Basics, Searches, and ID

Search Warrant Requirements

1. Application to a magistrate

2. Affidavit (sworn statement describing why this place)

3. Particularity (where to be searched)

4. Must be executed within a week

5. Search Warrant Return must be filled out after the search is executed

Search Warrant Exceptions (x9)

1. Consent

2. Plain view

3. Hot pursuit

4. MV search

5. Search incident to arrest

6. Exigency

7. Inventory search

8. Community caretaking

9. Stop and frisk

Consent Exception

1. Must be fully voluntary, not under threat

2. Must understand that they are giving consent for a search

3. Minor cannot consent

4. Cannot consent if do not own property

Plain View Exception

1. Must be clearly contraband

2. Person who sees it must be legally in the position they saw it from

Exigency Exception

1. Must be considered an emergency circumstance

Hot Pursuit Exception

1. Must be a fleeing felon

Search Incident to Arrest Exception

1. Search of a person and their surrounding area

2. Must be performed immediately after arrest

3. Must be a lawful arrest (probable cause that the person committed a crime)

4. Must be within immediate reaching area of the person

Inventory Search

1. Police can legally search a car if it is impounded

2. Cannot be a search for evidence

3. Must have a written inventory policy; must be constitutional

Community Caretaking Exception

1. Checking on well-being

Motor Vehicle Exception

1. Probable cause

2. Degree of intrusion must be proportional to the reason for the stop

Rationale for MV Exception

1. Motor vehicles are “inherently mobile”

2. Lesser expectation of privacy on roadways since they are public, require registration, insurance, licensure, and traffic regulations

Stop and Frisk Exception (Terry Stop)

1. Reasonable suspicion

Reasonable Suspicion

Specific, articulable facts that a crime has been, is being, or is about to be committed. The sum of these facts (totality of the circumstances) decides if there is reasonable suspicion.

Rationale behind reasonable suspicion

1. Officer safety

2. Limited scope (pat-down of outer layer of clothing only)

3. Not a 4th Amendment search for evidence

Name several things a court considers in deciding if a lineup is impermissibly suggestive

1. Double-blind

2. Single photos

3. Warnings given

4. Opportunity to observe event

5. Physical characteristics of the witness (high, visually impaired, stressed, etc.)

6. Expressed certainty

7. Exposure to outside information

8. Whether it was a show up (only one individual shown; more suggestive; should only be done when time is of the essence)

Give the 4 warnings given for identification

1. The person might not be there

2. It’s just as important to clear people as to convict

3. The investigation will continue regardless of if an identification is made

4. Certainty

Summarize basic criminal procedure

1. Arrest

2. Arraignment

3. Discovery

4. Motions

5. Plea bargaining

6. Trials