Study Notes on Searches and Seizures: Exceptions

Chapter 13: Searches and Seizures: Exceptions

The Fourth Amendment

  • Definition: “The right of the people to be secure in their persons, papers and effects, against unreasonable searches and seizures . . .”

Exceptions to the Search Warrant Requirement

  • Categories of Exceptions:
    • Consent Searches
    • Terry Stop
    • Stop and Frisk
    • Plain View
    • Search Incident to Arrest
    • Preservation of Evidence
    • Emergency Responses and Hot Pursuit
    • Community Caretaking
    • Open Fields
    • Border Searches and Profiles
    • Motor Vehicles and Roadblocks
    • Prisoners, Probationers, and Parolees

Specific Exceptions Explained

1. Consent Searches
  • Requirement: A voluntary consent to a search negates the Fourth Amendment’s warrant and suspicion requirements.
  • Reasonableness: The only requirement is that consent must be reasonable.
  • Right to Refuse: The police are not obligated to inform a person they do not have to consent.
  • Revocation: Consent may be revoked by the person at any time.
  • Totality of Circumstances: Courts evaluate the consent's voluntariness considering various factors:
    • Knowledge of the right to refuse consent
    • Suspect's age, intelligence, and language skills
    • Cooperation level by the suspect
    • Suspect's attitude about potential contraband discovery
    • Length and nature of detention
    • Intimidation or coercion by police
  • Important Note: Police must respect any limitations set by the suspect & a consent obtained under coercion is not valid.
2. Terry Stop (Terry v. Ohio, 1968)
  • Definition: A limited stop and frisk based on reasonable suspicion.
  • Justification: A Terry stop must be justified at its inception and the scope must be related to the circumstances.
  • Detainment: Stops should last no longer than necessary.
  • Frisking: Requires reasonable belief that the person is armed and dangerous; full searches necessitate probable cause.
3. Plain Feel Exception
  • Discovery: During a Terry patdown, if an officer feels contraband through touch, it may establish probable cause for retrieval.
  • Limitation: Officers are not allowed to explore beyond what is necessary to assess danger unless probable cause arises during the patdown.
4. Plain View Exception
  • Definition: Valid warrantless seizure of evidence visible when an officer is in a lawful position.
  • Criteria:
    • Officer must be lawfully present.
    • Evidence must be in plain view.
    • Probable cause must exist regarding its connection to a crime.
5. Search Incident to Arrest
  • Scope: Officers may conduct a quick search of a home when making an arrest to ensure officer and bystander safety, focusing on areas where someone might hide.
6. Exigent Circumstances Exception
  • Definition: In emergency situations where obtaining a warrant is impractical, warrantless action is justified to preserve evidence or prevent injury.
7. Emergency Responses and Hot Pursuit
  • Policy: Police may enter locations without warrants during emergencies such as chasing a suspect into a private structure.
  • Independence of Cases: Each situation must be independently assessed for exigent circumstances.
8. Community Caretaking
  • Function: Involves police actions not directly tied to investigations but focused on public welfare (e.g., wellness checks).
  • Criteria: Must have reasonable belief, based on facts, to justify urgent intervention without a warrant.
9. Open Fields
  • Note: Not a technical exception; open fields are not protected by the Fourth Amendment, allowing searches without a warrant.
  • Curtilage: The area surrounding a home (curtilage) has protection, resembling the home itself.
  • Determinants:
    • Proximity to the home
    • Enclosure relative to the home
    • Nature of the land's use
    • Efforts by residents to keep the area private
10. Border Searches and Profiles
  • Requirement: Border searches can occur without probable cause but must remain reasonable.
  • Application: This includes searches of both individuals and their luggage.
11. Motor Vehicles and Roadblocks
  • Privacy: The Fourth Amendment offers privacy protections for automobiles, though not as stringent as for homes.
  • Operational Use: Roadblocks may be set up for suspect apprehension or detection of unsafe drivers, employing an objective system for stops.

Types of Searches

1. Car Searches
  • Conditions for Search: A car can be searched incident to an arrest, contingent on an actual arrest taking place.
  • Legal Precedent: AZ v Gant states police may only search the vehicle if the arrestee can access it at the time of search or if it holds evidence related to the arrest.
2. Car Inventory Searches
  • Authority: Officers may impound vehicles after an arrest, followed by an inventory search which does not require probable cause and maintains a limited scope.
3. Searches on Boats
  • Protection Level: Boats fall under Fourth Amendment protections but are subject to reasonable searches without a warrant due to their public exposure.
4. Searches of Prisoners, Probationers, and Parolees
  • Privacy Expectation: The Fourth Amendment does not provide full protections in prisons; thus, searches of persons do not require probable cause or warrants. Probationers and parolees experience lesser privacy rights.
5. Administrative Searches
  • Nature: Generally do not require probable cause and focus on health and safety concerns rather than criminal detection. Inspections are permitted as long as they're reasonable.

Ethical Considerations

  • Racial Profiling: Police often stops based on race; increased use of force against specific groups noted.
  • Supreme Court Stance: Race, ethnicity, religion, or similar traits cannot be the sole basis for a search/seizure; they can be a factor when connected to criminal activity in context.
  • Relevant Contexts: NYC Stop and Frisk practices and neighborhood safety programs have been points of contention.