1 / 44

CRIMINAL PROCEDURE

CRIMINAL PROCEDURE. CLASS FOUR. Today’s Topics. Search Incident to Arrest Pretext Arrest Plain View and Plain Touch Automobile Searches Exigent Circumstances Special Needs Searches Administrative Searches. SEARCH INCIDENT TO ARREST. Search Incident to Arrest.

sawyer-simon
Download Presentation

CRIMINAL PROCEDURE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CRIMINAL PROCEDURE CLASS FOUR

  2. Today’s Topics • Search Incident to Arrest • Pretext Arrest • Plain View and Plain Touch • Automobile Searches • Exigent Circumstances • Special Needs Searches • Administrative Searches

  3. SEARCH INCIDENT TO ARREST

  4. Search Incident to Arrest • Major exception to warrant requirement • Accepted practice when Bill of Rights adopted

  5. Scope of Search • Suspect’s “grab” area • Reasonable to search for both • Weapons • Evidence [contrast Terry]

  6. Post-Arrest Movement • What impact on search incident to arrest when arrestee is allowed to move around to different areas?

  7. Contrast with Protective Sweep • Conduct: quick and limited search of premises • Purpose: looking for individual posing danger to officer or others • Not automatic right • Requires reasonable suspicion (Terry) • Spatial limitations

  8. Search of Person • Rule: With lawful custodial arrest, full search of person justified under 4th Amd • Rationales: • Need to disarm person to take into custody • Need to preserve evidence • Is search limited by type of crime for which person arrested?

  9. Search of Person • Assume custodial arrest based on probable cause, what other justification is needed? • What if officer has discretion to make full custody arrest to just issue a summons or citation?

  10. Impact on Automobiles • Bright Line Rule: Contemporaneous to arrest of occupant, police may search passenger compartment • Includes all containers found -- open or closed • What is a container?

  11. Search Incident to Citation? • Search incident to citation is NOT the same as search incident to arrest

  12. PRETEXT STOPS & ARRESTS

  13. Concerns • Fear: Police might take advantage of relatively minor offense to forage for evidence of greater crimes • Fear exacerbated if initial stop or arrest was motivated by impermissible reason, such as race

  14. Exercise • Identify 3 key arguments on each side of debate

  15. Supreme Court’s Response • Fact that officers had probable cause to believe D had violated traffic code renders stop reasonable under 4th Amd • Only in very few areas has Court allowed officer motive to invalidate objectively justifiable behavior under 4th Amd • If race-based selection, proper remedy is equal protection challenge

  16. Executive Branch Responses • National • State • Local

  17. Plain View/Plain Touch

  18. General Rule • Object of incriminating nature can be seized without warrant if in “plain view” of officer lawfully present at the scene

  19. Relationship to Warrant Clause • Not an exception to warrant requirement • Independent justification for seizure of goods taken

  20. Caution • Plain view applies to warrantless seizure • It does not authorize warrantless search for an item

  21. Requirements • Officer within scope of lawful authority • Probable cause that object is evidence of crime [or contraband] • Probable cause immediately apparent [further search not necessary]

  22. Expansion to Other Senses • Plain hearing • Plain smell • Plain touch [plain feel]

  23. Car Searches

  24. Areas of Concern • Should there be an “automobile” exception to the warrant requirement? • If so, what is its basis --- car’s inherent mobility, or reduced expectation of privacy? • What about property that can be moved in and out of cars?

  25. Object placed in car [probable cause precedes] Chadwick [officers wait until footlocker is taken from train and put in car] Saunders [officers wait until suitcase placed in taxi] Object found during search of car Ross [informant tells officers D dealing drugs from trunk; police stop car] Historical Conflict

  26. Contemporary Test • Acevedo • Police may search an automobile and containers within it where they have probable cause to believe contraband or evidence is contained in car • One rule governs all automobile searches

  27. Distinguish Search Incident to Arrest • Search incident to arrest needs no other justification • Search incident to arrest is limited to passenger compartment

  28. Distinguish Search Incident to Arrest • “Automobile exception” is exception to general warrant requirement • Probable cause required to justify search under automobile exception

  29. Application to Passengers • Acevedo and precursor cases involved warrantless searches of containers clearly owner by car’s driver • Issue: Does automobile exception apply to search of passenger possessions in the car?

  30. Government Effective law enforcement Ready mobility Passenger often engaged in common enterprise with driver Individual Reduced expectation of privacy Traveling thorough public thoroughfares Seldom serve as repository for personal effects Subject to stops (pervasive gov’t control) Balancing Interests

  31. Holding • Officers with probable cause to search a car may inspect passenger belongings found in the car that are capable to concealing the object of the search

  32. Exercise • Is the Supreme Court correct in its conclusions about expectations of privacy in cars? Are cars frequently a repository for personal effects?

  33. EXGIENT CIRCUMSTANCES

  34. Concept • Exception to warrant requirement • Theory: Impractical for officer to get warrant • Implication: Immediate action required

  35. Examples • Hot Pursuit • Safety • Evidence Destruction

  36. Application Questions • Is type of crime a significant factor? • Can doctrine be applied to permit seizing premises while warrant being obtained? • Can doctrine be applied to permit restricted access to premise while warrant being obtained?

  37. SPECIAL NEEDS SEARCHES

  38. Concepts • Analyzed under “reasonableness clause” of 4th Amd • Searches made for purposes distinct from traditional law enforcement

  39. Purposes Distinct from Traditional Law Enforcement • Might include: • Enforcing school policy • Upholding public safety • Promoting administrative efficiency • Contrast traditional law enforcement needs: • Detect crime • Prosecute offenders

  40. Balancing Test • If challenged conduct is supported by special needs beyond criminal law enforcement, then Court uses balancing test • Need for search vs. • Degree of invasion on personal rights

  41. Potential Hallmarks • Search or seizure conducted for reasons either unrelated or only indirectly related to investigation of prosecution of crime • Those conducting often are not police officers [although they can be] • Those subject to conduct often are not criminal suspects

  42. ADMINISTRATIVE SEARCHES • Safety Inspection of Homes • Safety Inspection of Business • Warrantless entry into probationer’s home

  43. Types of Justification • Administrative probable cause • Area-wide warrant • Statute/regulation offering warrant equivalent

  44. Heavily Regulated Business • Examples: liquor, pawnshops, weapons dealers, mines • 3 criteria to support warrantless inspection • Substantial gov’t interest that informs regulatory scheme • Warrantless inspection necessary to further • Inspection program must provide constitutionally adequate substitute for warrant [certainty and regularity of application]

More Related