Study Notes on Searches and Seizures

Definition: The Fourth Amendment states: "The right of the people to be secure in their persons, papers and effects, against unreasonable searches and seizures …"
Key Requirements:
- All searches must be reasonable.
- Some searches can occur without a warrant if probable cause exists.
- A limited number specifically require both probable cause and a warrant.

Remedies for Violations:
- Exclusionary Rule: Evidence obtained in violation of the Fourth Amendment may be excluded from trial.
- Civil Action: Victims may pursue civil cases under constitutional tort theory.
- Criminal Prosecution: Victims can request prosecution by state and federal authorities.
- Administrative Complaints: Individuals can complain to an officer’s department or other officials for disciplinary action.

Constitutional Applicability:
- The Fourth Amendment applies to any individual acting on behalf of the government.
- Determining if a search and seizure occurred includes analyzing:
  - An actual search and seizure event.
Katz v. United States (1967):
- Holding: The Fourth Amendment protects people, not places.
- Two-Part Test:
1. An individual must have a subjective expectation of privacy.
2. That expectation must be objectively reasonable.
- Definition of Search: A search occurs when an expectation of privacy, which society recognizes as reasonable, is infringed.
- Not Applicable: Privacy rights do not extend to open public spaces (e.g., parks).

Jones v. United States (2012):
- Issue: Use of GPS tracking devices.
- Holding: The Fourth Amendment is invoked when law enforcement trespasses on legally recognized property rights or invades privacy expected by the suspect.
Florida v. Jardines (2013):
- Issue: Use of trained police dogs for searches.
- Holding: The use of police dogs near a home constitutes a search under the Fourth Amendment.

Definition: The Supreme Court ruled that individuals do not have a privacy interest in information voluntarily provided to third parties.
Key Cases:
- Miller v. United States: Customers lack privacy interest in bank records since they disclosed them to the bank.
- Smith v. Maryland: Customers lack privacy interest in telephone call records.

Definition: A minimum amount of evidence required for a lawful search, seizure, or arrest under the Fourth Amendment.
- Characteristics: There is no universal definition; factors may include:
  - Sources of Evidence:
  - Observations.
  - Hearsay evidence.
  - Statements from witnesses and victims.
  - Information from other law enforcement officers.
  - Informants who have knowledge of crimes due to involvement.
- Rejection of Innuendo: Speculation or conjecture cannot establish probable cause.

Reasonable Suspicion:
- Standard necessary for temporary detention and frisks.
Beyond a Reasonable Doubt:
- The standard for conviction in criminal trials.
Clear and Convincing Evidence:
- Required to establish key facts during trial.
Preponderance of the Evidence:
- The standard where evidence must show that a claim is more likely true than not (51 percent confidence).

Purpose of Warrants:
- Protects citizens from aggressive law enforcement practices.
  - Note: Warrantless searches are allowed under special circumstances.
Key Cases:
- Aguilar v. Texas (1964)
- United States v. Leon (1984):
  - Requirements for Leon applicability:
  - Officer's reliance on the warrant must be in good faith.
  - The warrant must be facially valid.
  - Only applicable to searches and seizures conducted under a warrant.
Executing Warrants:
- Warrants are typically to be served during daylight hours.
- Officers are required to knock and announce their presence at the premises subject to a search.

Types of Exceptions Include:
- Consent Searches: Conducted if the individual consents to the search.
- Terry Stop: Temporary detention based on reasonable suspicion.
- Stop and Frisk: Quick pat-down searches for weapons.
- Plain View: Evidence that can be seen by law enforcement can be seized without a warrant.
- Search Incident to Arrest: Searches allowed during arrests for weapons or evidence that could be destroyed.
- Preservation of Evidence: Searching to protect evidence that may be destroyed.
- Emergency Responses and Hot Pursuit: Pursuing suspects under exigent circumstances.
Additional Exceptions:
- Open Fields: Areas outside of curtilage can be searched without a warrant.
- Border Searches and Profiles: Searches conducted at borders are exempt from warrant requirements.
- Motor Vehicles and Roadblocks: Laws permit searches of vehicles under certain conditions.
- Prisoners, Probationers, and Parolees: Different standards apply for searches of these populations.

Carroll v. United States (1925):
- Holding: Warrantless searches of vehicles on public roads are reasonable if probable cause exists and no exigency is required.
- Example: Vehicle searches validated upon probable cause, especially in drug trafficking cases.
Inventory Searches: Procedures for checking contents of vehicles impounded by police.

Overview: Administrative searches require a lower standard than probable cause, typically aiming to protect public health and welfare.

Definition of Seizure: Occurs when police infringe upon a person’s possession or reasonable expectation of privacy.
- Seizure of a Person: When police show authority, resulting in a reasonable belief that the person cannot leave (e.g., Brendlin v. California, 2007).
Warrant Preference: Most arrests occur without warrants; however, arrest warrants do not allow entry into third-party properties without consent.
- Payton v. New York (1980): Established Fourth Amendment protections in a suspect's home.

Misdemeanor Arrests:
- Clear Misdemeanor Arrests: Pertaining to breaches of peace.
- Unclear Misdemeanor Arrests: Minor misdemeanors that were not properly addressed legally until 2001 (e.g., Atwater v. City of Lago Vista, 2001).

Scope of Searches: Can be expanded to check for other potentially dangerous individuals present out of sight during an arrest (e.g., Maryland v. Buie, 1990).

Knock-and-Announcement Requirement: Officers must announce themselves regardless of force used to gain entry.
- No-Knock Warrants: Can be obtained in extraordinary circumstances.

United States v. Toscanino (1974): Established that while a defendant's person may not be excluded due to an illegal arrest, evidence obtained as a result of that arrest may be subject to suppression.

Police Ethics:
- Officers are bound by departmental rules and compliance with local, state, and federal laws.
- Constitutional principles guide ethical policing standards.
- The International Association of Police Chiefs plays a role in establishing ethical guidelines for law enforcement officers.