NCJ Number
12710
Journal
Criminal Law Bulletin Volume: 10 Issue: 1 Dated: (JANUARY-FEBRUARY 1974) Pages: 15-62
Date Published
1974
Length
48 pages
Annotation
RULES OFFERED TO GUIDE POLICE OFFICER CONDUCT SO THAT LEGALITY MIGHT BE ASSURED, AND TO PROVIDE STANDARDS IN AREAS OF THE LAW THAT ARE UNCLEAR OR INCONSISTENT.
Abstract
THESE RULES ESTABLISH PROCEDURES FOR SEARCHES, SEIZURES, AND INVENTORIES OF MOTOR VEHICLES. BECAUSE SEIZURES AND INVENTORIES ARE TREATED DIFFERENTLY AS A MATTER OF ADMINISTRATION, THEY ARE MADE THE SUBJECT OF SEPARATE RULES. A SEARCH IS AN EXAMINATION OF A PERSON, PLACE, MOTOR VEHICLE, OR ANY OTHER THING WITH A VIEW TOWARD DISCOVERY OF EVIDENCE (CONTRABAND, WEAPONS, THINGS USED IN COMMITTING A CRIME, LOOT, AND OTHER EVIDENCE OF CRIME). A SEIZURE INVOLVES TAKING THE VEHICLE ITSELF INTO CUSTODY. AN INVENTORY IS AN EXAMINATION OF A MOTOR VEHICLE IN POLICE CUSTODY TO ACCOUNT FOR OBJECTS IN THE VEHICLE FOR WHICH THE POLICE ARE RESPONSIBLE. THE RULES ON SEARCHES ARE GROUPED IN TERMS OF COMMON SITUATIONS IN WHICH SEARCH OPPORTUNITIES ARISE - (1) WHERE EVIDENCE IS FOUND IN PLAIN VIEW OR OPEN VIEW, (2) WHERE AN ARREST IS MADE (EITHER NONCUSTODIAL, AS IN A MINOR TRAFFIC CASE, OR, MORE TYPICALLY, AS IN FULL CUSTODY ARREST, WHEN THE SUSPECT IS TAKEN TO A DETENTION FACILITY OR BEFORE A JUDICIAL OFFICER), (3) WHERE A SEARCH OF AN UNOCCUPIED VEHICLE IS DESIRED, AND (4) WHERE CONSENT FROM THE OWNER OR DRIVER IS SOUGHT. THE PROCEDURES CONTAINED IN THE RULES ATTEMPT TO MAXIMIZE POLICE EFFICIENCY IN CONTROLLING CRIME WHILE AT THE SAME TIME LIMITING INVASIONS OF PRIVACY. EACH RULE IS FOLLOWED BY COMMENTARY CITING COURT DECISIONS ON FEDERAL AND STATE LEVELS. (AUTHOR ABSTRACT)