1. CRIMINAL
INVESTIGATIONS
AND THE LAW
Chapter 4
Searches

2. SEARCHES
• US v. Jacobsen (1984):
-search
-governmental infringement
-legitimate expectation of privacy
-unreasonable to expect privacy
-no warrant needed
-EXPECTATION OF PRIVACY!!

3. SEARCHES
• 4th 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.

4. SEARCHES
• 4th Amendment:
-individual liberties v. rights of society
-specific place/person to be searched
-specific items to be seized
-vague search warrants unconstitutional

5. SEARCHES
• Exclusionary Rule:
-courts cannot accept evidence
-obtained by unreasonable search/seizure
-regardless of relevance
-Fruit of poisonous tree doctrine:
-evidence from earlier illegal search not admissible

6. SEARCHES
• Inevitable Discovery Exception: Nix v. Williams (1984):
-illegally obtained evidence
-likely been discovered legally
-admissible

7. SEARCHES
• Good Faith Exception: US v. Leon (1984)
-illegally obtained evidence
-may be used
-police not aware violating 4th amendment rights

8. SEARCHES
• Justification for Reasonable Searches:
2.Warrants:
-before a judge
-under oath/affirmation
-PC location contains evidence
-specifically describe evidence
-Probable cause-set of facts/circumstances leading a reasonable
person to believe a crime has been committed and the person
accused has committed the crime.
-reasonable person v. legal experts
-less than proof
-more than suspicion
-citizens-informants or civic duty

9. SEARCHES
• Informants: Aguilar v. Texas (1964)
-2 pronged test: reliable/believable?
Illinois v. Gates (1983):
-totality of the circumstances test
-sum total of factors
Federal & some states still use Aguilar 2 pronged test

10. SEARCHES
• Warrants: Beyond PC
-reasons for search
-who is presenting affidavit/sworn
-specific items
-specific location
-signature of judge

11. SEARCHES
Warrants (cont)
-executed promptly
Wilson v. Arkansas-constitutional mandate
-knock and announce
No knock warrant-evidence destroyed/suspects armed
-protect police/evidence

12. SEARCHES
2. Consent:
-voluntary consent
-3rd party
-having authority
-limited to area consented
-no demand
-best written

13. SEARCHES
• Consent (Cont):
-document
-consent can be withdrawn at any time
Denial by on resident: GA v. Randolph (2006)
-one party with authority denies search
-no search

14. SEARCHES
• Consent (Cont):
-1. property owners cannot give consent on tenants/guest
-no suspect present/makes no objection co-occupant can consent
-co-occupants present and one objects-no overrule

15. SEARCHES
3. Pat down/frisk:
b.Investigate suspicious circumstances
c.Identify person matching suspect description
Terry v. Ohio (1968):
-reasonable suspicion
-stop
-frisk-through the clothes
-each action justified/articulated

16. SEARCHES
• Search incident to arrest: Chimel v. CA (1969)
-simultaneously with arrest
-area of immediate control
-luggage, bags, etc out of suspects control-warrant
Gant v. AZ (2009):
-suspect access vehicle at time
-vehicle contains evidence of crime

17. SEARCHES
4. Exigent circumstances:
-PC exists but no time for warrant
-real emergency-immediate action
-evidence not motivation
-emergency/area searched must have connection
-Mincey v. AZ (1978): no delay search if lives in danger
-”reasonableness”

18. SEARCHES
Vehicles w/o warrants: Carroll v. US (1925):
-stop is a seizure/PC of wrongdoing
-lesser expectation of privacy in vehicle
Knowles v. Iowa (1998):
-citation issued instead of arrest
-full search violates 4th

19. SEARCHES
• Passengers of stooped vehicles:
-different rights from drivers
-out of car
-arrested joint possession
-incident to passengers arrest
Wyoming v. Houghton (1999): “passenger property exception”
-search passenger’s belongings –driver done wrong
-driver no claim belong passenger

20. SEARCHES
• Roadblocks:
Brown v. Texas (1979):
-balancing test
-gravity of public concerns
-degree to which succeed
-severity with which interferes with liberties

21. SEARCHES
• Inventory searches: Police take possession of vehicle
-Protect owner's property
-Protect police from disputes
-Protect police /public from danger
-Determine owner’s identity

22. SEARCHES
• Plain view evidence:
-right to be, right to see
Katz v. US (1967):
-protect people not places
-exposes to public not protected
-seeks to keep private-protected
• Plain Feel/Touch:
-patdown

23. SEARCHES
• Plain Smell:
US v. Lueck (1982):
-gasoline/marijuana
• Plain hearing:
-overheard w/o enhancing devices
• Building searches:
Illinois v. McArthur (2001):
-occupants held outside until warrant
Kyllo v. US (2001):
-thermal scanning outside private home-search needs warrant

24. SEARCHES
• Trash/Garbage:
CA v. Greenwood (1988):
-containers
-public property
-no warrant
Curtilage: extension of home
-part of property not open to public
-owner/family use
-expectation of privacy

25. SEARCHES
• Dogs:
Ill
Illinois v. Caballes (2005):
-dog sniff not a search
US v. Place (1983):
-dog sniffing luggage not a search