CJP: The Investigation ‘Search & Seizure

1. CJP: The Investigation ‘Search & Seizure

2. As we have already learned, a search warrant is a court order that has been obtained from a judge. • The judge has been convinced that there is a bona fide, or authentic, need to search a person or place. • Also as we were looking at the obtaining of a search warrant we learned that the police officer must file a complaint. This complaint is called an affidavit, which is a sworn statement of facts and circumstances.

3. The search warrant must describe specifically what the officers can search for on the person or at the place. • The search warrants must be conducted within a specified amount of time and unless expressed otherwise, must be executed during the day time.

4. If when executing the search warrant the officers come across illegal items that are in plain view that could be related to the case but not mentioned in the warrant, the officers can seized those items as well.

5. When acting upon the search warrant the 4th Amendment’s reasonableness requirement (“…the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…”) the officers must knock, announce their purpose and authority.

6. The police cannot enter a house or building forcibly-even with a warrant-unless they have met this ‘knock and announce’ test. • However, a ruling by the U.S. Supreme Court has allowed a ‘no-knock’ entry when circumstances present a threat to the officers or where evidence would likely be destroyed if advance notice were given.

7. Warrantless Searches Most searches are warrantless, but they still must meet the reasonableness requirement. There are several situations where officers can conduct a warrantless search.

8. Situations for Warrantless Searches • Search incident to a lawful arrest: This situation is when the police have arrested an individual and are allowed to search that individual and the immediate area for any weapons or evidence that might be destroyed. This is called a ‘grab area’ search. • If the arrest occurred next to the accused car, the police may search the passenger compartment of the car but usually not the trunk. In homes, officers can make a ‘protective sweep’ throughout the home in search of potentially armed persons.

9. Situations for Warrantless Searches • Stop and frisk: A police officer who reasonably thinks a person is behaving suspiciously and is likely to be armed may stop and frisk the suspect for weapons. • Consent: When a person voluntarily agrees, the police may conduct a search without probable cause

10. Situations for Warrantless Searches • Plain view: If an object connected with a crime is in plain view and can be seen from a place that the officer has a right to be, it can be seized without a warrant. • Hot pursuit: Police that are pursuing a suspect are not required to obtain a warrant before entering a building that they have seen the suspect enter. Officers can also seize any evidence found during a pursuit.

11. Situations for Warrantless Searches Vehicle searches: A police officer who has probable cause that a vehicle has contraband (illegal items) may conduct a search of the entire vehicle as well as containers in the vehicle. This, however, does not give officers the right to stop just anyone.

12. Situations for Warrantless Searches Emergency situations: The police do not have to obtain a search warrant in cases in certain emergencies. For example, officers can search a building where a bomb threat has been called in, entering a house after smelling smoke or hearing screams.

13. Situations for Warrantless Searches Customs border agents can search without a warrant and without probable cause any baggage, vehicle, purses, wallets, and similar belongings of people entering the country. Body searches are only allowed if there is reasonable suspicion of criminal activity. Airline security is allowed to search all carry-on luggage and to search all passengers by means of fixed and handheld metal detectors and body scan machines.