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Understanding Search and Seizure: Legal Frameworks and Practices

This comprehensive overview explains the concepts of search and seizure as recognized by law. It details the definitions, various types of searches including search warrants, searches incidental to arrests, and consensual searches, each with specific guidelines. It elaborates on the requirements for obtaining search warrants, executing arrests, and the use of consent in searches. Additionally, it addresses vehicle searches under the Carroll Doctrine and outlines the principles governing the seizure of evidence. This guide is essential for understanding the legal boundaries of law enforcement actions.

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Understanding Search and Seizure: Legal Frameworks and Practices

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Presentation Transcript

  1. Search Concepts

  2. Search defined….. “The act of seeking out and discovering evidence and/or contraband in the possession of another in a hidden place.”

  3. Seizure defined….. “A taking possession of evidence and/or contraband from another against the person’s will.”

  4. Court Recognized Searches • Search warrants • Search incidental to an arrest • premises may be searched for additional suspects if officer has reasonable cause • Consensual searches • Exigent circumstances searches • No exploratory searches

  5. Search Warrants Order signed by magistrate commanding a peace officer to search a particular place for particular property.

  6. Search Warrants • Must establish probable cause for the search • Warrant must be executed and returned within 10 days from date of issuance • Bound by “knock and notice” requirements

  7. Search Incidental to an Arrest • For officer safety and to prevent destruction of evidence • Contemporaneous with an arrest • No search on citation releases

  8. Expressed Consent Given directly orally or in writing Positive, direct, unequivocal consent Implied Consent Manifested by signs, actions or inactions, facts, or silence which raise presumption that consent has been given Consent Searches Consent may be withdrawn at anytime

  9. Who May Give Consent? • Suspect • Authorized third person • Spouse • Roommate, live in partner • Co-tenant • Babysitter • House guest

  10. Vehicle Searches • Pursuant to a lawful search warrant • Consensual search • Incidental to an arrest • Seizure of the vehicle involved in crime • Probable cause to believe vehicle contains seizable property

  11. Carroll Doctrine • Mobility of the vehicle • Easily moved • Evidence could be lost if officer attempts to secure search warrant • Probable cause to believe vehicle contains items involved in a crime

  12. Extension to Searches • Flashlights • Binoculars • Dogs • Aerial surveillance • Hidden transmitters

  13. Seizure Concepts

  14. Seizure of Evidence From a Person • Contraband • Fingerprints • Handwriting and voice samples • Body fluids • Blood • Saliva and fingernail scrapings • Hair samples

  15. Seizure Guidelines • Arm’s reach rule • Prevention of swallowing evidence • Reasonable force • Clinched fists and choking • Emetic solutions • Drunk driving accidents • Obtaining fingerprints

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