Thaman
Criminal Procedure
Spring 2013
Introduction and Overview
I. Definitions
A. Search: intrusion of one’s personal privacy
B. Seizure: intrusion of one’s possession of property
II. Prongs of the Fourth Amendment
A. Legitimate Searches and Seizures are the result of:
1. Reasonability (existence of probable cause)
a. Prongs
i. (Subjective) Investigative conduct must not offend the citizen’s subjective manifestation of privacy AND
ii. (Objective) Privacy interest must be reasonable or legitimate
b. Exceptions
i. Searches which DO NOT require probable cause (does not matter if the search offends the subjective manifestation of privacy)
Þ Search Incident to Arrest
Þ Protective Searches
Þ Administrative or Special Needs Searches
Þ Consent Searches
2. Warrant
a. Exceptions
i. Searches which need probable cause but DO NOT need a warrant
Þ Automobile Searches
Þ Searches under Exigent Circumstances
Fourth Amendment Analysis
I. Did the search not require probable cause or a warrant?
A. Search Incident to Arrest
1. Evolution of SI2A
a. Originally, “wing span” search based on exigent circumstances à danger to officer or destruction of evidence of crime for which arrested (Chimel)
b. Now, the search incident to arrest applies automatically, even if no danger or evidence of crime for which someone is arrested (Robinson)
2. Rules
a. In automobiles, “wing-span” always includes the passenger compartment (Belton)
b. Officer needs PC for body cavity search incident to arrest and some RS for strip search
c. In order to justify vehicular searches incident to arrest after vehicle’s recent occupants have been arrested and secured, law enforcement officers must demonstrate
i. Actual and continuing threat to their safety posed by arrestee OR
ii. Need to preserve evidence related to crime of arrest from tampering by arrestee (Gant)
d. Protective sweep incident to arrest of any place in home where a person could be hiding, if reasonable suspicion that a person poses danger (Buie)
B. Administrative Searches (Administrative à Inventory, Special Needs)
1. Administrative Search Rules
a. Administrative search is warranted based on established inspection policies
i. Officer need only decide (Camara)
Þ Whether an established inspection policy exists AND
Þ Whether inspection for which a warrant is sought fits in that program
b. Police are allowed to conduct inventory searches to:
i. Policy
Þ Protect owner’s property while in police custody
Þ Protect police against claims of lost or stolen property
Þ Protect police and public from potential danger
ii. Mobile Home Distinction
Þ Factors to Consider (Carney)
· Location
· Whether vehicle is licensed
· Whether it is connected to utilities
· Whether it has convenient access to public road
c. Special Needs Searches based on Individualized Suspicion
i. School children (TLO)
ii. Probationers (Knights)
iii. Border Searches
d. Mass Suspicion-less Searches Based on Special Needs
i. School drug testing (Veronica, Pottawatomie)
ii. Hazardous occupations (Skinner)
iii. Government workers (Von Raab)
iv. Searches of prisoners or those visiting prisons (Florence)
e. Mass Suspicion-less Detentions Based Either on Special Needs or Reasonableness Clause Balancing
i. Suspicion-less detentions based on “Special Need”
Þ Indianapolis v. Edmond
· Even though drunk driving is a crime, it is a crime that is inherently dangerous which created the primary purpose.
· If the primary purpose is to stop crime then stops may be only made on reasonable suspicion
· Turning off the highway is not reasonable suspicion, but making a U-turn when you see a road block might be
Þ Border Detentions and Searches
ii. Lessened Expectation of Privacy
Þ Parolee searches without suspicion (Samson)
Þ Office/workplace (O’Connor)
Þ Pages at the workplace (Quon)
iii. Reasonableness Clause Balancing
Þ Mass suspicion-less Detentions vs. Minor Nature of Intrusion
· DU
t is made outside the car, police may search compartment of car for evidence of crime for which person was arrested if reasonable suspicion it will be contained therein (Gant)
d. If there is reasonable suspicion that car contains weapon which occupant could use against the officer, police may search compartment in places which could contain a weapon (Ross)
B. Exigent Circumstances
1. Rules
a. If police are in hot pursuit of felon who enters a house (Hayden)
b. If probable cause that felony suspect is in house and could escape or use violence against officers (King)
c. If probable cause that evidence could be destroyed if police get a warrant (King)
i. Police may create such circumstances by knocking on the door (King)
d. If reasonable suspicion that person is in danger or a hazard to others is presented in the house (Stuart)
III. [If not an exception covered in I and II] Was there a reasonable expectation of privacy? (If there is a reasonable expectation of privacy, there must be probable cause + warrant to search.)
A. Factors
1. Nature of the object or activity observed
a. Was there criminal activity? à No legitimate privacy interest in illegal activity (Place)
2. Steps taken by citizen to enhance property
a. Did the citizen take affirmative steps or did s/he abandon it?
i. Individuals must take affirmative steps to protect their privacy interests (Bellina)
ii. Abandonment is inconsistent with retention (Cofield)
3. Nature of the place observed
a. Was the place real property?
i. Open Fields? à No legitimate expectation of privacy in an open field (Oliver)
ii. Closed Building? à Protected
iii. Curtilage?
