Presentation on theme: "When is it legal to search?"— Presentation transcript:
1When is it legal to search? Search and SeizureWhen is it legal to search?
2The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him and find drugs in his pocket. Yes: Stop and Frisk aka Terry Stop
3After Jose checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder. Yes: Plain view
4A student informs the principal that Bob, another student, is selling drugs on school grounds. The principal opens Bob’s locker with a master key, finds drugs and calls the police. Yes: Reasonable Suspicion
5Jill’s boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he turns over to the police. No: BF was in the apartment illegally
6Susan is stopped by police for driving 52 mph in a 45 mph zone Susan is stopped by police for driving 52 mph in a 45 mph zone. After stopping her, the police search her purse and find a pistol. Yes and No: Yes if she gave them consent to search No if she did not give them consent, even incident to a traffic stop
7Larry is observed shoplifting items in a store Larry is observed shoplifting items in a store. Police chase Larry into his apartment building and arrest him outside the closed door of his apartment. A search of the apartment reveals a large quantity of stolen merchandise. Yes: Hot pursuit: a crime has occurred; this is creates probable cause
8The police receive a tip from an anonymous informant who provides detailed information about the counterfeit money Rudy has in his office. Acting on this information , they get a search warrant and find the money just where the informant told them it would be. Yes: A judge must grant a search warrant
9Sandy is suspected of receiving stolen goods Sandy is suspected of receiving stolen goods. The police go to her apartment and ask Claire, her roommate, if they can search the apartment. Claire gives the police permission, and they find stolen items in Sandy’s dresser. No: Sandy has a reasonable expectation of privacy of her living quarters.
10In order to search: Searches by Police Searches by School Officials Must have probable causeOfficer has enough evidence to lead them to believe that the suspect has or is about to engage in criminal activitySearches by School OfficialsMust have reasonable suspicionSchool knows several minor facts, a large fact, or a large fact from a source with unknown reliability that points to a suspect engaging in criminal activity
12Review: Warrantless Searches Please take notes on warrantless searches in the textbook.PSearch incident to a lawful arrestStop and friskConsentPlain viewHot pursuitVehicle searchesEmergency situationsBorder and airportInventory searchProtective sweep