The Answer: Yes, Abel might be prosecuted as an right to not incriminate oneself guaranteed accessory after the fact. By affirmatively by the Fifth Amendment to the U. Consti- misleading the police, he has aided Cain to tution is especially powerful in this situation, avoid arrest. Admittedly, the police might view such a response as a red flag that Cain is close at hand. Abel must rely on his own balancing of A police officer wants to ask personal risk, private loyalty and public duty.
Questioning of Arrestees A lot. When people lie to the police or otherwise intentionally assist a known This section deals with police attempts to criminal to avoid arrest, they may be charged question you in situations where you are in as accessories after the fact. They can also be custody. It explains the Miranda rule and charged with obstruction of justice. Obvi- when it does and does not apply.
Rarely, if ever, would an individual who simply declines to give information to a police officer qualify as an accessory after the fact. See Question 20 for more on ily give up these and other rights, the courts when a person is in custody. At the police station, Officer Mayorkas seeks to question Rozmus about To remedy this situation, the U. Case Example 1: Mal Addy is arrested for assault with a deadly weapon.
Without The Miranda Case advising Addy of his Miranda rights, the Ernesto Miranda was arrested for kidnapping police ask Addy about the location of the and raping a young woman in Arizona.
Ten knife that Addy allegedly used in the attack. The police took Miranda what Addy said to the police inadmissible at into an interrogation room and questioned trial. Eventually, Miranda broke Question: Can the prosecutor introduce the down and confessed in writing to committing knife into evidence against Addy?
The police did not physically abuse Miranda or trick him into confessing. At trial, Answer: No. The police learned of the into evidence, and he was convicted. On knife solely through an improper interroga- appeal, the U. Supreme Court overturned tion of Addy, so the knife is inadmissible as the conviction and granted Miranda a new evidence. In some cases, police would have trial.
The Supreme Court decided that the inevitably discovered the same poisonous confession should not have been admitted evidence on their own. The police would have found the knife when they inventoried the contents of the backpack during the booking process.
Since the police would Miranda warning? If a defense attorney can convince a exclude what I say? For instance, assume that the police induce a suspect to confess by confronting the suspect Am I entitled to have my case with objects the police seized during an dismissed if the police illegal search. For more on search and questioned me without advising seizure, see Chapter 2. If seeing the illegally me of my Miranda rights?
One popular misconception about the confess, a judge may throw out the confes- criminal justice system is that a case has to sion as the fruit of the poisonous tree the be thrown out of court if the police fail to illegal search , even if the police first gave give the Miranda warning to people they the Miranda warning.
What Miranda says is that the warning is necessary if the police interrogate a suspect in custody and want to offer some- thing the suspect says into evidence at trial. More About Poisonous Fruit This means that the failure to give the The fruit of the poisonous tree rule prevents Miranda warning is utterly irrelevant to the police officers and prosecutors from indi- case if: rectly benefiting from improper searches and interrogations.
Wong Sun v. In essence, if the prosecution can win its case without using the illegally obtained evidence, a Miranda violation will not cause dismissal of the case. Talking significant way. How do I assert my right to says is admissible in evidence. Case Example: Officer Roy Altie responds Suspects do not need to use any magic to a call to investigate a purse-snatching words to indicate that they want to remain incident. Arrestees may invoke their wearing a light-colored sweatshirt.
If the police continue to question an Question: Does Officer Altie have to arrestee who says anything like the above, precede the questioning with the Miranda the police have violated Miranda. As a warning? Thus, Officer Altie lacked probable cause to make an arrest, and did not intend to make If the police question me before an arrest.
Officer Altie was engaged in gen- arresting me, does the Miranda eral on-the-scene questioning, and therefore rule apply? Not necessarily. Officer Starsky does not give Hutch the Miranda warning.
Police Officers May Mischaracterize a Custodial Situation in Court Question: Is what Hutch says to the officer about his whereabouts at the time of the Police officers generally believe that suspects burglary admissible in evidence?
Hutch was ordered out of the Thus, police officers have an incentive not to car and thus was not free to leave. Because give the warning. In general, yes. Miranda applies only to statements that are the product of police questioning. If an arrestee volunteers No, so long as the police officer simply asks Case Example: After performing a series of a motorist for identification and limits sobriety tests, Ina Bryate is arrested for drunk discussion to the traffic offense for which the driving.
