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Consent may be withdrawn at anytime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