SEARCHES WITH A WARRANT

1. SEARCHES WITH A WARRANT WARM UP: MAKE A LIST OF WHAT YOU THINK MUST BE INCLUDED IN A WARRANT IN ORDER TO BE A VALID WARRANT.

2. SEARCHES WITH A WARRANT • Search warrant is a court order • Judge is convinced there is bona fide need to search a person or place • Police officer must file an affidavit that provides the probable cause to believe that a search is justified • Warrant must specifically describe the person or place to be searched and particular things to be seized

3. Search must be conducted within a certain number of days specified in the warrant • Some states require it to be conducted only in daytime, unless expressly stated otherwise • Search warrant does not usually authorize a general search in the specified place • Can seize evidence related to the case and any other illegal items that are in their plain view when properly searching

4. 4th Amendment requires police to knock, announce their purpose and authority and request admission • May be able to enter forcibly if pass “knock and announce” test • Necessitated by reasonableness standard of 4th Amendment • “No-Knock” entries allowed by Supreme Court when circumstances present threat to officers or where evidence would likely be destroyed • “No-Knock” warrants not allowed in all felony drug dealing cases • Why?

5. SEARCHES WITHOUT A WARRANT • Most searches are warrantless • Searches that can be conducted without warrants: (EXCEPTIONS) • SEARCH INCIDENT TO LAWFUL ARREST: part of, or incident to, a lawful arrest; can search a lawfully arrested person and the area immediately around that person for hidden weapons or for evidence that might be destroyed • Grab area search; may also search person’s car, but not the trunk, if arrest occurs next to accused’s car • Can also do “protective sweep” through a person’s home in search of other potentially armed persons

6. SEARCHES WITHOUT A WARRANT • STOP AND FRISK: officer who reasonably thinks a person is behaving suspiciously and is likely to be harmed may stop and frisk the suspect for weapons • May also seize an illegal substance during a valid frisk if officer’s sense of touch makes it immediately clear that the object felt is an illegal one • “plain feel” exception • CONSENT: person voluntarily agrees; does not need probable cause or a warrant • One person may agree to allow police to conduct a search of another person’s property

7. SEARCHES WITHOUT WARRANT • PLAIN VIEW: if object connected with a crime is in plain view and can be seen from a place where an officer has a right to be • HOT PURSUIT: not required to get a warrant before entering a building they have seen the suspect enter • VEHICLE SEARCHES: if had probable cause to believe that a vehicle contains contraband, may search entire vehicle, including any containers in the vehicle that might contain it • EMERGENCY SITUATIONS: searching a building after telephoned bomb threat, entering house after smelling smoke or hearing screams; escape of subject, harm to police, destruction of evidence

8. SEARCHES WITHOUT WARRANT • BORDER AND AIRPORT SEARCHES: customs agents allowed to search without warrants or probable cause • Body searches or searches conducted away from the border are allowed only where reasonable suspicion of criminal activity; b/c of terrorist activities can search all carry-on luggage and all passengers by means of fixed and hand-held metal detectors