As the officer is taking her toward officer stopped the motorist. A possibly be drunk. Question: Is what Ina said admissible in However, a Miranda warning would be evidence? Ina volunteered the remark; order to question the motorist about crimes the officer did not elicit it with a question. Thus, the fact that Ina had not been given a Miranda warning does not bar admission of her statement into evidence.
Case Example: Officer Starsky stops Hutch for running a red light. Delayed Miranda Warnings Crafty police officers may intentionally delay In the absence of the warnings, Yes. Suspects can invoke their right to some suspects will blurt out voluntary silence at any time, even if they have begun statements that the prosecution can then talking to the police.
Of course, statements offer into evidence at trial. Assume equivalent of locking the barn door after the that a suspect who remained silent after horse has run away. The farther. Do most suspects invoke their right to remain silent and to be represented by an attorney When Miranda was decided, police and Suspects waive give up their Miranda rights prosecutors predicted a dire effect on their by talking to police officers after having been ability to secure convictions.
However, advised that they have the right not to. To arrestees often ignore the Miranda warning avoid disputes in court about whether and talk to police officers. Many suspects are guilt, police officers may emphasize the intimidated by jail conditions, and talk harm that the suspect has caused to the in order to please the jailers who are victim, and stress that the suspect can suddenly in control of their lives.
Many conduct see, e. Vasila, 45 suspects, especially first-time offenders, Cal. To them, a niency, and the judge will usually confession represents the shortest line believe them. In this ploy, one police officer is put what you say in our reports, so this aggressive and overbearing toward a is a chance to make sure that the district suspect. A second officer is helpful and attorney hears your side of the story.
Suspects believe the second Then in an effort to minimize their guilt, officer is on their side, and so they suspects often furnish evidence that gratefully and voluntarily talk to the eventually helps convict them.
Anything they say to the usually empty. Police officers may recom- police, even if at the time it seems to be mend a light sentence then again, they may in their favor, is admissible in evidence. For basis of statutory requirements and political example, police officers may tell a expediency. Even if the police have lied, charged with burglary.
At the police station, the resulting confession is usually Dee waives her Miranda rights and voluntar- admissible in evidence. If an officer arrests me and asks the burglary took place. Dee protests that what she said to the police admitted as evidence? Miranda warning. New York v.
Quarles, U. Dee waived her Miranda Sup. The purpose of the rule is to rights, so the statement is admissible, make it more likely that police officers will regardless of whether she made the state- find out about weapons or other dangerous ment to help herself or to admit guilt.
Case Example 2: Len Scap is arrested for murder. The police give Len his Miranda warning, then tell him that he might as well Feeling all is lost, Len confesses apartment, can my responses be to the murder.
Miranda warning? Miranda only applies to questioning by evidence? Answer: Very probably. Judges generally rule that confessions are voluntary even if they are obtained by the police through trickery. See Frazier v. Cupp, U. Besides Miranda, are there other Private Individuals May restrictions placed on the police Sometimes Be Police Agents when they seek information from for Purposes of Miranda an arrested person?
Courts sometimes hold private individuals to Yes. Confessions that are deemed to be the same Miranda standards as police officers if involuntary are not allowed as evidence. Under this rule, the police are not allowed For example, assume that the police arrest Rose to use brutality, physical threats or other Ettastone for embezzlement from the bank that means of intimidation to coerce suspects employs her.
Hoping to find out how Rose into confessing. If the police obtain informa- carried out the scheme, the police ask the bank tion by any of these illegal means, the manager to come down to the jail and inter- information is not admissible, whether or not view Rose.
Rose tells the bank manager details they read the suspect his Miranda warning. Because the manager was acting as a police agent, he would have had to tree rule, any evidence that the police obtain advise Rose of her Miranda rights before as the result of the coerced confession interviewing her if the statements were to be would be equally inadmissible. Recent years have seen an explosion of Case Example 1: Clark Kent is arrested for private security guards in places like shops, indecent exposure.
After he is booked, the office buildings and housing projects. Accord- police read the Miranda rights to Clark. The ing to one estimate, the United States now has police then proceed to question Clark over a three times as many private security guards as hour period, keeping him in solitary police officers.
Because private security guards confinement when they are not questioning are not governmental employees, rules such as him and withholding almost all food and Miranda have not been applied to them. Clark finally agrees to talk to the However, courts may soon be called upon to police and confesses to the crime. Clark did not freely and voluntarily waive his Miranda rights, because the interrogation methods were highly coercive.
