Crime Scene Investigation: Laws of evidence, search, and seizure

4th Amendment

protects citizens against unlawful search and seizure of evidence

Search

occurs when police intrude on a suspect’s reasonable expectation of privacy

seizure

occurs when police interfere with a suspect’s possessory rights of property

persons, houses, paper, personal effects

4 constitutionally protected locations

gather evidence, disarm suspects for self protection, make an inventory of property

three main purposes for a search are ______

full search

done when police gather evidence

always require either a search warrant or a recognized exception to the warrant requirement

limited weapons search

done to disarm suspects for self-protection

inventory search

done when an officer needs to see what is in property that they have impounded (i.e. car)

criminal activity has taken place, specific objects associated with that crime exist and that they will be found at the place to be searched

probable cause for a search warrant requires facts sufficient to justify a reasonable person to believe three things: _______

it’s enough that the evidence will probably be there.

particularized description of the place to be searched and the things to be seized

4th ammendment requires that search warrants contain a ________

these requirements guard against general searches

scope

the warrant’s description of the place to be searched defines the permissible _______ of the search

curtilage

police typically describe the premises by address, which extends search authority to the residence, the yard, and all structures and vehicles inside the __________

intensity

controlled by the warrant’s description of the objects to be seized. Pertaints to whether police may open drawers or containers, read mail, etc.

with consent

as an incident to a lawful arrest

when police have probable cause to believe a motor vehicle contains evidence that is subject to seizures

when exigent circumstances are present

4 exceptions that exist for the requirement that warrants are necessary for a full-blown search

consent to a search

a warrant is not required to search premises if the suspect or a fellow occupant consents to the search 

may be rescinded

once consent is granted it ________. Police do not have to advise people of their right to refuse.

incident to a lawful arrest

a _____ custodial _______ carries automatic authority to search the person of the arrestee AND everything within arm’s reach for weapons and criminal evidence, with no reason to believe that either will be found.

chimel v California

case that established search upon lawful arrest is limited to area in suspect’s immediate control

to prevent the arrestee from gaining access to a weapon and from concealing or destroying evidence

Purpose of a search incident to a lawful arrest

not restricted in the same way as a pat-down

carroll doctrine

police may conduct a warrantless search of a vehicle whenever they have probable cause to believe that is contains contraband or evidence of criminal activity. 

vehicles can be moved during the time it would take to get a search warrant

justification for the carroll doctrine

fleeting targets exception

recognizes it would be unrealistic for an officer to obtain a warrant while a vehicle is on a roadway, and permits a police search under certain circumstances.

exigent circumstances and hot persuit

police are allowed to enter private premises without a search wrrant when they are confronted with _________ that create an urgent need for action i.e. someone calling for help.

hot pursuit of a fleeing suspect

threats to safety

threatened destruction of evidence

3 main circumstances that fall within exigent circumstances warrant exception

action immediately necessary to address the exigency that justified the entry

exigent circumstances searches are limited in scope and intensity to _________

i.e. police fearful of destruction of evidence can enter to secure the premises, but cannot search without a warrant

Frisk

police may perform a limited weapons search or _____ when they have reason to believe that a person whom they have lawfully detained for investigation may be armed and dangerous 

Terry v Ohio

court case that determined the standard for brief stop and _______ based on reasonable suspicion (terry-type stop)

protective sweep

when police make an arrest inside a residence, they may perform a cursory visual inspection of closets and spaces immediately adjoining the place of arrest in which cohorts who pose a danger to the officer might be hiding

inventory searches

an impoundment occurs when police take custody of property for reasons other than to use as evidence (i.e. vehicles and belongings taken from arrestees before placing them in a detention facility are most often impounded)

investigative in nature

the 4th amendment allows the warrantless search of all lawfully impounded property, since this search is not ________ __ _______, but administrative.

they are done to protect the owner’s property while in police custody and to protect police from false claims of lost or stolen property

plain view exception

police are allowed to seize objects for use as evidence without a search warrant describing them when the __________ to the warrant requirement applies

the initial intrusion is lawful

it is immediately apparent

the sighting is coincidental

cannot move objects to see items hidden from view

plain view exception requirement is allowed when these 4 things are true: ______

exclusionary rule

entitles the defendant to have all evidence obtained as a result of the violation excluded from their trial

Weeks vs. US

forms basis of exclusionary rule where evidence illegally seized by police cannot be used in a trial and only applied to federal officers

Mapp v. Ohio

applies exclusionary rule to the states