NCJ Number
61370
Date Published
1977
Length
0 pages
Annotation
THE FILM STRIP AND AUDIOCASSETTE SEGMENT FROM THE 'UNDER THE LAW' SERIES INDICATES THAT POLICE OFFICERS HAVE THE AUTHORITY TO STOP, SEARCH, AND DETAIN CITIZENS ON PROBABLE CAUSE WITHOUT A SEARCH WARRANT.
Abstract
EVIDENCE FOUND BY POLICE THROUGH THE CORRECT PROCEDURE FOR SEARCH AND SEIZURE CAN BE ADMISSIBLE IN COURT. BECAUSE OF THE RESPONSIBILITY OF THE POLICE FOR THE SECURITY OF PERSONS AND PROPERTY, POLICE OFFICERS MAY PURSUE AND STOP A CAR WHICH LEAVES THE SCENE OF A CRIME, ESPECIALLY IF THE CAR IS DRIVEN IN A RECKLESS MANNER AS IN THE FILM STRIP'S EXAMPLE. ALTHOUGH THE POLICE MAY SUSPECT THAT THE OCCUPANTS OF THE CAR HAVE COMMITTED THE CRIME, THE OFFICERS SHOULD ALSO INVESTIGATE THE OCCUPANTS' CLAIM THAT THEY WITNESSED SOMEONE ELSE COMMIT THE CRIME. ALTHOUGH THE PERPETRATORS OF THE BURGLARY ARE ARRESTED ELSEWHERE, THE OCCUPANTS OF THE CAR HAVE BEEN VALIDLY STOPPED, AND THEIR CAR VALIDLY SEARCHED FOR ANY CONTRABAND WHICH MAY BE IN THE PLAIN VIEW OF THE OFFICERS. MARIJUANA AND WEAPONS FOUND DURING SUCH A SEARCH MAY BE USED IN COURT BECAUSE THE OFFICERS CONDUCTED THE SEARCH AFTER THEY HAD PROBABLE CAUSE OR AN EDUCATED SUSPICION THAT THE SUSPECTS HAD COMMITTED A CRIME. THE U.S. CONSTITUTION PROTECTS CITIZENS ONLY AGAINST THE UNREASONABLE SEARCHES BY THE POLICE. WHENEVER FEASIBLE, OFFICERS MUST OBTAIN A COURT PERMIT OR SEARCH WARRANT PRIOR TO A FORMAL SEARCH FOR EVIDENCE. DISCUSSION TOPICS INCLUDE THE SITUATIONS WHERE OFFICERS MAY SEIZE EVIDENCE WITHOUT A WARRANT, THE DISPOSITION OF JUVENILE CASES, AND THE RIGHTS OF A SUSPECT DETAINED BY THE POLICE FOR INTERROGATION. (TWK)