NCJ Number
84283
Date Published
1981
Length
28 pages
Annotation
This discussion of search and seizure highlights important relevant court decisions, rules of criminal procedure, and their bearing upon law enforcement conduct.
Abstract
The Constitution's fourth amendment protects citizens from unreasonable searches, but states that warrants can be issued upon probable cause supported by oath or affirmation describing the place to be searched and the persons or things to be seized. The Supreme Court in Franks v. Delaware held that under certain circumstances a defendant may challenge the truthfulness of statements made in affidavits to a search warrant, and if successful, the evidence obtained from the search would be suppressed. In implementing search warrants, officers must conform to the extent of the search intended by the warrant. An exception to the search warrant requirement is when a lawful arrest has been made; in which case, the officer may legally search the arrestee and the area within arm's reach of the arrestee. The warrantless search of premises can also be justified under the exceptional or exigent circumstances rule of the search warrant requirement. The courts appear to limit warrantless searches of motor vehicles to an area within arms' length of the defendant. Neither do officers need a warrant to enter a premises a suspect has entered while officers are in 'hot pursuit.' The 'plain-view' doctrine of search relies on the presumption that the officer has a right to be in a place where evidence or contraband is seen in an area open to plain viewing and can secure such evidence without a warrant. Other circumstances bearing upon search and seizure are an individual's consent to search a premises, an anticipatory search warrant, a search by a private individual or store security personnel, and pen register (installation to determine telephone numbers being called) and beeper (used to follow mobile objects) warrants. A checklist for a search warrant is provided.