NCJ Number
132435
Journal
Prosecutor Volume: 25 Issue: 1 Dated: (Summer 1991) Pages: 15-19
Date Published
1991
Length
5 pages
Annotation
Three threats -- danger to life, danger of escape, and destruction or removal of evidence -- provide justification for emergency warrantless search or seizure of personal property.
Abstract
The fourth amendment to the U.S. Constitution provides: "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated" "Effects" includes packages, suitcases, handbags, vehicles, and other personal items. A package thought to contain a bomb may be seized without warrant as it poses an immediate danger to life. A package thought to contain a large quantity of cocaine may also be seized. Defendants in these cases may claim that their constitutional rights have been violated; it is the government's burden to establish the legality of the search. Officers considering emergency action must be clearly aware of the type of threat presented. Action permissible to prevent the destruction or removal of evidence is substantially less than that allowed to protect life. 39 footnotes