Case Example 2: Moe Money is charged with obtaining money by fraudulent means. Following the Miranda warning, Moe voluntarily agrees to talk to the police and denies any fraudulent conduct. The police then tell Moe that they will arrest his wife and bring her to the station for questioning. Moe tells the police that his wife is pregnant How do intoxication or mental but very ill, and has been instructed by her limitations affect the voluntariness doctor to remain in bed as much as possible of a confession?
Unless confession admissible in evidence? Moe into talking. See Rogers v. Richmond, U. Case Example 1: Sarah Bellum is arrested for armed robbery, and confesses after receiving Miranda warnings. Defense evidence shows that Sarah is mentally Cops Usually Win retarded, with a mental age of nine.
Defendants who Answer: Probably. Judges usually rule that are physically coerced by police into talking confessions by suspects with mental can support their claims with photos of marks limitations are voluntary.
Judges, believing of her confession, the police had just that defendants have a greater motivation to awakened her from a deep sleep produced lie than police officers, usually side with the by her having ingested three tranquilizers a police and conclude that no coercion took few hours earlier. The police testify that place.
Sarah was fully awake and lucid. Question: Was her confession voluntary? While the drugs may have Answer: Probably not. See Griffin v. State, Wyoming At the time she confessed, she was in pain from injuries she suffered when she was captured, she was under the effects of tranquilizers she had ingested just prior to the robbery and she passed out a number of times during the interrogation. What are the search and seizure provisions of the Fourth Amendment all about?
Are all searches subject to Fourth Amendment protection? How can an illegal search affect my criminal case? If the police conduct an illegal search, does the case against me have to be dismissed? If a police officer finds contraband or evidence of crime in the course of a search, does that make the search valid even if it was initially illegal?
Can illegally seized evidence be used in court for any purpose? Do Fourth Amendment protections apply in every state? If the police illegally seize evidence, can they use the illegally seized information to find other evidence to use against the defendant?
Can I plead guilty but reserve the right to challenge a search and have my guilty plea set aside if the search is held to be illegal? What is a search warrant? How do police officers obtain search warrants?
If the police have a warrant to search my backyard for marijuana plants, can they legally search the inside of my house as well? The police had a warrant to search a friend I was visiting, and they searched me as well. If a police officer knocks on my door and asks to enter my dwelling, do I have to allow the officer in without first seeing a warrant? Does a police officer have to warn me that I have a right to refuse to consent to a search?
If a police officer tricks or coerces me into consenting to a search, does my consent make the search legal? If I agree to open my door to talk to a police officer, and the officer enters without my permission and searches, is the search valid? Can I consent to a police search of my living room but not my bedroom? Is a search valid if the reason I consent to it was because I felt intimidated by the presence of the police officer? Does the consent make the search legal?
Can the police search my hotel room without a warrant? If my employer consents to a police search of my workspace, are the results of the search admissible in evidence? Can my child let the police search our home while I am at work? I agreed to talk to a police officer in my house. The officer saw some drugs on a kitchen counter, seized them and arrested me.
If a police officer illegally enters a house and observes evidence in plain view, can the officer seize the evidence? Can an officer legally search me after arresting me? If the police properly arrest me in my home, can they also search the home? Do guests in a home have the same privacy rights as the homeowner or tenant?
Is a search following an illegal arrest valid? If an officer searches me after a valid arrest and finds evidence for an entirely different crime, is the evidence admissible? Short of arresting me, is there any legal basis upon which a police officer can stop and search me?
Does the stop and frisk rule give police officers the right to regularly detain and hassle me, maybe because of my ethnicity? Seeing a police officer walking in my direction, I tossed away a packet of illegal drugs.
Can the officer pick it up and use it as evidence against me? Can the police search me or my car simply because they stopped me and gave me a traffic ticket? Can the police order drivers and passengers out of cars that are stopped for traffic violations? Can the police pat down drivers and passengers who have been ordered out of cars stopped for traffic violations? Is it legal for the police to pull a car over for a traffic violation when the real purpose of the stop is to find evidence of criminal activity?
If the police have probable cause to search a car, do they have to obtain a warrant first? If the police have probable cause to search a car, can they also search objects belonging to passengers? What are some examples of emergency situations that eliminate the need for search warrants? Can a judge decide after the fact that a claimed emergency did not justify a warrantless search?
Can police secretly listen in to telephone conversations without a search warrant? Do the police need a warrant to search my trash? Is my backyard as subject to Fourth Amendment protection as the inside of my house?
I live in a house with large acreage in a rural area. Are the fields around my house private? Can public school officials search students without a warrant? Can public school officials require drug testing for students participating in extracurricular activities?
