1 Chapter 15 Search Warrants Search Warrants

2 Search Warrants Search warrants fall under the 4 th Amendment Search warrants fall under the 4 th Amendment The police must have “Probable Cause” The police must have “Probable Cause” Must sign an “affadavit” to that effect Must sign an “affadavit” to that effect Must have a Judge approve the warrant Must have a Judge approve the warrant There are time limits on search warrants There are time limits on search warrants When evidence is obtained without a search warrant the burden is upon the government to show that the evidence was obtained under one of the “established and well delineated exceptions” When evidence is obtained without a search warrant the burden is upon the government to show that the evidence was obtained under one of the “established and well delineated exceptions”

3 Types of Search Warrants “Daytime” vs “Nighttime” search warrants “Daytime” vs “Nighttime” search warrants No-Knock or unannounced entries No-Knock or unannounced entries Anticipatory search warrants Anticipatory search warrants “Sneak and peek” entry warrants “Sneak and peek” entry warrants Searches of computers and other documentary evidence Searches of computers and other documentary evidence

4 Wiretapping and electronic surveillance Prior to 1968 the United States did not have any laws governing wiretapping and electronic surveillance. Prior to 1968 the United States did not have any laws governing wiretapping and electronic surveillance. In 1968 Congress enacted the Federal Wiretapping and Electronic Surveillance Act. Most states followed by enacting similar state laws making the following changes in the law of electronic surveillance: In 1968 Congress enacted the Federal Wiretapping and Electronic Surveillance Act. Most states followed by enacting similar state laws making the following changes in the law of electronic surveillance:

5 Katz v. United States U.S. Congress enacted this act (Federal Wiretapping Act) after the FBI had attached an electronic listening device to a public telephone booth. U.S. Congress enacted this act (Federal Wiretapping Act) after the FBI had attached an electronic listening device to a public telephone booth. The U.S. Supreme Court held that this was a violation of Katz’s Fourth Amendment rights The U.S. Supreme Court held that this was a violation of Katz’s Fourth Amendment rights The decision has to do with the PERSON’s right to privacy, NOT the PLACE. The decision has to do with the PERSON’s right to privacy, NOT the PLACE.

6 Aerial Surveillance? In 1986 the court ruled that information gathered by aircraft of a suspects home, was not in violation of the Fourth Amendment because it was a general observation and therefore admissible In 1986 the court ruled that information gathered by aircraft of a suspects home, was not in violation of the Fourth Amendment because it was a general observation and therefore admissible California v. Ciraolo California v. Ciraolo

7 Confrontational telephone calls requires cooperation of the witness or victim and the call has to placed before criminal charges have been filed requires cooperation of the witness or victim and the call has to placed before criminal charges have been filed IF the call is AFTER charges have been filed, are “accusatory”, and designed to elicit an incriminating statement, the Massiah Rule would apply and the person would have to be admonished. IF the call is AFTER charges have been filed, are “accusatory”, and designed to elicit an incriminating statement, the Massiah Rule would apply and the person would have to be admonished.

8 The laws authorize court orders permitting wiretapping and/or electronic surveillance by law enforcement officers in much the same manner as search warrants are issued. The laws authorize court orders permitting wiretapping and/or electronic surveillance by law enforcement officers in much the same manner as search warrants are issued. The act makes wiretapping and electronic surveillance done in violation of the act a felony. The act makes wiretapping and electronic surveillance done in violation of the act a felony.

9 Techniques of lawful electronic surveillance The three primary techniques of electronic surveillance available to law enforcement agencies are: The three primary techniques of electronic surveillance available to law enforcement agencies are: Pen Registers Pen Registers Trap and Trace Devices Trap and Trace Devices Interception of the Content of the Message Interception of the Content of the Message

10 Situations where court orders are not required. Overheard Conversations Overheard Conversations Undercover officers may testify about what was said in their presence Undercover officers may testify about what was said in their presence Use of pocket tape recorders and the crime of bribery Use of pocket tape recorders and the crime of bribery

11 Situations where court orders are not required cont…. When one party to a telephone conversation consents to the police listening and/or recording the conversation When one party to a telephone conversation consents to the police listening and/or recording the conversation Obtaining evidence by use of the confrontational telephone call Obtaining evidence by use of the confrontational telephone call Using body wires or radio transmitters Using body wires or radio transmitters

12 Kyllo v U.S. Use of THERMAL Imaging devices are RESTRICTED and a warrant must be obtained. Use of THERMAL Imaging devices are RESTRICTED and a warrant must be obtained.

13 Obtaining evidence by use of dogs trained to indicate an alert Drug and Bomb Detection Dogs Drug and Bomb Detection Dogs In using dog-detection evidence in criminal courts, keeping and maintaining updated records on the dog and its handler is essential because the challenge to this evidence generally is the dog’s reliability. In using dog-detection evidence in criminal courts, keeping and maintaining updated records on the dog and its handler is essential because the challenge to this evidence generally is the dog’s reliability.

14 Obtaining evidence by use of dogs trained to indicate an alert cont.. Testimony on the dog reliability: Testimony on the dog reliability: The training that the dog received to detect the odors for particular drugs The training that the dog received to detect the odors for particular drugs The dog’s success rate in detecting these drugs The dog’s success rate in detecting these drugs The method used to train the dog to indicate an alert The method used to train the dog to indicate an alert

15 Obtaining evidence by use of dogs trained to indicate an alert cont… Whether the dog alerted in the proper manner Whether the dog alerted in the proper manner Proof of the dog’s certification Proof of the dog’s certification Proof that the dog has continued to meet certification requirements and has continued to receive necessary training on a regular basis. Proof that the dog has continued to meet certification requirements and has continued to receive necessary training on a regular basis.