1. Evidence Collection at the Crime Scene and Constitutional Law
Eisenhower High School
Forensic Crime Science Class

2. Investigating the Crime Scene

3. https://www. youtube. com/watch
Search and Seizure: Crash Course Government and Politics #27 (7:37)

4. Evidence and the Fourth Amendment
US Constitution, Fourth 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 persons or things to be seized.

5. What Does the Fourth Amendment Protect?
In the criminal law realm, Fourth Amendment "search and seizure" protections extend to:
A law enforcement officer's physical apprehension or "seizure" of a person, by way of a stop or arrest; and
Police searches of places and items in which an individual has a legitimate expectation of privacy -- his or her person, clothing, purse, luggage, vehicle, house, apartment, hotel room, and place of business, to name a few examples.
The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place.

6. When Does the Fourth Amendment Apply?
The legal standards derived from the Fourth Amendment provide constitutional protection to individuals in the following situations, among others:
An individual is stopped for police questioning while walking down the street.
An individual is pulled over for a minor traffic infraction, and the police officer searches the vehicle's trunk.
An individual is arrested.
Police officers enter an individual's house to place him or her under arrest.
Police officers enter an individual's apartment to search for evidence of crime.
Police officers enter a corporation's place of business to search for evidence of crime.
Police officers confiscate an individual's vehicle or personal property and place it under police control.

7. Potential scenarios implicating the Fourth Amendment, and law enforcement's legal obligation to protect Fourth Amendment rights in those scenarios, are too numerous to cover here. However, in most instances a police officer may not search or seize an individual or his or her property unless the officer has:
A valid search warrant;
A valid arrest warrant; or
A belief rising to the level of "probable cause" that an individual has committed a crime.

13. Evidence and the Fourth Amendment
Evidence is most often excluded due to Fourth Amendment violations.
Officers must present an affidavit of probable cause that criminal activity is taking place at a particular location to receive a search warrant.
Contraband, “fruits and instrumentalities of the crime,” evidentiary items, voice and handwriting can all be obtained via warrants.
Only the areas or items explicitly described in the warrant can be searched and taken.

14. Exceptions to the Fourth Amendment
Border searches: customs searches at the border do not require a warrant.
Consent searches: persons can voluntarily submit to a search but can rescind it at any time.
Search incident to arrest: persons and the area under their immediate control can be searched during a lawful arrest.
Plain view doctrine: officers can seize contraband and evidence that they can see from a legal vantage point.

15. Exceptions to the Fourth Amendment
Emergency exceptions: officers can enter premises without a warrant if they have reasonable suspicion that an injured person is inside.
Open fields: no expectation of privacy.
Stop and frisk: officer may pat down a suspicious person who may be armed and dangerous.
Vehicle inventories: the search of a vehicle can be done if the driver or occupant is arrested.
There is NO murder scene exception.

16. Evidence and the Fourth Amendment
Mincey v. Arizona (1978)
Police conducted an undercover raid of a suspected drug house.
An officer and three suspects were shot.
The premises were searched extensively over 4 days without a warrant.
The court overturned the conviction: The offense did not merit a warrantless search because the evidence would be not lost while a warrant was obtained.

17. Evidence and the Fourth Amendment
Michigan v. Tyler (1978)
It involved a fire at a furniture store.
Investigators conducted several searches during the day including some well after the fire was out.
The convictions were overturned: The later warrantless entries were not part of the initial emergency circumstances.
Bottom Line: Officers must obtain a search warrant before they conduct any careful, detailed examination of a crime scene.

18. What if My Fourth Amendment Rights Are Violated?
When law enforcement officers violate an individual's constitutional rights under the Fourth Amendment, and a search or seizure is deemed unlawful, any evidence derived from that search or seizure will almost certainly be kept out of any criminal case against the person whose rights were violated.
For example:
An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.
A police search of a home is conducted in violation of the homeowner's Fourth Amendment rights, because no search warrant was issued and no special circumstances justified the search. Any evidence obtained as a result of that search cannot be used against the homeowner in a criminal case.

20. Learning Check
In a neighborhood well known for producing methamphetamines, the police have a warrant to search the basement of a home to find a production lab. Finding nothing in the basement, they perform a search on the rest of the house. In an upstairs bedroom find a kilo of marijuana, which they seize and then arrest the occupant.
Is this search legal or illegal? Why or why not?