Criminal Law

Can police search your property (house, car, office) after being arrested?

Can police search your property (house, car, office) after being arrested?

yes, as long as the search matches the justification. Example: a search incident to protect police, remove means of escape, and deter loss of evidence

Chimel v. California

Ted Chimel, suspect in burglary, police came to his house with warrant. When Ted came home he was arrested and asked if they could search his house. Chimel rejected bc no warrant, police searched anyway and found evidence

Decision: search was unreasonable → if your arrested police can search your body but not your house

Riley v. California

firearms discovered in David Riley’s car, after arresting him police went through his phone and discovered he was a gang member involved in shooting

decision: search was unreasonable→ need warrant to search phone

Terry v. Ohio

Terry and 2 other men were seen by police who thought they were going to rob a store, officer stopped and frisked them, found gun on Terry

decision: reasonable search → if officer has reasonable suspicion a pat down is legal, if pat down yield evidence for probable cause, police can search w/o warrant

Georgia v. Randolph

Scott Randolph arrested for drug possession after police found cocaine in his home, police didn’t have warrant but his wife consented but he did not consent

decision: w/o warrant, police cannot search house where one resident consents and other rejects

Search in “plain view”

can conduct this type of search and seizure if police have right to be where they are and evidence is in plain view

People v. Camacho

police arrived at house from noise complaint, looked through window and saw bags of white powder

decision: police acted legally

People v. Reiss

police recieved tip that Reiss was growing marijuana, police went to alleyway and looked over fence to see and saw the plants, and obtained warrant

decision: reasonable search because police was on public property

Searches after “hot pursuit”

police in “hot pursuit” of suspect are not required to have warrant before entering same building as suspect → evidence found can be used

US v. Ross

after tip, police pulled over Ross and found heroine in trunk, brought to station and after another search money was found. no warrant for either searches

decision: police can search vehicle if they have probable cause

Illlinois v. Caballes

caballes pulled over for speeding and police brought over drug sniffing dog and alerted police to marijuana in the trunk

decision: convicted of cannabis trafficking → using drug sniffing police dog during routine traffic stop is reasonable

Florida v. Jardines

police received tip that Jardines was growing marijuana, officer went to house with drug detecting dog and found there was marijuana, used for probable cause for warrant, and found 25 pounds of marijuana in house

decision: police need warrant to search porch

Wyoming v. Houghton

sandra houghton pulled over and officer noticed drug paraphernalia and searched car

decision: police can search car with probable cause

Brendlin v. California

police pulled over car for expired registration and noticed bruce Brendlin in passenger seat. since there was an arrest warrant out for him, people in car were arrested

decision: all occupant of car are “seized” during traffic stop

FLorida v. JL

anonymous tip reported man carrying a gun at bus stop, officers arrived but saw no suspicious activity. one officer frisked JL and seized gun

decision: police cannnot stop and frisk someone solely based on anonymous tip that doesn’t mention illegal conduct

Searches during EMergency Situations

allowed

People v. Ray

police came to Andre Rays house after neighbor said the door was open all day, performed security check and found drugs/cash

decision: “community caretaking” is an exception to the warrant requirement for police to enter private residence

New Jersey v. TLO

teacher caught Terry Owen smoking, brought her to assistant principal but she denied it, and they searched her bag

decision: unreasonable searches and seizure apply to all government officials (including teachers) → need probable cause to search, this search = reasonable

In re WIlliam G

teacher saw student hiding black vinyl case and asked to search it, went to principals office where they took it and searched

decision: search not legal bc no reasonable suspicion, search must match justification in school setting

Safford Unified School District v. Redding

Savana Redding, middle school student, was strip searched by school officials on basis of a tip by another student the she might have ibuprofen, which violated school policy

decision: search not legal → reasonable suspicions search measure used by school officials must be reasonably related to objective of search

Veronia SChool Distric v. Acton

Investigation led to discovery that high school athletes used illicit drugs, started drug testing the student athletes at random

decision: random drug testing policy for students considered suspicious is reasonable

BC v Plumas Unified School

drug sniffing dog brought to school and sniffed students and their bags alerting to one student who didn’t have drugs

decisions: dog sniffing unattended luggage not a search→ random and suspicionless dog sniff search at school is unconsitutional

People v. North

women broke into ex boyfriends car to give evidence to police that he stole from her

police can recieve evidence from someone even if they did it illegally (breaking into someones car)

felony

at least 6 months state prison

misdemeanor

up to 6 monthscounty prison

infraction

no incarceration only fines

Atwater v. City of lago Vista texas

police can search from minor criminal offence like traffic violation

Maryland v. Pringle

police saw cocaine in car

decision: was probable cause therefore reasonable

When can you be punished by law?

only after legally found guilty (anything before is not punishment)

standard of privacy in school

don’t need probable cause for search, only “reasonable suspicion” (bag, locker can be searched)

4th amendment warrant exceptions (special cases)

items in plain view, stop and frisk, consent searches, searches in “hot pursuit”, emergency situations, special places w/ lower standard of privacy (airport)