Search and Seizure

(4(4thth Amendment) Amendment)The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and effects their persons, houses, papers, and effects

against unreasonable searches and against unreasonable searches and seizures, shall not be violated, and no seizures, shall not be violated, and no

warrants shall issue, but upon probable warrants shall issue, but upon probable cause supported by oath or affirmation, cause supported by oath or affirmation, and particularly describing the place to and particularly describing the place to be searched and the person or things to be searched and the person or things to

be seized.be seized.

Probable CauseProbable Cause

The police need it to search someone The police need it to search someone or their stuff or to get a search or their stuff or to get a search warrant.warrant.

So what So what isis Probable Probable Cause?Cause?

““An accumulated wisdom of An accumulated wisdom of precedent and experience.” precedent and experience.”

Huh?Huh?

How ‘bout thisHow ‘bout this

PC is when a PC is when a reasonablereasonable person person believes that another person believes that another person has, is, has, is, or may be about to commitor may be about to commit a a crime because of circumstances &/or crime because of circumstances &/or facts.facts.

Still huh?Still huh? You’ll know it when you see it…You’ll know it when you see it… Try it…Try it…

When would the police When would the police have have probable causeprobable cause to stop to stop and search this vehicle?and search this vehicle?

What if…What if… The driver of the car slowed abruptly when The driver of the car slowed abruptly when

he saw the cop.he saw the cop. The driver avoids eye contact with the police The driver avoids eye contact with the police

officer.officer. The children in the back seat wave in an The children in the back seat wave in an

“oddly mechanical manner.”“oddly mechanical manner.” The van was traveling on an unpaved road in The van was traveling on an unpaved road in

the southern part of Arizona.the southern part of Arizona. The road ran parallel with an paved highway The road ran parallel with an paved highway

that had border checkpoints.that had border checkpoints. The unpaved road was commonly used by The unpaved road was commonly used by

smugglers of illegal immigrants and smugglers of illegal immigrants and narcotics.narcotics.

The van was searched and The van was searched and 128 pounds of pot was 128 pounds of pot was

found in it.found in it.

Where do the police get Where do the police get (PC) to search with or to search with or

without a warrant?without a warrant? Observation: Observation: Sight, , Smell, and/or , and/or

Sound

Police ExpertisePolice Expertise

Gang signs/graffiti, drug and/or /graffiti, drug and/or burglary paraphernalia.burglary paraphernalia.

InformationInformation

Informants, witness/victim , witness/victim statements, police bulletins.statements, police bulletins.

Running from the police

Especially out of a back or Especially out of a back or side door..

Furtive MovementsFurtive Movements

Secretive or concealing Secretive or concealing movements given the time, setting, weather, and given the time, setting, weather, and audience.audience.

False and/or improbable False and/or improbable answeranswer

A cop pulls a car over for speeding A cop pulls a car over for speeding and asks for license and registration. and asks for license and registration. The names two don’t match. The names two don’t match.

Cop: “Who’s car is this?”Cop: “Who’s car is this?” Guy: “The car belongs to my cousin.”Guy: “The car belongs to my cousin.” Cop: “OK, what’s your cousin’s Cop: “OK, what’s your cousin’s

name?”name?” Answer?Answer?

““I don’t know his name.”.”

Presence at a Presence at a crime scene..

The “Joint Possession” rule: The “Joint Possession” rule: Everyone at a party will get Everyone at a party will get searchedsearched

Past Criminal ConductPast Criminal Conduct

Not sufficient on its own for PC, but Not sufficient on its own for PC, but can be with other circumstances.can be with other circumstances.

Searches incident to a Searches incident to a lawful arrest..

Stop and Frisk

Consent

Plain View

Hot Pursuit

Vehicle SearchVehicle Search

Police can search the lunge area of Police can search the lunge area of the car during a legal traffic stop.the car during a legal traffic stop.

Need PC to search the rest of the Need PC to search the rest of the vehicle.vehicle.

PC for the rest of the car…drug dogPC for the rest of the car…drug dog

Emergency SituationsEmergency Situations

Bomb ThreatBomb Threat Smoke or screams coming from Smoke or screams coming from

inside a house.inside a house.

Border and Airport Border and Airport SearchesSearches

It all comes down to the It all comes down to the “totality of the “totality of the

circumstances.”circumstances.”

SometimesSometimes

A search isn’t necessaryA search isn’t necessary