Can a government medical facililty perform drug tests on pregnant women for police purposes? Can police officers secretly peek into public restrooms? Can police officers use high-tech devices to search for evidence of criminal activity within a residence? Can shops legally use closed-circuit cameras in dressing rooms? Does that give a police officer a right to search me without a warrant? T he Fourth Amendment to the U. Constitution places limits on the power of the police to make arrests; search people and their property; and seize objects, documents and contraband such as illegal drugs or weapons.
This chapter answers the most 1. What are the search and seizure basic questions that people might have provisions of the Fourth about search and seizure law, but if you Amendment all about?
Most people instinc- technically, a kind of seizure , see Chapter 3. It is the freedom to decide which details of your life shall be revealed to the public and which shall be revealed only to those you Other resources go into search and care to share them with. To honor this seizure in more detail. Inciardi Harcourt ers, landlords and private security personnel, Publishers, 7th ed. See Chapter 27 unless the search is made at the behest of a for more on legal research and using a law library.
The Text of the Fourth Amendment Section I: The Constitutional The right of the people to be secure in their persons, houses, papers, and effects, against Background unreasonable searches and seizures, shall not This section provides an overview of the be violated, and no Warrants shall issue, but limitations on searches and seizures pro- upon probable cause, supported by Oath or vided by the Fourth Amendment to the U.
Unfortunately for privacy itself, the Courts use a two-part test fashioned by Fourth Amendment does permit searches the U. Supreme Court to determine and seizures that are considered to be whether, at the time of the search, the reasonable. In practice, this means that the defendant had a legitimate expectation of police may override your privacy concerns privacy in the place or things searched.
For example, a person who uses a public restroom expects not to be spied upon the person has a subjective expectation of 2. Are all searches subject to Fourth privacy and most people—including judges Amendment protection?
American judges have written thousands to be reasonable there is an objective of opinions interpreting the Fourth Amend- expectation of privacy as well. But before getting to that question, the police in a public restroom will be another question must be answered first.
Or more pre- reasonableness. Katz v. If not, then because it is very unlikely that the person no search occurred for the purpose of Fourth would think that the front seat of the car is a Amendment protection.
If, however, a defen- private place a subjective expectation of pri- dant did have a reasonable expectation of vacy is unlikely , and even if the person did, privacy, then a search did occur, and the society is not willing to extend the protec- search must have been a reasonable one.
How can an illegal search affect so the case must be dismissed. Realizing that my criminal case? Bunny went free ought to deter Officer Friday from conducting illegal searches in the In Mapp v. Ohio , the Supreme Court future, exactly what the exclusionary rule is established what has come to be known as supposed to accomplish. If the police conduct an illegal state or federal. To this day, some commenta- search, does the case against me tors continue to criticize the Mapp case on have to be dismissed?
A judge will exclude evidence that the go free because the constable has erred. But if a prosecutor has illegally seized evidence is necessary to enough other evidence to prove the defen- deter police from conducting illegal dant guilty, the case can continue.
Half of the missing janitorial products that McCallous is charged with Case Example: Officer Joe Friday notices possessing were discovered by the police at teenager Bunny Schwartz walking in a mall. The officer finds three pairs of earrings after they had properly arrested McCallous with the price tags still attached. A mall for possession of the other half. In response jewelry store owner identifies the earrings as to a defense motion to exclude evidence, the having been stolen minutes earlier, when judge rules that the police illegally seized the Bunny was the only customer in the store.
Question: How will this ruling affect the Question: How will these rulings affect the case against Bunny? Answer: The charges will have to be Answer: The prosecution can go forward, dropped.
If a police officer finds Answer: Yes. Once Flo denies ever owning a contraband or evidence of crime weapon, the prosecutor may use the illegally in the course of a search, does seized gun to attack the credibility of her that make the search valid even if testimony.
Do Fourth Amendment search is illegal to begin with, the products protections apply in every state? The Fourth Amendment provides are inadmissible in evidence. In addition, many state constitutions contain language similar to that in the Fourth 6.
Can illegally seized evidence be Amendment, and a state can validly interpret used in court for any purpose? Cases decided after Mapp have estab- greater protection—but not less—than the lished that the Fourth Amendment is not a Fourth Amendment requires.
For example, a judge may con- sider illegally seized evidence when decid- 8. If the police illegally seize ing on an appropriate sentence following evidence, can they use the conviction, and illegally seized evidence is illegally seized information to find admissible in civil cases and deportation other evidence to use against the cases.
