evidence From a Person ContrabandFingerprints Handwriting and voice
samples Body fluids Blood Saliva and fingernail scrapings Hair
samples Slide 15 Seizure Guidelines Arms reach rule Prevention of
swallowing evidence Reasonable force Clinched fists and choking
Emetic solutions Drunk driving accidents Obtaining fingerprints
