Search and Seizure - Revision history

Joearismendy at 11:21, 4 October 2012

2012-10-04T11:21:07Z

← Older revision		Revision as of 13:21, 4 October 2012
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			{{Languages\|Search and Seizure}}

	===Background===		===Background===

Ibjadmin: /* Uganda */

2010-12-09T10:17:09Z

Uganda

← Older revision		Revision as of 12:17, 9 December 2010
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	'''Search of person'''		'''Search of person'''

	* For the purposes of collecting criminal evidence and tracking down a criminal offender, the investigating personnel may search the (art. 109 CPL)		* For the purposes of collecting criminal evidence and tracking down a criminal offender, the investigating personnel may search the person�(art. 109 CPL)

	'''Search of home'''		'''Search of home'''
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	*6. Search of person arrested.		*6. Search of person arrested.
	**(1) Whenever a person is		**(1) Whenever a person is arrested
	***(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or		***(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
	***(b) without warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or is unable to furnish bail, the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom he or she makes over the person arrested, may search that person and place in safe custody all articles, other than necessary wearing apparel, found upon him or her.		***(b) without warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or is unable to furnish bail, the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom he or she makes over the person arrested, may search that person and place in safe custody all articles, other than necessary wearing apparel, found upon him or her.

Ibjadmin: /* Containers, Clothing, Handbags */

2010-07-17T17:00:03Z

Containers, Clothing, Handbags

← Older revision		Revision as of 19:00, 17 July 2010
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	===Containers, Clothing, Handbags===		===Containers, Clothing, Handbags===
	*United States v. Chadwick		*'''United States v. Chadwick''' - A search warrant is required before federal agents may open a locked foot locker which they have lawfully seized at the time of the arrest of its owners, where there is probable cause to believe the footlocker contains contraband.
	*California v. Acevedo		*'''California v. Acevedo''' - Police may search an automobile and containers within it where they have probable cause to believe contraband or evidence is contained.
	*United States v. Edwards		*'''United States v. Edwards''' - once a defendant is lawfully arrested and is in custody, the effects in his possession at the place of detention ay be subject to search at the time and place of his arrest may lawfully be searched and seized without a warrant even though a substantial period of time has elapsed between the arrest and subsequent administrative processing on the one hand and the taking of property for use as evidence on the other.
	*Illinois v. Lafayette		*'''Illinois v. Lafayette''' - It is reasonable and consistent with the Fourth Amendment for police to search the personal effects of a person under lawful arrest as part of the routine administrative procedure at a police station house incident to booking and jailing the suspect.

	===Consent===		===Consent===
	*'''Stoner v. California''' - Only the defendant himself may grant permission for an officer to search his hotel room.		*'''Stoner v. California''' - Only the defendant himself may grant permission for an officer to search his hotel room.

Ibjadmin: /* Knock and Announce */

2010-07-17T16:58:27Z

Knock and Announce

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	===Knock and Announce===		===Knock and Announce===
	*Wilson v. Arkansas		*'''Wilson v. Arkansas''' - Common law rule of knock and announce is an element of reasonableness under the Fourth Amendment.
	*Richards v. Wisconsin		*'''Richards v. Wisconsin''' - - There is no a blanket exception to the knock/announce rule for felony drug investigations. In order to justify a no knock entry, police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances would be dangerous or futile, or would inhibit the investigation of the crime, for example, by the destruction of evidence.
	*United States v. Banks		*'''United States v. Banks''' - Although a close call, where officers know evidence may be destroyed, 15-20 seconds is not an unreasonable time to wait after knocking to break down the door.

	===Vehicles, Drivers, Passengers===		===Vehicles, Drivers, Passengers===
	*'''Chambers v. Maroney''' - When there would have been a permissible search at the time of arrest based on probable cause the search is still permissible at a later date if the vehicle has been seized.		*'''Chambers v. Maroney''' - When there would have been a permissible search at the time of arrest based on probable cause the search is still permissible at a later date if the vehicle has been seized.

