1. Search and Seizure Concepts
Search and Seizure Concepts
LEARNING GOAL: The student will know legal concepts relative to search and seizure. The student will comprehend the scope and purpose of search and seizure authority and items that can legally be seized relative to the various types of searches.

2. Search and Seizure
Search- an effort to seek and discover evidence or contraband in the possession of another
Seizure- the act of taking possession of evidence or property and/or contraband for a violation of law
Searches and seizures generally must be based upon probable cause unless a recognized legal exception permits otherwise
Search warrant- order signed by judge authorizing law enforcement officers to search a particular person of place for particular items
Searches and seizures should be conducted by means of a warrant.

3. Definitions relative to search and seizure
Express consent- the voluntary giving of permission by the accused by word of mouth or by signing a consent to search form
Implied consent- the voluntary giving of permission by act if the act clearly indicates consent
Scopes of searches- limitations concerning what can legally be searched for and location to be searched
Probable cause- the evidentiary criterion necessary to sustain the issuance of a search warrant
Instrumentalities of a crime- weapons, equipment, etc., used to commit a crime
Contraband- goods possessed, imported or exported in violation of law

4. Legally authorized searches:
Search Warrant & Warrantless searches are legally authorized searches.
Search warrant searches- by written order, issued by a court, specifying the place where a search is to be made and the things to be looked for, and directing that when found, they should be brought before the court

5. Warrantless searches
Consent- a voluntary agreement by a party in possession of sufficient authority and competency to permit a search
Incident to arrest- searches performed after a legal arrest, at location of arrest, to protect the officer and prevent destruction of evidence or contraband
Probable cause- conscientious and reasonable belief based on the totality of circumstances show in the affidavit that items sought are at locations indicated and based upon facts and conclusions drawn from these facts
Plain view- if officers observe seizable evidence from a position where they have a lawful right to be, they may seize the evidence

6. Warrantless searches (cont.)
Exigent circumstances- search pursuant to emergency in which an officer may enter into a private area for the purpose of protecting life, health, or property which is substantially threatened, or in fresh pursuit of a criminal suspect
Statutory- for example, inspection by specified officers for beverage or fishing/hunting violations
Regulatory- administrative inspections to insure proper business practices
Open field- land or some appurtenances thereto which are not closely connected with or included in the curtilage of a structure

7. Warrantless Searches (cont.)
Abandoned property- seizure of property or objects which are apparently deserted or thrown away and which could be lawfully picked up or opened by any citizen
Vehicle/vessel/aircraft- probable cause exists to believe that the vehicle/vessel/aircraft contains items subject to seizure; pursuant to lawful consent; incidental to lawful arrest

8. Definitions
Stop- the temporary detention of an individual based upon “reasonable, articulable, suspicion” that the individual has committed, is committing or is about to commit a criminal offense
Frisk- pat down of the individual’s outer clothing to see if the individual is armed with a dangerous weapon
Plain feel doctrine- pat down of an individual’s outer clothing for an object whose contour or mass makes its identity as contraband immediately apparent may be seized without a warrant

9. Items that an officer may legally search for and seize under given conditions:
Dangerous weapons
Fruits of the crime
Instrumentalities of the crime
Contraband
Suspects
Evidence relevant to proving the commission of a felony
Items defined by statute

10. Possession Three types of possession:
Actual- in one’s hand, on one’s person, in a bag or container in the hand of or on the person, or so close as to be within ready reach and under the control of a person
Constructive- in a place over which a person has control or in which the person has hidden a concealed item
Joint- shared possession and/or control by two or more persons

11. Strip Search
Restrictions placed on law enforcement officers concerning strip searches:
No officer should order a strip search within the agency or facility without a written authorization from the supervising officer on duty

12. Strip Search (Cont.)
Conditions which must be present for a strip search:
Violent offense involved a weapon
Violent offense involved a controlled substance
Probable cause exists to believe that the defendant is concealing a weapon, narcotics, or stolen property
Defendant is under arrest
Defendant is returned to jail after first appearance unable to bond out or be released on recognizance
The fourth amendment protects against unreasonable search and seizures

13. Notes
Good Faith Doctrine- states evidence that is discovered by law enforcement officers acting in good faith and under objectively reasonable, through mistaken, belief that their actions are legal will not be suppressed (however, currently this only protects actions done pursuant to a search warrant).
The exclusionary rule is the principle which prohibits the use of unconstitutionally obtained evidence in a trial.