1200 WORD Min. at least 3 scholarly sources due 11/28
Wahonda7
searchnsez.pptxWorrall & Moore, Criminal Law and Criminal Procedure, 1e
Chapter 11
Search and Seizure
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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11.1
11.1
11.1
11.2
11.2
Outline components of search and arrest warrants.
Explain when arrest warrants are required and how they should be served.
Explain when search warrants are required and how they should be served.
Summarize the issues involved in warrantless searches and seizures.
Explain the search incident to arrest doctrine.
CHAPTER OBJECTIVES
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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11.2
11.2
11.2
11.2
11.3
Identify three types of exigent circumstances and explain how they operate as exceptions to the warrant requirement.
Summarize the special issues involved in automobile searches.
Summarize the plain view doctrine.
Describe consent searches and issues associated with them.
Explain the Supreme Court’s decision in Terry v. Ohio.
CHAPTER OBJECTIVES
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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11.3
11.3
11.3
11.4
11.4
Summarize the rules concerning a “stop” in the stop and frisk context.
Summarize the rules concerning a “frisk” in the stop and frisk context.
Explain the practice of conducting a protective sweep.
Summarize the rules surrounding vehicle inventories.
Distinguish between several types of inspections.
CHAPTER OBJECTIVES
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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11.4
11.4
11.4
11.4
Distinguish between legal and illegal checkpoints.
Explain when school disciplinary searches are permissible.
Summarize the Supreme Court’s view on drug and alcohol testing.
Explain when searches of government employees’ offices are permissible.
CHAPTER OBJECTIVES
Summarize the Supreme Court’s view on probation and parole searches.
11.4
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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11.1
Outline the Components of Search and Arrest Warrants
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Essential Components of Search and Arrest Warrants
11.1
Components of Warrants
Neutral and Detached
Magistrate
Particularity
Requirement
Probable Cause
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Places
to Be
Searched
Warrant
Items
to Be Seized
Persons
to Be
Searched
Probable
Cause
11.1
8
11.1
Explain When Arrest Warrants are Required and How They Should Be Served
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Factors Used to Distinguish between a Stop and an Arrest
11.1
Factors for Arrest
Purpose
Of the
Stop
Manner in Which the Stop Takes Place
Location of the Stop
Duration
Of the Stop
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Arrests
11.1
Warrant Required
Warrant NOT Required
In a Home/Residence Absent Exigent Circumstances
In a Third-Party Home
(& Separate Search Warrant)
Arrest is Made in Public
Exigent Circumstances
Consent is Given
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Executing an Arrest Warrant
11.1
Knock and Announce Rule: the requirement that, before executing an arrest warrant, officers identify themselves and their intentions.
12
11.1
Explain When Search Warrants are Required and How They Should Be Served
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
13
11.1
Search warrants are required unless the method by which the search is conducted is one the Supreme Court has permitted to occur without a warrant.
i.e. Exigent Circumstances, Plain View
Search warrants should be served in the same careful manner as arrest warrants.
Knock and Announce Rule
Additional limitations focus on time restrictions and the scope and manner of the search.
