General Searches

1. General Searches Determine when an officer can and cannot search and seize according to the fourth amendment

2. Search and Seizure • Examination of persons or places for the discovery of property stolen or otherwise unlawfully obtained or held. Evidence of the commission of crime. • 4th Amendment- right to be secure in person, house, papers, and effects against unreasonable searches and seizures

3. Abandoned Property • Highly incriminating evidence may often be found in a wastebasket, trash receptacles, garbage barrels, this is known as Abandoned Property • Abel v. United States • California v. Greenwood • 4th amendment does not allow warrantless searches, but does not stop warrantless searching through exposed garbage to the public

4. Administrative Searches for Government Buildings • Warrantless searches or inspections as part of an administrative function • Administering a search on someone visiting someone in prison • In case of weapons

5. Body Cavity Search • Is an intrusive search. • Includes a degree of probing and touching the Anus and/or Vagina • Try to find Contraband- usually additional evidence of an illegal act • Warrant is needed. Authorized by a judge not an officer. • Must be conducted in a medical facility by a physician • Limit Humiliation • Rodriques v. Furtado

6. Strip Searches • Inspection of a naked person without scrutiny of his or her body cavities • Probable cause to believe that a weapon, or item of evidentiary value, and or contraband • Usually done by supervising officer or commanding officer • Done by same sex and in a private room • Can not check cavities but can search more if signs show weapons just outside of the anus • Officer can separate the prisoners’ buttocks

7. Consent Searches • Individual gives his or her consent for the police to conduct a search of his or her property • Voluntary Surrendering- will be analyzed by the court system (Nothing to hide) • For consent- 2 conditions • Owner, possessor, control of property, must consent, • Must be freely and voluntarily done • Person can end search anytime they want, unless evidence is found • Plain View- seeing contraband or something out of the ordinary • Searches are limited to the size of the contraband • If something thing is found inadvertently then they can be charged

8. Search Incident to an Arrest • If the person is arrested they can do a warrantless search. • Search has to do with arrest • Find weapon • Stop someone from destroying evidence • Immediate Surrounding Area- area from arrestee were evidence can be found, or destroyed • Check the entire property if it is necessary- Commonwealth v. Flowers • South Dakota v. Opperman- arrest unlawful so is the search • No evidence permitted

9. Stop-and-Frisk or Searches • External Pat-down • Based on person, place, time, and location • Officer can Frisk if: • Contraband/ Weapon • Bulky clothing can be searched underneath • No pretext to search for evidence • Must • Prevent themselves as a Police Officer • Announce purpose for Frisk • Edge of a hand or the back of the palm