Chp 5 Search and Seizure/ Protect and Serve

What is the 4rth amendment state?

Persons are secure in their names and in their persons from unreasonable search and seizures

Fruit of the poisonous tree doctrine

Evidence obtained by breaking the fourth amendment

What is a search and arrest warrant?

court order that authorizes an arrest, search and/or seizure

Search warrant

• obtained through a judge

• has to contain probable cause for the search

• has to contain the specific location to be searched

Anticipatory warrant

• legal document that allows law enforcement to search a specific location for evidence that is expected to be present in the future,

What is a search incident to arrest?

• warrantless search of body while making an arrest

why are search incident to arrests conducted?

• protection of officers

Vehicle searches (warrantless)

• if you give permission to search the car, they can search bags

• impounded car inventory search

• use of drug dogs

• roadblocks and checkpoints (specific to drunk driving and illegal immigration

Consent search

• you volunteer to a warrantless search

Plain view

• suspicious objects in plain view

Stop and frisk

• policing tactic where an officer can briefly detain and search a person if they have a "reasonable suspicion" that a crime has been or is about to be committed and that the individual is armed and dangerous

Emergency searches

• can occur if there is a clear danger to life or removal or destruction of evidence

• provides the basis of no-knock warrants

Can police just search cell phones?

• need a warrant to search phone

Why do police need warrants to search phones?

• given the storage capacity of a phone, information obtained might violate privacy concerns

• information on the phone might date back for years

What does it mean to protect and serve?

Police only have the right to protect and serve if a special relationship is established

What is the special relationship?

• you say “ I need you to help me"

• police say “ okay we will protect you”

• the police have to be aware that if they don’t do anything that you will suffer

• you have to believe that the police will protect you 

  • you act differently because the police are there to protect you

What are live lines ups?

• potential offender with those who resemble the offender

Picture line ups

• sequential; one photo provided at a time

• simultaneous; all photos at once

What are the problems with police line ups?

• unintentional/intentional giveaways from police prosecutor filler

• you resemble the offender but you’re not, but get picked

• witness pressure to choose

• comparing your memory to the line up (accidentally see person in station so  you “recognize the person)

• officer makes line- up repeat a phase use in the crime increase the likelihood they will choose someone

What does the trespass doctrine define?

Defines what a search is. A search happens when the government physically intrudes into protected areas: your person, house, papers, or effects

What is the privacy doctrine?

protects people, not places. You have privacy when you reasonably expect it even in places the police could normally enter

Can police use advanced technology like thermal imaging under plain view

no , should require senses only

what is the open field doctrine?

open fields are not protected by the fourth amendment even if privately owned

are public places protected?

No, police can watch you in streets, parks, open businesses, or public restrooms

is abandoned property protected?

no property is abandoned

what can police search when arresting someone?

the suspects body and immediate area for weapons or evidence

Can police search the whole house after arrest?

No, only the area within immediate control

What are exigent circumstances searches?

police can search without a warrant in emergencies when there is danger, risk of escape, or evidence destruction.

Can police search vehicles without a warrant?

yes because cars have reduced privacy but they still need probable cause

What are impound inspections?

when police take in property, they inspect it for safety. Illegal items found can be used in court

Do police need a warrant at the border?

no. strip searches require reasonable suspicion, body cavity searches need probably cause

Do you need a warrant for airport searches?

no, all passengers and luggage can be inspected this is reasonable and no n-discrimintaroy

Do prisoners have fourth amendment rights?

Limited rights to maintain safety and order

Do probationers and parolees need a warrant to search?

No, Police can search them because they waived some freedoms to get out of prison

Can schools search students without a warrant?

yes, only need reasonable suspicion

Can employees be drug tested?

yes