Search Warrant Requirements
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11.2
Summarize the Issues Involved in Warrantless Searches and Seizures
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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11.2
16
Plain View
Search Incident
to Arrest
Exigent Circumstances
Automobile
Searches
Consent
Searches
Warrantless Searches
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11.2
Explain the Search Incident to Arrest Doctrine
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Search is Contemporaneous to the Arrest
Limited to the Suspect and Area within Immediate Control
18
Search Incident to Arrest
11.2
Restrictions on Searches Incident to Arrest
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11.2
Identify Three Types of exigent circumstances and Explain How They Operate as Exceptions to the Warrant Requirement
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Lecture Notes
19
11.2
20
Automobile Searches
Exigent
Circumstances
Hot Pursuit
Likelihood of
Escape or Danger
Evanescent Evidence
(Likely to Disappear)
Lecture Notes
20
11.2
Summarize the Special Issues Involved in Automobile Searches
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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11.2
Only Applies to Automobiles
Impractical to Obtain a Warrant
Search Based on Probable Cause
(Exceptions)
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Automobile Searches
Three General Requirements for A Valid Warrantless Search of a Vehicle
Lecture Notes
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11.2
23
| LEVEL OF INTRUSION | JUSTIFICATION REQUIRED |
| Search Entire Car, Including Containers | Probable Cause to Search |
| Search of Passenger Compartment & Containers | Probable Cause to Search |
| Weapons Search of Passenger Compartment | Reasonable Suspicion and/or Fear for Safety |
| Order Occupants Out of Car | Reasonable Suspicion to Stop |
| Inventory Search | Administrative |
Automobile Searches
11.2
Summarize the Plain View Doctrine
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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11.2
Plain View Doctrine
Police Have Lawful Access to the Items
Immediately Apparent Items are Contraband
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The discovery of the items does NOT need to be inadvertent
Warrantless Searches
Lecture Notes
25
11.2
Describe Consent Searches and the Issues Associated with Them
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Consent Searches
11.2
Consent to Search is VOLUNTARY
Based on the Totality of the Circumstances
Scope of Consent Is Defined
by the Person Giving Consent
Third Parties Can Give Consent if
They Have Actual or Apparent Authority
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11.3
Explain the Supreme Court’s Decision in Terry v. Ohio
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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11.3
Terry v. Ohio (1968): A person can be stopped (defined as a brief detention) if an officer has reasonable suspicion that criminal activity is afoot and frisked if an officer has reasonable suspicion that the person is armed and dangerous.
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11.3
30
Reasonable Suspicion Required
Stop
A brief nonconsenual encounter that does not rise
to the level of arrest
Frisk
A superficial examination of the person’s body surface or clothing
to discover
weapons
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11.3
Summarize the Rules Concerning a “Stop” in the Stop and Frisk Context
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
31
11.3
Did a “Stop” Occur?
Reasonable Person Would Not Feel Free to Leave
Threatening Action on Part of Officer
Length of Detention
Physical Contact by the Officer
Taking the Suspect Out of Public View
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Factors Used to Determine the
Reasonableness of the Duration of a STOP
11.3
33
Public Interest Served by the Seizure
Nature & Scope of the Intrusion
Objective Facts Relied on by Police
How Long Can a Terry Stop Last?
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11.3
Summarize the Rules Concerning a “Frisk” in the Stop and Frisk Context
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Reputation
For Dangerousness
Furtive Gestures
Type of Crime
Presence of Weapon
11.3
Factors Used
to Determine
When a
FRISK Is
Permissible
Terry v. Ohio held that a frisk is only permissible when an officer reasonably fears for his or her safety
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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11.3
Explain the Practice of Conducting A Protective Sweep
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
36
11.3
Protective Sweep
A cursory visual inspection of those places in which a person might be hiding
Quick and limited search of the premises
Maryland v. Buie (1990)
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11.4
Summarize the Rules Surrounding Vehicle Inventories
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Vehicle Inventory Requirements
11.4
Follow a Lawful Impoundment
Be of a Routine Nature and
Following Standard Operating Procedure
Not Be a Pretext Concealing a
Investigatory Police Motive
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11.4
Distinguish Between Several Types of Inspections
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
40
11.4
Inspections Recognized & Sanctioned by the Supreme Court
Welfare Compliance Inspections
Fire Inspections
Closely-Regulated Business Inspections
International Mail Inspections
Inspections
41
11.4
Distinguish Between Legal and Illegal Checkpoints
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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11.4
Checkpoint: A brief detention that does NOT require probable cause or a warrant
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Checkpoints
11.4
Legal
Illegal
Border Checkpoints
Illegal Immigrant Checkpoints
Sobriety Checkpoints
License & Safety Checkpoints
For the Sole Purpose of Detecting Criminal Activity
Example: Drug Checkpoint
City of Indianapolis v. Edmond
Crime Investigation
Airport Checkpoints
44
11.4
Explain when School Disciplinary Searches are Permissible
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
45
Special Needs
11.4
Public school administrators and teachers may “search” a student without a warrant if they possess reasonable suspicion that the action will yield evidence that the student has violated the law or is violating the law or rules of the school.