Ibjadmin: /* Arrest Warrant Requirement */

2010-07-17T16:57:30Z

Arrest Warrant Requirement

← Older revision		Revision as of 18:57, 17 July 2010
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	===Arrest Warrant Requirement===		===Arrest Warrant Requirement===
	*'''United States v. Watson''' - Officer may arrest person without a warrant when they have reasonable ground to believe that a felony has been committed and that the person before them committed it. Officer may make warrantless arrest for the misdemeanor committed in her presence. A crime is committed in the officer's presence if she is aware of it through her senses. The arrest can be made even if incarceration is not part of the crime.		*'''United States v. Watson''' - Officer may arrest person without a warrant when they have reasonable ground to believe that a felony has been committed and that the person before them committed it. Officer may make warrantless arrest for the misdemeanor committed in her presence. A crime is committed in the officer's presence if she is aware of it through her senses. The arrest can be made even if incarceration is not part of the crime.
	*'''Payton v. New York''' -		*'''Payton v. New York''' - Absent exigent circumstances police officers may never enter a home to arrest for a dangerous felony unless they have first obtained a warrant.
	*'''Atwater v. City of Lago Vista''' -		*'''Atwater v. City of Lago Vista''' - Fourth Amendment does not forbid peace officers for arresting without a warrant for misdemeanors not amounting to or involving breach of the peace.
	*'''California v. Hodari D.''' -		*'''California v. Hodari D.''' - 1) physical force or 2) the submission of an individual to a showing of authority is required for a personal seizure to take place under the Fourth Amendment. Thus, an individual is not "seized" under the Fourth Amendment when being chased by an officer during flight.
	*'''Illinois v. McArthur''' -		*'''Illinois v. McArthur''' - If Police have probable cause that defendant's home contains evidence of crime or contraband, police may detain defendant temporarily while they obtain a search warrant.

	===Knock and Announce===		===Knock and Announce===

Ibjadmin: /* Arrest Warrant Requirement */

2010-07-17T16:55:49Z

Arrest Warrant Requirement

← Older revision		Revision as of 18:55, 17 July 2010
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	===Arrest Warrant Requirement===		===Arrest Warrant Requirement===
	*United States v. Watson		*'''United States v. Watson''' - Officer may arrest person without a warrant when they have reasonable ground to believe that a felony has been committed and that the person before them committed it. Officer may make warrantless arrest for the misdemeanor committed in her presence. A crime is committed in the officer's presence if she is aware of it through her senses. The arrest can be made even if incarceration is not part of the crime.
	*Payton v. New York		*'''Payton v. New York''' -
	*Atwater v. City of Lago Vista		*'''Atwater v. City of Lago Vista''' -
	*California v. Hodari D.		*'''California v. Hodari D.''' -
	*Illinois v. McArthur		*'''Illinois v. McArthur''' -

	===Knock and Announce===		===Knock and Announce===
	*Wilson v. Arkansas		*Wilson v. Arkansas

Ibjadmin: /* Constitutional Basis */

2010-07-17T16:54:13Z

Constitutional Basis

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	This small, yet mighty amendment has been interpreted by courts in many ways. Following a are a few of the key cases in which the U.S. Supreme Court outlined a defendant's Fourth Amendment rights.		This small, yet mighty amendment has been interpreted by courts in many ways. Following a are a few of the key cases in which the U.S. Supreme Court outlined a defendant's Fourth Amendment rights.

	*Draper v. United States		*'''Draper v. United States''' - Search and seizure of a person, based on hearsay statements provided by a paid informant who had proved reliable in the past, was based on probable cause and therefore constitutional under the Fourth Amendment.
	*Illinois v. Gates		*'''Illinois v. Gates''' - Probable cause should be based on the totality of the circumstances.
	*Ornelas v. United States		*'''Ornelas v. United States''' - Detectives can draw inferences based on experience in order to have probable cause. An appeals court should give due weight to finding that

	===Scope of Permissible Search===		===Scope of Permissible Search===
	*'''Chimel v. California''' - Absent exigent circumstances and probable cause, Police may not search home when they are arresting defendant pursuant to an arrest warrant. However, a 'Chimel Search' is permitted on arrestee's person and the immediate area from which he can either destroy evidence or gain access to a weapon.("Grabable Space")		*'''Chimel v. California''' - Absent exigent circumstances and probable cause, Police may not search home when they are arresting defendant pursuant to an arrest warrant. However, a 'Chimel Search' is permitted on arrestee's person and the immediate area from which he can either destroy evidence or gain access to a weapon.("Grabable Space")