Also, in some circumstances a defendant? The tree Case Example: Flo Kane is on trial for possessing illegal drugs.
Both tree and fruit are inadmis- admit the gun in evidence. While testifying, sible at trial. A the prosecutor show Flo the illegally seized judge ruled that Officer Wiley had illegally gun and ask her to admit that she owned it? Wiley located by using the map. Question: Are the phone cards admissible in evidence? As a self-represented defendant, Answer: No. Officer Wiley obtained the what are my chances of map through an illegal search. Very small, except if the search is obviously illegal.
The rules are not only complex, but also hard to find. The rules regulating the 9. Can I plead guilty but reserve the legitimacy of searches and seizures are not right to challenge a search and set out neatly in statutes or regulations. Moreover, in many states a evidence was illegally seized. This rule can special body of rules governs the procedures be a dilemma for defendants who unsuc- for challenging the legality of a search.
See Chapter 19, lenge to the admissibility of seized Section II. For these reasons, when the evidence, a guilty verdict may be an all outcome of a case turns on the legality of a but certain result at trial.
Some states do allow defendants to plead guilty and then challenge the seizure of evidence on appeal. Section II: Search Warrants lenge the validity of the warrant with a pre- trial motion.
See Chapter A sample This section describes search warrants and affidavit for search warrant and search war- explains when they are and are not neces- rant are in the back of this chapter. How much information do For probable cause. Its meaning remains fuzzy.
The information in the affidavit need not be in a form that would make it admissible Police officers obtain warrants by providing at trial. For example, a judge or magistrate a judge or magistrate with information that may consider hearsay that seems reliable.
Usually, the po- However, the circumstances set forth in an lice provide the information in the form of affidavit as a whole should demonstrate the written statements under oath, called affida- reliability of the information.
Illinois v. In general, when tions or those of private citizens or police deciding whether to issue a search warrant, undercover informants. In many areas, a a judicial officer will likely consider infor- judicial officer is available 24 hours a day to mation in an affidavit reliable if it comes issue warrants. The affidavit is to be correct after at least partial verifi- reliable enough to establish probable cause cation by the police for issuance of a warrant.
Question: Should the magistrate issue a search warrant? The affidavit is too vague, and does not identify the source of the informa- tion so that the magistrate can properly judge its reliability. Probable cause therefore does What if a police officer makes a not exist. The affidavit the first place? In Olive Martini. On three occasions in the past U. Leon , the U. I have search is valid and the evidence admissible personally tasted the drink and know it to be even if the warrant was in fact invalid alcoholic with an impertinent aftertaste.
I through no fault of the police. Officer Ebrate places the driver under arrest, should not, therefore, be grounds to searches the car and finds illegal drugs. It exclude evidence. Even if a review- in evidence against the driver? Arizona v. Evans, U. If, however, the warrant is issued on the basis of statements in the affidavit that the police If the police have a warrant to knew to be untrue or which were recklessly search my backyard for made without proper regard for their truth, marijuana plants, can they the evidence from a search based on the legally search the inside of my warrant may later be excluded upon the house as well?
The police can only search the place described in a warrant, and usually can only Case Example 1: Officer Furlong searches a seize whatever property the warrant de- residence for evidence of illegal bookmaking scribes.
The police cannot search a house if pursuant to a search warrant. The officer the warrant specifies the backyard, nor can obtained the warrant by submitting to a they search for weapons if the warrant magistrate an affidavit containing statements specifies marijuana plants.
However, this known by the officer to be false. Should conducted pursuant to a warrant? A person can demand to see items they hope to find. For example, perhaps a warrant, and unless the officer has one can a police officer suspects that a defendant refuse the officer entry.
No problem. The officer on their rights and demand to see a warrant. People are right to come across the weapon, but in fact searched ask to see a warrant. But if an officer an- for it. A person should stand aside, let the officer proceed and allow a court to decide At the same time, the person should they searched me as well. Is this make it clear that he or she does not consent legal? If the police are not in a No.
Normally, the police can only search the frenzied hurry, an individual might ask the person named in a warrant. For more weapons. See Section VI, below. If a defendant freely and voluntarily agrees to a search, the search is valid and whatever the officers find is admissible in evidence. When Caryn-Sue answers the door, the police officers before breaking into a following conversation takes place: residence.
