Chapter 4 Searches Hess 4-1

Introduction Supreme Court defined a search as “a governmental infringement of a legitimate expectation of privacy” Investigators make many kinds of searches Searching is a vital task in most criminal investigations Through searching, evidence of crime and against criminals is obtained Every search must be firmly based on an understanding of the restrictions Hess 4-2

LEGAL OVERVIEW Balance between individual liberties and the rights of society Meant to ensure citizens’ dignity and privacy Courts are bound by rules Legality of a search must always be kept in mind Systematic and thorough Hess 4-3 Legal Searches and the Fourth Amendment

SCOPE All searches have one limitation Laws regulating searches are numerous and complex Officers must know the laws and operate within them The penalty for not doing so is extreme Evidence from illegal searches not allowed at trial Hess 4-4 Basic Limitation on Searches

UNREASONABLE SEARCHES Courts enforce the prohibition against unreasonable searches Affects illegally seized evidence THE INEVITABLE DISCOVERY EXCEPTION Inevitable-discovery doctrine Intent of the exclusionary rule Hess 4-5 The Exclusionary Rule

THE GOOD FAITH EXCEPTION United States v. Leon (1984)  Apparently valid search warrant Modification of the exclusionary rule  Evidence seized in reasonably good faith  Good-faith doctrine Hess 4-6 The Exclusionary Rule

SEARCH WITH A WARRANT Search warrant has been issued Consent is given Officer stops a suspicious person and believes the person may be armed Search is incidental to a lawful arrest Emergency exists Hess 4-7 Justification for Reasonable Searches

SEARCH WITH CONSENT United States v. Matlock (1974) Wright v. United States (1938) Illinois v. Rodriguez (1990) Schneckloth v. Bustamonte (1973) Georgia v. Randolph (2006) Hess 4-8 Justification for Reasonable Searches

PATDOWN OR FRISK DURING A STOP Suspicious circumstances Identify someone who looks like a suspect Reasonable suspicion Terry v. Ohio (1968)  Terry stop  Might be armed and dangerous Hess 4-9 Justification for Reasonable Searches

SEARCH INCIDENT TO ARREST Immediate control area Protective sweep, or Buie sweep SEARCH IN AN EMERGENCY SITUATION No time to secure a warrant Imminent danger to public safety Medical emergencies Hess 4-10 Justification for Reasonable Searches

SEARCH IN AN EMERGENCY SITUATION Three conditions met under exigent circumstances  Must believe a real emergency exists Requiring immediate action  Primarily to find evidence  Emergency and area searched must have a connection Hess 4-11 Justification for Reasonable Searches

WARRANTLESS SEARCHES OF VEHICLES Seizure within the meaning of the Fourth Amendment Pretext stops Searches of passengers in a stopped vehicle Searches of vehicles incident to and contemporaneous with lawful arrests Inventory searches Hess 4-12 Justification for Reasonable Searches

CRIME SCENE SEARCH OVERVIEW Establish a crime was committed Establish what the crime was Establish when the crime was committed Identify who committed the crime Explain how the crime was committed Suggest why the crime was committed Hess 4-13 The Crime Scene Search

ORGANIZING THE CRIME SCENE SEARCH Dividing the duties Selecting a search pattern Assigning personnel Giving instructions Hess 4-14 The Crime Scene Search

PHYSICAL EVIDENCE Ranges from very large objects to minute Know what types of evidence to search for Often found on or near the route used to and from a crime Frequently found on or near a dead body Elephant-in-a-matchbox doctrine Hess 4-15 The Crime Scene Search

EXTERIOR SEARCHES Small, large areas Can be divided Diagrammed on paper Lane-search pattern Circle-search pattern Zone- or sector-search pattern Hess 4-16 Search Patterns

INTERIOR SEARCHES General to specific Circular pattern Cover all surfaces Floor should be searched first Hess 4-17 Search Patterns

GENERAL GUIDELINES Systematic search covering entire area PLAIN-SENSE EVIDENCE Plain-view evidence Plain feel/touch Plain smell Plain hearing Hess 4-18 Search Patterns

BUILDING SEARCHES Familiarize yourself with the location Discuss a plan of action Access all available resources Think safety first and last Extreme caution in the “fatal funnel ” Hess 4-19 Other Types of Investigatory Searches

TRASH OR GARBAGE CAN SEARCHES California v. Greenwood (1988) Trash pulls  Crime has been committed  Relevant evidence likely Trash must not be located within the curtilage Consult with your agency’s legal advisors Hess 4-20 Other Types of Investigatory Searches

VEHICLE SEARCHES Remove occupants Search area around vehicle Search exterior Side from front to back Return along the other side to the front Hess 4-21 Other Types of Investigatory Searches

SUSPECT SEARCHES Wear protective gloves Not been arrested  Patdown or frisk for weapons Been arrested  Thorough body search for weapons and evidence Inhibitors to a thorough search Hess 4-22 Other Types of Investigatory Searches

DEAD BODY SEARCHES Done only after the coroner or medical examiner has arrived Coroner has given permission Search around and beneath the body after removal Policy determines the extent of a search Search systematically and completely Hess 4-23 Other Types of Investigatory Searches

UNDERWATER SEARCHES Limited visibility Extreme water temperature Swift currents and hazardous materials Crime scene or accident scene Metal detectors Hess 4-24 Other Types of Investigatory Searches

VALUABLE FORCE MULTIPLIER Trained to detect drugs and other chemicals Locate suspects Narcotics Explosives Cadavers and more Hess 4-25 Use of Dogs in a Search

RECOGNIZED EXCEPTIONS No search Independent justification Exigent circumstances Fleeing target Hess 4-26 Warrant Checklist

OVERVIEW Fourth Amendment Officers’ actions must be reasonable Outline details Present full situation Totality of the circumstances Hess 4-27 A Reminder

Summary Fourth Amendment to the Constitution forbids unreasonable searches and seizures Investigators must know what constitutes a reasonable, legal search The scope must be narrow; general searches are unconstitutional Search patterns have been developed that help ensure a thorough search Always be on your guard Hess 4-28