Search and Seizure (4 th Amendment) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.
So what is Probable Cause? “An accumulated wisdom of precedent and experience.” Huh?
How ‘bout this PC is when a reasonable person believes that another person has, is, or may be about to commit a crime because of circumstances &/or facts. Still huh? “I know it when I see it”
When would the police have probable cause to stop and search this vehicle?
What if… The driver of the car slowed abruptly when he saw the cop. The driver of the car slowed abruptly when he saw the cop. The driver avoids eye contact with the police officer. The driver avoids eye contact with the police officer. The children in the back seat wave in an “oddly mechanical manner.” The children in the back seat wave in an “oddly mechanical manner.” The van was traveling on an unpaved road in the southern part of Arizona. The van was traveling on an unpaved road in the southern part of Arizona. The road ran parallel with an paved highway that had border checkpoints. The road ran parallel with an paved highway that had border checkpoints. The unpaved road was commonly used by smugglers of illegal immigrants and narcotics. The unpaved road was commonly used by smugglers of illegal immigrants and narcotics.
The van was searched and 128 pounds of pot was found in it.
Where does this (PC) come from? (PC) Observation: SS iiii gggg hhhh tttt, S S S S S mmmm eeee llll llll, and/or S S S S S oooo uuuu nnnn dddd
Police Expertise Gang signs/graffiti, drug and/or burglary paraphernalia. Gang signs/graffiti, drug and/or burglary paraphernalia. Gang signs Gang signs
Information I I nnnn ffff oooo rrrr mmmm aaaa nnnn tttt ssss, witness/victim statements, police bulletins.
RRRR uuuu nnnn nnnn iiii nnnn gggg f f f f rrrr oooo mmmm t t t t hhhh eeee p p p p oooo llll iiii cccc eeee Or police dogs Or police dogsdogs Especially out of a back or side door. Especially out of a back or side door.side doorside door
Furtive Movements Secretive or concealing m m m m m oooo vvvv eeee mmmm eeee nnnn tttt ssss given the time, setting, weather, and audience.
False and/or improbable answer Cop pulls over a car and asks for license and registration, but they do not match. “Whose car is this” “The car belongs to my cousin.” “OK, what’s your cousin’s name?” “I don’t know his name”
Presence at a crime scene. crime scenecrime scene The “Joint Possession” rule: Everyone at a party will get searched
Past Criminal Conduct Not sufficient on its own for PC, but can be with other circumstances.
It all comes down to the “ “ “ “ “ tttt oooo tttt aaaa llll iiii tttt yyyy o o o o ffff tttt hhhh eeee c c c c iiii rrrr cccc uuuu mmmm ssss tttt aaaa nnnn cccc eeee ssss.... ””””
Warrantless Searches There are times when a police officer can search you without a warrant. There are times when a police officer can search you without a warrant.
Searches incident to a lawful arrest.
SSSS tttt oooo pppp a a a a nnnn dddd F F F F rrrr iiii ssss kkkk
CCCC oooo nnnn ssss eeee nnnn tttt
PPPP llll aaaa iiii nnnn V V V V iiii eeee wwww
HHHH oooo tttt P P P P uuuu rrrr ssss uuuu iiii tttt
Vehicle Search Police can search the lunge area of the car during a legal traffic stop. Need PC to search the rest of the vehicle. PC for the rest of the car… dddd rrrr uuuu gggg d d d d oooo gggg
Emergency Situations Bomb Threat Smoke or screams coming from inside a house.
Border and Airport Searches
Sometimes A search isn’t necessary A search isn’t necessary A search isn’t necessary A search isn’t necessary