States need not impose a knock Officer: Good afternoon. But, state laws may not authorize no- knock entries for a broad category of Caryn-Sue: Yes, it is. What can I do for you, searches, such as searches involving drugs. Richards v. Wisconsin, U. Arkansas, U. Do you mind if I come in and look around? Could you come back later? Caryn-Sue: We might as well get it over with if you can hurry. George is arrested and a further legally seized the blank videotapes.
Though search reveals that George had taped the officer had neither a warrant nor prob- cocaine in both thigh areas. Caryn-Sue agreed to let the officer search Answer: Yes, the search was valid since her house. The fact that the officer was George gave his consent. The Fourth politely insistent on entering the house does Amendment does not require that police not overcome the fact that Caryn-Sue officers advise individuals of their right not to consented to the entry before it was made.
Does a police officer have to warn me that I have a right to If a police officer tricks or refuse to consent to a search? No equivalent to Miranda warnings see search, does my consent make Chapter 1, Section II exists in the search and the search legal?
Police officers do not have to No. Ohio v. Robinette, U. Often, Case Example 1: Jaime Costello is sitting on a defendant challenges a search on the a park bench. Officer Abbot approaches ground that consent was not voluntary, only Costello and asks to look through his to have a police officer testify to a conflicting backpack. The search was valid, since Costello gave his consent. Look around all you want. Question: Has Caryn-Sue validly consented No. Merely opening the door to a police to the search?
Her consent is not voluntary. It search. Of course, having a warrant. See Section IV, below. Case Example 2: Undercover cop Jones, posing as an employee of the gas company, Casey bedroom? Jones enters and sees drugs and drug paraphernalia in the kitchen.
Technically yes. But if in the course of making their home valid under the Fourth Amendment? Also, once in a home, and saying he was a gas man would be fraud. Mike agrees. Officer Zack play cards. He seizes the drugs and arrests Casey. Fourth Amendment? Casey was not tricked or Answer: No. Searching the documents was coerced in any way to let Jones in. The limited search for marijuana plants, and Constitution does not prevent the conse- there were obviously no such plants in the quences of having what the courts call a desk or the words Officer Zack was reading.
In the course of the search, the officer finds a closet containing an illegal weapon, which the officer seizes. The weapon was readily seen me agrees to a search of the in a place where narcotics might be found.
Is a search valid if the reason I Perhaps. An adult in rightful possession of a consent to it was because I felt house or apartment usually has legal author- intimidated by the presence of ity to consent to a search of the entire the police officer?
But if there are two or more Yes. Many people are intimidated by police separate tenants in one dwelling, courts officers, and may even perceive a request to often rule that one tenant has no power to search as a command. However, so long as consent to a search of the areas exclusively an officer does not engage in threatening controlled by the other tenants for instance, behavior, judges will not set aside otherwise their separate bedrooms.
A tricky twist is that the consent will be considered valid if the police reasonably Extreme Case Example: The owner of a believe that the consenting person has the massage parlor agrees to allow police authority to consent even if it turns out they officers to search her business premises.
See the example below. She calls the employee, the officers had threatened to tear police and tells them about the cocaine. When they get foreign descent and unfamiliar with the there, she opens the door with a key she American criminal process.
She puts her purse on the entry hall table, opens the hall closet Question: Is her consent valid? She then leads the police to the place State v.
Kyong Cha Kim, P. As far as the Montana Despite the outcome of this police know, Jan lives in the apartment and case, it is possible that another judge in has full authority to consent to the search. Question: Even though Jan and the police work areas, such as desks and machinery. Although the police mistakenly thought that Jan had the authority to consent to the search, the mistake would be consid- The younger the child, the less authority he or she would have to consent to a search.
The California courts, for example, require a Section IV: Warrantless No. The landlord is not considered to be in possession of an apartment leased to a Searches and the Plain tenant, and therefore lacks authority to View Doctrine consent to a search of leased premises. The This section is about warrantless searches same is true for hotel operators. The general rule is no. Again, however, an exception such as consent or an emergency I agreed to talk to a police offi- may exist which would justify a warrantless cer in my house.
The officer saw hotel room search. If my employer consents to a Yes. Police officers do not need a warrant to police search of my workspace, seize contraband or evidence that is in plain are the results of the search view if the officer is where he or she has a admissible in evidence? An employer can validly consent in plain view does not violate the Fourth to a search of company premises.
The officer could therefore conduct expired license plate. When Officer an immediate search, without having to Mendoza approaches the driver, the officer obtain a search warrant first. The officer seizes the packet and arrests the driver.
If a police officer illegally enters Question: Was the seizure of the drugs a house and observes evidence legal? The drugs were in plain view. Though the officer had no probable cause to No.
