Criminal Evidence and Search and Seizure Concepts

Search
- Definition: An examination of an individual's person, property, or areas where they have a reasonable expectation of privacy by law enforcement.
Seizure
- Definition: A government action that significantly interferes with an individual's possessory interests in property.

Actual Possession
- Definition: Individuals have actual possession of property if they are physically holding or grasping it.
Constructive Possession
- Definition: Individuals have constructive possession of property if they possess it but are not physically touching it.

Standard of Justification: Traditionally governs all government searches and seizures of private areas.
The Court has identified circumstances in which probable cause is not necessary:
- Probable Cause: A standard that induces a belief in a reasonable officer that an accused likely committed a crime.
- Reasonable Suspicion: A lower standard than probable cause, it allows for investigative detention and questioning of private citizens without establishing probable cause.
- Administrative Justification: Justifications for searches vary based on the government actors involved and the areas searched, weighing public safety against individual privacy rights.

Definition: The justification necessary to arrest an individual or create a belief that a reasonable officer has that the accused is likely a criminal.

Definition: A standard less than probable cause, sufficient for investigative detention, often cited by law enforcement for questioning and temporary detainment of citizens without probable cause.

Definition: Searches justified for administrative rationales vary widely; they weigh public safety interests against individual privacy rights.
Examples of Administrative Searches:
- Enforcement of health codes.
- Searches in heavily regulated businesses.
- School searches.
- Drug testing of specific populations.
- Searches necessary to ensure public safety.

Definition: Individuals are protected from government-sponsored searches, seizures, and unlawful entry without probable cause and due process into areas deemed private.

Warrants
- Definition: A legal directive issued by magistrates or judicial officials showing probable cause, authorizing law enforcement to make arrests, conduct searches, or seize evidence at specific times and locations.
Four Corners Rule
- Definition: A legal requirement restricting judges from seeking probable cause beyond the information contained in the application and affidavit of a warrant, and limiting law enforcement actions to the parameters of the warrant itself.

Staleness: Refers to the period between the event prompting probable cause and the execution of the warrant; timeliness is crucial.
Particularity: The Fourth Amendment mandates specificity regarding the place, time, and items being searched or seized.
- Defines that items not specified within the warrant cannot be included in the search.
Vicinage: Ensures individuals retain the right to be charged in the geographic location of the original jurisdiction; warrants are only valid if issued by judicial officials with authority over that area.

Anticipatory Search Warrants
- Definition: Legal documents authorizing search and seizure before the evidence has arrived (e.g., a shipment of narcotics).
Sneak-and-Peek Warrants
- Definition: Authorizes law enforcement to conduct surreptitious entry into places believed to contain evidence.
No-Knock Warrants
- Definition: Permits law enforcement to enter premises without prior notification to occupants, used in situations where there is a risk to evidence or officer safety.
Nighttime Search Warrants
- Definition: Grants law enforcement authority to conduct searches at night.