4th Amendment Searches

Search Incident to Arrest

• Prevent arrestee access to weapons, means of escape, evidence.

• Protects officers/ agents and safe guards evidence of the offense of arrest that arrestee might conceal or destroy

SCOPE: MAY SEARCH

• Arrestee: Evidence, weapons, means of escape

• Containers (locked or unlocked) found on arrestee or immediate area.

• Area immediately surrounding arrestee in which they might reach (immediate control) gaining possession to weapons or destructible evidence.

• Closest and other places immediately adjoining the place of arrest from which attack could be launched.

Consent

Provides person w/ opportunity to voluntarily comply w/ LE request for assistance.

Rule

• Consent must be obtained voluntarily from person with authority consenting to search

• freewill; person made choice among Lawful options and chose to permit search

• Not Voluntary if product of duress or coercion (intimidate/ threat).

Investigative Detention

Provide LE w/ authority to temporarily seize someone to investigate that person is involved w/ criminal activity.

• Need reasonable suspicion that subject has something that can hurt you in order to frisk

Rule

• May seize person w/reasonable suspicion that person is removable or engaging in crime.

Scope

• ERO can detain person to resolve suspicion in timely manner if Terry Stops is applied:

• Brief

• Investigative

• Inquire

Protective Sweep

Purpose

• Protect LE with means of maintaining officer safety during lawful encounter w/ person.

Rule

• May search if reasonable suspicion that others are present in location that may intend assault or impede ERO from carrying out duties- Arrest in REP protected area.

Scope

• ERO may search private location and spaces within private location from which potential assailant could launch attack

Inventory Search

ERO CANNOT PERFORM INVENTORY SEARCH

Purpose

• Protect property owner; interest from damage/ loss. 4th amendment violation/ LE from harmful substances/ baseless claims about loss/ damage

Rule

• Officers may search location as long as conducted pursuant to standard procedure (vehicles). Must regulate the opening of containers. Lawful basis needed for seizures

Scope

• Search must be conducted in compliance w/ ICE guidelines for conducting inventory searches.

Detention Facility Search

Purpose

• Standard part of intake process

• Admission of detainees creates many risks for staff, existing detainee population and for detainee

• Danger of infections, lice, etc

Rule

• Maintain institutional security

• Preserving internal order and discipline

• Requires limitation or retraction of retained constitutional rights of both convicted prisoners and pretrial detainers.

Scope

• More serious underlying offense of the person being detained, stronger justification for initiating an intrusion.

• Of detained for minor offenses is intermingles w/ person detained for more serious offenses, may increase justification to search person detained for minor offenses