A police officer can seize objects in search the car at the moment the officer pulled the car over, seeing the illegal drugs plain view only if the officer has a legal right on the front seat gave the officer a valid basis to be in the place from which the objects for seizing them.
Aided by binoculars, one packet still legal? As long as police officers are marijuana plants growing in a greenhouse in standing where they have a right to be, the backyard. The officers report what they objects that they see with the aid of a have seen, a search warrant is obtained and flashlight are in plain view. When the driver rolls down the window, Officer Tanaka Answer: Yes. The police officers had a right detects a strong odor of marijuana emanating to be in public airspace, and the occupant from inside the car.
The officer orders the had no reasonable expectation of privacy for driver out of the car and conducts a search. The outcome might be different if the police officer had spotted the plants from a space Question: Did the officer legally find the station by using advanced technology spying marijuana? The homeowner might reason- Answer: Yes. Smelling the marijuana gave ably expect that the backyard would not be Officer Tanaka probable cause to believe that subjected to that type of surveillance.
Dropsy cases are a familiar setting in which police officers are often accused of mislead- ing courts about how they got hold of illegal In dropsy cases, police officers find or in a shopping mall, can the drugs or other incriminating evidence arresting officer search my through searches that might not withstand dwelling or car?
To eliminate the Fourth No. To justify a search as incident to an Amendment problem, the officers testify that arrest, a spatial relationship must exist the defendants dropped the contraband on between the arrest and the search.
The the ground just before they were arrested. Over search a defendant and the area within a the years, an amazing number of defendants have developed dropsy problems! Chimel v. California, U. If an arrest takes place in a kitchen, Section V: Warrantless the arresting officer can probably search the kitchen, but not the rest of the house. If an Searches That Are Incident to arrest takes place outside a house, the Arrest arresting officer cannot search the house at This section deals with warrantless searches all.
To conduct a search broader in scope that are considered valid because they were than a defendant and the area within the made in the course of making a valid arrest. Can an officer legally search me Case Example: Officer Montoya arrests after arresting me? Sarah Adams for driving under the influence Yes. Police officers do not need a warrant to of illegal drugs. Inside, Officer Montoya finds an arrest, police officers have the right to a number of computers that turn out—after a protect themselves by searching for weapons check of their serial numbers—to have been and to protect the legal case against the stolen.
Officer Montoya seizes the computers suspect by searching for evidence that the as evidence and adds possession of stolen suspect might try to destroy. Assuming that property to the charges against Sarah. The officer should have that a dangerous accomplice might be obtained a search warrant before entering hiding inside a residence. Case Example: Police officers have warrants to arrest Fox and Mulder for armed bank robbery.
Officers Spock and Kirk stake out the When the police arrest suspects outside their house and arrest Fox coming up the drive- residences and have no basis for making a way. With Fox in custody, Spock goes into protective sweep, officers may try to expand the house to conduct a protective sweep.
Witnesses to jail. While accompanying the suspect later identify the gun as the one used in the inside the residence, officers can seize bank robbery. Thus, suspects may wisely refuse an the gun? Because 1 Fox and Mulder suspect enter the residence, and instead rely live together, 2 Fox was arrested outside the on their friends if they need clothes or pet house, and 3 they were suspected of care. However, Spock had no right to lift up the mattress, because nothing suggested that Mulder might be Police officers can make protec- tive sweeps following an arrest.
Maryland v. Buie, U. When making a protective sweep, police officers can walk If the police properly arrest me through a residence and make a cursory in my home, can they also search visual inspection of places where an accom- the home? For example, police They can to a certain extent. They may officers could look under beds and inside search the person arrested and the area closets.
If an officer searches me after a obtain a weapon. If the alleged crime is valid arrest and finds evidence particularly violent, or if the police have for an entirely different crime, is reason to believe other armed suspects may the evidence admissible?
An officer can seize whatever evidence protective sweep to search in any place such a proper search incident to an arrest turns accomplices may be hiding. Also, while they up. Do guests in a home have the same privacy rights as the Searches homeowner or tenant? This section describes when a police officer The answer depends on why the guests are may conduct a limited search of a person for there. Short of arresting me, is there the homeowner or tenant. However, if the any legal basis upon which a guests are there for a brief commercial police officer can stop and transaction or illegal purpose and are not search me?
Ohio, U. Minnesota v. Carter, U. This rule Is a search following an illegal applies whether you are on foot or in your arrest valid? If an officer lacks probable cause to than a hunch or a mere distrust; the officer make an arrest, the invalid arrest cannot must have reasonable grounds, based on all validate a search.
