Search Warrant Exceptions

Search Warrant Exceptions

Coach Presnell

Agenda

• Objective

• Arguments For Warrantless Search

• Lecture – Actual Exceptions

• Web-Ex for Exceptions

Objective

• Students will be able to apply to the exceptions to the search warrant clause of the 4th amendment.

When?

• When should police officers be able to search without a warrant?

GRWS

• Keep it simple!

Exigent Circumstances • US v. McConney - 'Those

circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.'

Check on learning…

• What are exigent circumstances?

Stop and Frisk

• Terry v. Ohio - “Though the police must whenever practicable secure a warrant to make a search and seizure, that procedure cannot be followed where swift action based upon on-the-spot observations of the officer on the beat is required.”

Check on learning…

• What is a stop and frisk?

Incident to Arrest • A search incident to

arrest is the thorough search of the suspect and his immediate area conducted contemporaneous to the arrest.

• The purpose of this search is to look for means to escape, prevent the destruction of evidence, and to secure any weapons.

Check on learning…

• What is a search incident to arrest?

Custodial • Is the search of a person’s property

after he has been arrested and submitted for detention.

• This type of search is an administrative search done for the purpose of inventorying and securing the personal effects for safekeeping.

• The goal is to protect the officer and the employer, as well as the owner of the property in case theft or damage occurs or false allegations are made.

• US v. Edwards: The same reasoning applies to the custodial inventory of a vehicle when impounded by an officer.

Check on learning…

• What are custodial searches?

Plain View • Any item that an officer has probable cause to

believe is associated with criminal activity that he sees in plain view can be seized without a warrant.

• Officer must be in a lawful place when observing the material, can use vision enhancement.

• Officer must also believe it is associated with criminal activity, not just curious!

Check on learning…

• What is plain view?

Open Fields

• Hester v. US, ruled that officers may search open fields that are unoccupied without a warrant.

• They are not protected by the 4th Amendment

• Oliver v. US, officers can also hop a fence and bypass no trespassing signs!

Check on learning…

• What are open fields?

Abandoned Property

• Any property found abandoned by the owner can be searched by the police, just as if they were the general public.

• California v. Greenwood: trash put on the curb is “abandoned.”

Check on learning…

• What is abandoned property?

Consent

• Consent can be given to search by person who has custody and control of the place/item and does so VOLUNTARILY!

• Documentation of consent not required, but should be done to seal up the case.

• Officer must exercise due caution: – Ensure person is the proper owner and in custody (ie,

owner of apartments cannot consent to search of apartments)

– Ensure person is mentally capable

Check on learning…

• What is a consent to search?

Probation/Parole Search

• US v. Knights: If a person is on probation or parole, their persons, homes, vehicles, etc., may be searched at any time!

• They must surrender their expectation of privacy to rehabilitate and protect society.

Check on learning…

• Explain a probation/parole search?

Protective Sweep

• This is a limited search of the premises for hiding persons.

• The purpose of this type of search is to protect the officers on the scene from being attacked by persons undetected in other parts of the premises.

• A protective sweep can be conducted without reasonable suspicion for the areas immediately adjoining the location of arrest.

• To expand the search to all rooms of the premises requires at least reasonable suspicion that the officers’ safety are in danger, Maryland v. Buie.

Check on learning…

• What is a protective sweep?

Web-Exercise

• With a partner, search the web for a news story where the police utilized search warrant exceptions.

• Make sure to note whether or not they used the exception properly!