Ibjadmin: /* Scope of Permissible Search */

2010-07-17T16:51:28Z

Scope of Permissible Search

← Older revision		Revision as of 18:51, 17 July 2010
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	*Ornelas v. United States		*Ornelas v. United States
	===Scope of Permissible Search===		===Scope of Permissible Search===
	*Chimel v. California		*'''Chimel v. California''' - Absent exigent circumstances and probable cause, Police may not search home when they are arresting defendant pursuant to an arrest warrant. However, a 'Chimel Search' is permitted on arrestee's person and the immediate area from which he can either destroy evidence or gain access to a weapon.("Grabable Space")
	*Maryland v. Buie
	===Application Outside U.S.===		===Application Outside U.S.===
	*'''United States v. Verdugo-Orquidez''' - Fourth Amendment protection against search and seizure only applies to the people and not to the foreign borns.		*'''United States v. Verdugo-Orquidez''' - Fourth Amendment protection against search and seizure only applies to the people and not to the foreign borns.

Ibjadmin: /* Application Outside U.S. */

2010-07-17T16:49:34Z

Application Outside U.S.

← Older revision		Revision as of 18:49, 17 July 2010
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	*Maryland v. Buie		*Maryland v. Buie
	===Application Outside U.S.===		===Application Outside U.S.===
	*United States v. Verdugo-Orquidez		*'''United States v. Verdugo-Orquidez''' - Fourth Amendment protection against search and seizure only applies to the people and not to the foreign borns.

	===Arrest Warrant Requirement===		===Arrest Warrant Requirement===
	*United States v. Watson		*United States v. Watson

Ibjadmin: /* Vehicles, Drivers, Passengers */

2010-07-17T16:48:52Z

Vehicles, Drivers, Passengers

← Older revision		Revision as of 18:48, 17 July 2010
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	*United States v. Banks		*United States v. Banks
	===Vehicles, Drivers, Passengers===		===Vehicles, Drivers, Passengers===
	*Chambers v. Maroney		*'''Chambers v. Maroney''' - When there would have been a permissible search at the time of arrest based on probable cause the search is still permissible at a later date if the vehicle has been seized.
	*South Dakota v. ~~opperman~~		*'''South Dakota v. Opperman''' - Fruits of routine inventory of automobile legally impounded by police are not unreasonable under the Fourth Amendment.
	*Florida v. White		*'''Florida v. White''' - Fourth Amendment does not require the police to obtain a warrant before seizing an automobile from a public place when they have probable cause to believe that it is forfeitable contraband.
	*Whren v. United States		*'''Whren v. United States''' - Officer's motive in making a seizure cannot invalidate objectively reasonable behavior under the Fourth Amendment.
	*Maryland v. Wilson		*Maryland v. Wilson - Rule which permits officer as a matter of course to order driver of a lawfully stopped car to exit his vehicle, extends to passengers as well.
	*Wyoming v. Houghton		*'''Wyoming v. Houghton''' - Police officers with probable cause to conduct warrantless search of car for contraband held not to violate fourth amendment by searching passenger's personal belongings in car that are capable of concealing contraband.
	*Knowles v. Iowa		*'''Knowles v. Iowa''' - The officer may not conduct a full search of the car for speeding violation which they are going to ticket instead of arrest
	*Ohio v. Robinette		*Ohio v. Robinette
	* '''New York v. Belton''' - Police may search passenger compartment and any containers held therein during a search incident to arrest.		* '''New York v. Belton''' - Police may search passenger compartment and any containers held therein during a search incident to arrest.
	*Thornton v. United States		*'''Thornton v. United States''' - So long as the arrest was the sort of "recent occupant" of a vehicle such as the arrestee in the instant case, officers could search the vehicle incident to the arrest.

	===Containers, Clothing, Handbags===		===Containers, Clothing, Handbags===