Search and Seizure

1. Search and Seizure Jennifer Haley, Staff Attorney Indiana Prosecuting Attorneys Council

2. DO I NEED A SEARCH WARRANT? If in doubt – tell the police to get one!

3. Legal Provisions

4. 4th Amendment - 3 Questions

5. Does the 4th Amendment Apply?

6. What can you search for?I.C. 35-33-5-1(a)

7. What can you search for?I.C. 35-33-5-1(a)

8. Other things you can search for…

9. 4th Amendment - 3 Questions

10. Getting the Search Warrant

11. Indiana Code 35-33-5-2 I.C. 35-33-5-2 (a) Except as provided in section 8 of this chapter, no warrant for search or arrest shall be issued until there is filed with the judge an affidavit:

12. Indiana Code 35-33-5-2 (1) particularly describing: (A) the house or place to be searched and the things to be searched for; or (B) particularly describing the person to be arrested;

13. Indiana Code 35-33-5-2 (2) alleging substantially the offense in relation thereto and that the affiant believes and has good cause to believe that: (A) the things as are to be searched for are there concealed; or (B) the person to be arrested committed the offense; and

14. Contents of a Search Warrant

15. Requirements of a Search Warrant

16. Probable Cause Item searched for is probably in place to be searched

17. Source of Information for PC

18. Collective Knowledge OfLaw Enforcement Knowledge of other officers can be imputed to officer signing affidavit

19. I.C. 35-33-5-2(b) When based on hearsay, the affidavit must either: (1) contain reliable hearsay information establishing the credibility of the source of each of the declarants of the hearsay and establishing that there is a factual basis for the information furnished; or (2) contain information that establishes that the totality of the circumstances corroborates the hearsay

20. Totality of the Circumstances

22. Cooperative Citizens

23. Professional Informants & Anonymous Tipsters You must establish reliability!

24. Establishing Reliability

25. Track Record

26. Caution!

27. Examples: • Mother - Father - Sibling • Teacher - Social Worker - Babysitter • Delivery Person - Repair Man • Neighbor - Friend • Girlfriend - Boyfriend • EX-Girlfriend • Baby’s Mama

28. What If Your Facts Change?

29. IT MUST BE SET ASIDE Ifremaining content is insufficient to establish probable cause… If evidence that false statement was knowingly and intentionally OR with reckless disregard for the truth included in the affidavit . . .

30. Description of Location

31. Description of Property Sought

32. Description of Person Sought

33. Tied to the Location

34. Judge’s Signature

35. When Execute?

36. Be Careful You may not have 10 days to execute search warrant

37. Staleness

38. If your Warrant Goes Stale

39. Serving the Warrant Knock & Announce I.C. 35-33-5-7(d) A law enforcement officer may break open any outer or inner door or window in order to execute a search warrant, if the officer is not admitted following an announcement of the officer’s authority and purpose

40. Exception to Knock & Announce

41. Scope of the Search

42. Good Faith Exception

43. Arresting Suspect In Home

44. Arrest Warrant

45. Warrantless Searches

46. Warrantless Searches

47. Plain View

48. Enhancements

49. Open Fields

50. Plain Hearing