Search Concepts

Search defined…..Search defined…..

“The act of seeking out and discovering evidence and/or

contraband in the possession of another in a hidden place.”

Seizure defined…..Seizure defined…..

“A taking possession of evidence and/or contraband from another against the

person’s will.”

Court Recognized SearchesCourt Recognized Searches

Search warrantsSearch warrantsSearch incidental to an arrestSearch incidental to an arrest– premises may be searched for additional premises may be searched for additional

suspects if officer has reasonable causesuspects if officer has reasonable cause

Consensual searchesConsensual searchesExigent circumstances searchesExigent circumstances searchesNo exploratory searchesNo exploratory searches

Search WarrantsSearch Warrants

Order signed by magistrate commanding a peace officer to

search a particular place for particular property.

Search WarrantsSearch Warrants

Must establish probable cause for the Must establish probable cause for the searchsearch

Warrant must be executed and returned Warrant must be executed and returned within 10 days from date of issuancewithin 10 days from date of issuance

Bound by “knock and notice” requirementsBound by “knock and notice” requirements

Search Incidental to an ArrestSearch Incidental to an Arrest

For officer safety and to prevent For officer safety and to prevent destruction of evidencedestruction of evidence

Contemporaneous with an arrestContemporaneous with an arrest

No search on citation releasesNo search on citation releases

Consent SearchesConsent Searches

Expressed ConsentExpressed Consent– Given directly orally or Given directly orally or

in writingin writing– Positive, direct, Positive, direct,

unequivocal consentunequivocal consent

Implied ConsentImplied Consent– Manifested by signs, Manifested by signs,

actions or inactions, actions or inactions, facts, or silence which facts, or silence which raise presumption that raise presumption that consent has been consent has been givengiven

Consent may be withdrawn at anytime

Who May Give Consent?Who May Give Consent?

SuspectSuspectAuthorized third personAuthorized third person– Spouse Spouse – Roommate, live in partnerRoommate, live in partner– Co-tenantCo-tenant– BabysitterBabysitter– House guestHouse guest

Vehicle SearchesVehicle Searches

Pursuant to a lawful search warrantPursuant to a lawful search warrantConsensual searchConsensual searchIncidental to an arrestIncidental to an arrestSeizure of the vehicle involved in crimeSeizure of the vehicle involved in crimeProbable cause to believe vehicle contains Probable cause to believe vehicle contains seizable propertyseizable property

Carroll DoctrineCarroll Doctrine

Mobility of the vehicleMobility of the vehicle– Easily movedEasily moved– Evidence could be lost if officer attempts to Evidence could be lost if officer attempts to

secure search warrantsecure search warrant

Probable cause to believe vehicle contains Probable cause to believe vehicle contains items involved in a crimeitems involved in a crime

Extension to SearchesExtension to Searches

FlashlightsFlashlightsBinocularsBinocularsDogsDogsAerial surveillanceAerial surveillanceHidden transmittersHidden transmitters

Seizure Concepts

Seizure of Evidence From a Seizure of Evidence From a PersonPerson

ContrabandContrabandFingerprintsFingerprintsHandwriting and voice samplesHandwriting and voice samplesBody fluidsBody fluidsBloodBloodSaliva and fingernail scrapingsSaliva and fingernail scrapingsHair samplesHair samples

Seizure GuidelinesSeizure Guidelines

Arm’s reach ruleArm’s reach rulePrevention of swallowing evidencePrevention of swallowing evidence– Reasonable forceReasonable force– Clinched fists and chokingClinched fists and choking

Emetic solutionsEmetic solutionsDrunk driving accidentsDrunk driving accidentsObtaining fingerprintsObtaining fingerprints