Must not be “excessively intrusive in light of the age and sex of the students and the nature of the infraction.”
New Jersey v. T.L.O.
Safford Unified School District v. Redding (2009): strip search of an eighth grader violated the 4th Amendment
School Disciplinary Searches
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11.4
Explain when Searches of Government Employees’ Offices are Permissible
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Special Needs
11.4
Do NOT need a warrant or probable cause to search employee’s offices.
Must be “a noninvestigatory work-related intrusion or an investigatory search for evidence of suspected work-related employee misfeasance.”
City of Ontario v. Quon (2010): examining contents of a police officer’s pager messages did not violate the 4th Amendment
Searches of Government Employee Offices
48
11.4
Summarize the Supreme Court’s View on Drug and Alcohol Testing
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
49
50
Drug and Alcohol Testing
11.4
Employees & Public School Students in Athletics and/or Extracurricular Activities CAN be Tested
Hospital Patients CANNOT Be Subjected to Drug and Alcohol Testing
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11.4
Summarize the Supreme Court’s View on Probation and Parole Searches
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Probationer
Parolee
52
Special Needs
11.4
Warrantless
Searches
Permissible on
Reasonable Grounds
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A warrant has three required components: (1) a neutral and detached magistrate, (2) a showing of probable cause, and (3) particularity.
Arrest warrants are required in two situations: (1) arrests in the home and (2) arrests in third-party homes.
Search warrants are required unless the method by which the search is conducted is one the Supreme Court has permitted to occur without a warrant.
The Supreme Court has carved out several exceptions to the Fourth Amendment’s warrant requirement.
CHAPTER SUMMARY
11.1
11.1
11.1
11.2
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Hot pursuit, threats to persons, and threats to evidence are exigent circumstances that also permit dispensing with the Fourth Amendment’s warrant requirement.
Automobile searches must be (1) directed at a vehicle ready to serve a transportation function, (2) premised on probable cause to believe the vehicle contains evidence of a crime, and (3) completed without unnecessary delay.
Items in plain view can be seized if the police have lawful access to the items and if it is immediately apparent that the items are contraband.
CHAPTER SUMMARY
11.2
11.2
11.2
11.2
The search incident to arrest is limited to (1) the person arrested and any containers discovered from that search and (2) the arrestee’s immediate grabbing area.
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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CHAPTER SUMMARY
11.2
The scope of a consent search is defined by the person voluntarily giving consent.
Terry v. Ohio held that a person can be stopped and frisked if reasonable suspicion exists.
A person can be stopped (defined as a brief detention) if an officer has reasonable suspicion that criminal activity is afoot.
Frisks are limited. If one is authorized because the officer reasonably fears for his or her safety, it is limited to a patdown of the person’s outer clothing.
A protective sweep is a “quick and limited search of the premises, incident to arrest, and conducted to protect the safety of police officers or others.”
11.3
11.3
11.3
11.3
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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A vehicle inventory must follow a lawful impoundment, be of a routine nature, follow department policy, and not be used as a pretext concealing an investigative police motive.
Four types of inspections have been recognized: welfare compliance inspections, closely-regulated business inspections, fire inspections, and international mail inspections.
Legal checkpoints include border checkpoints, illegal immigrant checkpoints, and sobriety checkpoints. Checkpoints conducted for the sole purpose of detecting criminal activity are unconstitutional.
School disciplinary “searches” are constitutionally permissible, but they must be reasonable.
“Searches” of government employees’ offices are permissible with neither a warrant nor probable cause but must amount to noninvestigatory work-related intrusions or investigatory searches for evidence of suspected misconduct.
CHAPTER SUMMARY
11.4
11.4
11.4
11.4
11.4
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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Employees and public school students can be screened for substance use but only by properly trained individuals following appropriate policies (e.g., nurses). Hospital patients, however, cannot be subjected to drug and alcohol testing.
Probation supervision permits warrantless searches premised on reasonable grounds. The same applies to parolee searches.
CHAPTER SUMMARY
11.4
11.4
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
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