Any evidence found of the circumstances, to suspect that the during a search following an improper arrest person is involved in criminal activity. The is inadmissible in evidence. And for self-protection, the officer commonly change shifts. A and Nash talking normally on a street corner. Question: Was the gun validly seized?
Based on all of the circum- stances, Officer Ross had a reasonable Answer: No. Officer Crosby had no right to suspicion that Wade was engaged in illegal detain Stills and Nash in the first place. A behavior and had the right to detain him. Hensley, admissible as evidence.
Arvizu, U. Since the initial Sup. An officer hiding under the steps of an apartment conducting a full search can probe exten- building. As the officer approaches, Jill runs sively for any type of contraband or evi- away.
Officer Jacks captures Jill and pats her down for weapons. The officer removes a dence. Dickerson, U. Officer Jacks had reasonable grounds for suspecting that Jill was engaged in criminal activity. The officer had the right Case Example 1: Officer Mace pulls over a to detain and pat down Jill, and remove an driver who resembles a person wanted for object that might have been a weapon.
Officer Mace asks the driver to get out of the car, then frisks the driver. The officer reasonable basis that that particular person is removes the packet and arrests the driver for engaged in suspicious behavior.
Undoubt- possession of illegal drugs. The officer had reasonable enough circumstances to justify the deten- grounds for detaining the driver, but lacked tion.
Again, for their own personal safety, probable cause to arrest the driver and people who believe that they are unfair conduct a full search.
Therefore, all the targets of police harassment should put their officer could do was frisk the driver and claims before a judge rather than act belli- seize either a weapon or contraband in plain gerently on the street. Since the soft packet could not reason- ably have been mistaken for a weapon, and the officer had to manipulate the packet Case Example 2: Same case, except that Yes.
The officer had the driver, I felt a packet of little pebbles that felt like rock cocaine, so I seized it. The officer could tell from plain feel that the packet contained illegal drugs, so the seizure is valid.
Does the stop and frisk rule give police officers the right to Can the police search me or my regularly detain and hassle me, car simply because they stopped maybe because of my ethnicity? A stop that only results in a traffic ticket the type of neighborhood or time of day, an is not considered an arrest that, by itself, officer can detain a person only if the officer justifies a search. Knowles v. Iowa, U. See Section V for more on Can the police order drivers and searches incident to an arrest.
Case Example 1: Officer Colombo pulls a Yes. While a police officer cannot search a car over for making an illegal left turn. Inside car simply because the car was stopped for a the car are four teenagers. The officer has no traffic infraction, the police can order the reason to believe that criminal activity has driver and any passengers out of the car for taken place.
Nevertheless, believing that safety considerations, even though there is teenagers are especially susceptible to using no suspicion of criminal wrongdoing other drugs, Officer Colombo orders the driver and than the traffic infraction. The officer has no valid? Nevertheless, Officer Colombo Answer: No.
Under these facts, Officer orders the driver and passengers out of the Colombo had no probable cause prior to the car. As one of the passengers gets out of the search to believe that the car contained car, a packet of cocaine falls out of his shirt drugs or any other evidence of criminal pocket. Officer Colombo arrests that activity. Question: Is the arrest valid? Officer Colombo had the right ticket for speeding. Inside the trunk is an unlawful weapon. Under these facts the officer lacked probable cause to believe that Can the police pat down drivers contraband was in the trunk.
And the simple and passengers who have been issuance of a citation is not an arrest that ordered out of cars stopped for would convert the search of the trunk into a traffic violations?
The police can frisk the occu- pants of cars pulled over for traffic violations so long as they have a reasonable suspicion that an occupant is armed and dangerous or involved in criminal activity beyond the traffic violation.
See Section VI for more on when the police constitutionally may conduct a frisk. Case Example 1: Officer Colombo pulls a occupants. The officer could then seize the car over for making an illegal left turn. Inside drugs discovered during the frisk, and arrest the car are four teenagers.
The officer has no their owner. See Section VI for more on frisks. Nevertheless, Officer Colombo orders the Is it legal for the police to pull a driver and passengers out of the car, and frisks them. In the course of one of the frisks, car over for a traffic violation the officer feels what he believes to be a when the real purpose of the weapon in the jacket pocket of one of the stop is to find evidence of teenagers. Put simply, 'freedom involving speech' Most of us totally recognized. These aid can certainly make people more U.
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