Select Page

Criminal Procedure: Investigation
University of Iowa School of Law
Tomkovicz, James Joseph "Jim"

Criminal Procedure
James Tomkovicz – Fall 2010

1. Search Incident to Arrest
a. Showing: Lawful arrest
b. Justifications: Need to act quickly
i. Weapons- Safety and frustrate arrest
ii. Evidence- Destruction and concealment
c. Scope: Person and area within his immediate control (Immediate closets or adjoining rooms don’t need Reasonable Suspicion.
i. Protective Sweep- In a home in which suspect is being or has been arrested and there is Reasonable Suspicion of third party may attack – only a Cursory Inspection.
2. Search to Monitor Arrestee
a. Showing: Lawful arrest and Suspect requested to enter the private area.
b. Justification: Safety of officers
c. Scope: Authority to stay with and monitor the arrestee, no searching beyond Plain View
3. Search for Arrestee in Home
a. Showing: Arrest Warrant and Probable Cause that suspect is home
b. Justification: ½ exception to the warrant requirement
c. Scope: Suspect’s own home. Search Warrant required for third party’s home
4. Exigent Circumstance
a. Showing: Hot Pursuit
i. Immediate and Continuous pursuit
ii. Fear that sufficient harm will occur
iii. Probable Cause
b. Justification: Suspect is alerted of officer presence and less likely for officers to make a mistake
i. Escape
ii. Discarding of Evidence
iii. Harming Public
c. Scope: A broad as necessary to prevent harm
5. Vehicle Exception:
a. Showing:
i. Probable Cause to Search
ii. Vehicle that is:
1. Readily mobile
2. In use for transportation (not necessarily at the moment)
3. Been stopped while in motion of found on public property or property of third person
b. Justification: Choice between a search or seizure
i. Mobility exigency- need to act
ii. Diminished privacy interest by regulations
c. Scope: Whenever there is Probable Cause to search, anytime after seizure as long as delay is not infinite
i. Anywhere in vehicle that there is Probable Cause
ii. Any containers found within the car (but not the passenger)
6. Inventory Search (Vehicles and Arrestees)
a. Showing:
i. Vehicles- Lawful impound, standard procedures
ii. Arrestee- Lawful arrest, standard procedures, will be incarcerated
b. Justification:
i. Vehicles- Protect owner’s property, protect police from liability, safety
ii. Arrestee- Safety, liability, protecting property
c. Scope:
i. Vehicles- Wherever standard procedures say and within 4th limit. All compartments – locked and in trunk
ii. Arrestee- Person, personal affects
7. Consent Searches:
a. Showing: Con

i. Stop-
1. Movement of suspect- not to station, can detain on street for fingerprints
2. Time of stop- temporary and no longer than necessary, diligent pursuit of investigation
3. Identification of suspect
4. Remove drivers and passengers for safety
5. Luggage or inanimate objects- for narcotics, Reasonable Suspicion of contraband
ii. Frisk-
1. Pat-down for safety- weapons only, not contraband
2. Contraband requires Fair Probability
11. Protective Sweep:
a. Showing: Reasonable Suspicion area is harboring dangerous third person after arresting suspect with search warrant in home
b. Justification: Safety
c. Scope:
i. Place- Cursory inspection where person may be found
ii. Time- No longer than necessary to dispel danger or arrest and depart
12. Deadly Force Seizure:
a. Showing: Probable Cause of threat of serious physical harm
i. Not just Probable Cause of criminal activity- must have likelihood of serious physical harm
b. Justification: Safety
c. Scope: Only if and when necessary