Intro to Criminalistics DB1

Criminalistics DB1

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Criminalistics DB1

The United Sates Supreme Court has long established the need for law enforcement to obtain a search warrant before searching or seizing evidence. In Mincey v. Arizona and the Michigan v. Tyler the Supreme Court established the need for a search warrant when conducting searches at crimes scenes but there are exceptions to this rule (O’Connor, 2012). Police have several circumstances when a warrantless search may be conducted in one instance if there are exigent circumstances police can seize evidence without a warrant. If police believe the evidence is at threat to be destroyed they can seize the evidence without a warrant. If it is later determined their where no exigent circumstances the evidence could be excluded.

Police can also conduct warrantless searches if they have permission to search or if the evidence at the scene is on plain view to the police officer. For example if police arrive at a crime scene and notice a package of drugs sitting on a table by the window they can enter the premises and seizes the drugs because they were left in plain view. When it comes to the crime scene, however, police are restricted in their actions. Police could size evidence in a warrantless search is they chase a police suspect into a building and then search the suspect and locate contraband. The chase must be continuous, however. If the chase from the police does not begin and end continuously, meaning there are stops between the chase, the warrantless search is no longer legal and any evidence will be thrown out.

In another scenario police can enter a crime scene and seize evidence if police believe a criminal might escape if police do not make immediate entry or if the police believe the criminal suspect poses a danger to society (Corrigan, 2013). If police do not have information that allows them to reasonably believe the suspect poses a threat to society they cannot conduct the warrantless search. Police officers walk a fine line when they conduct the warrantless search and must have a reasonable belief the evidence at the crime scene could be lost or other exigent circumstances could come into play. If police officers have any question on whether or not they should conduct a warrantless search they should wait and get a warrant.

References

Corrigan, B. (2013). The Fourth Amendment of the Constitution. Retrieved August 19, 2014

from http://www.texascrimelaw.com/Warrantless-Searches.html

O’Connor, T. (2012). Search and Seizure Guide: Rules, tests, Doctrines, and Exceptions.

Retrieved August 19, 2014 from http://www.drtomoconnor.com/3020/3020lect02a.htm