CRMJ 254 Lecture Notes - Lecture 9: Extreme Measures, Reasonable Suspicion, Midazolam
27 Apr 2018
School
Department
Course
Professor
Week 9
➢ What is a SEARCH?
o Governmental invasion of privacy with the intent to obtain
incriminating evidence
o A lawful search requires one of the following:
- A search warrant has been issued
- No warrant has been issued, but:
▪ Plan view doctrine applies
▪ Consent to search was given
▪ Exigent circumstances exist
▪ There is diminished expectation of privacy
Search Warrants issued on the basis of PROBABLE CAUSE
• More than suspicion and definitely more than a hunch!
• Requires facts that would lead a person of reasonable caution to
BELIEVE (not merely suspect) that a crime has been committed
or that premises contain evidence of a crime
• May be based on:
o Officer observation
o Officer expertise
o Information communicated to officers
• Arrests must be based on probable cause as well!
Plain View Doctrine
• Fruits or instruments of crime that are in plain view of law enforcement
may be seized without a warrant, as long as…
o Officer is in a location he/she is legally permitted to be
o Officer didn’t take extreme measures to get view
o Officer can’t move objects to get better view
o Officers discovery of item was “accidental”
• Incudes items in “plain feel”, “plain smell”, and “plain hearing” also!
Consent searches
• Requires VOLUNTARY and INTELLIGENT consent
• Who may legally provide consent?
o Suspect being investigated (“object/target of the search”)
o Third party, but ONLY if:
▪ Third party has mutual use and joint access to, and control
over, the property or premises
▪ Object/target of the search assumes risk that third party
might permit search
What third parties are allowed to give consent?
• A roommate…?
o It depends on the areas to be searched!
▪ May grant consent to any “common areas” of a residence
that is shared with the individual who is the target of the
search
▪ But any area where the target of the search has a reasonable
expectation of privacy (i.e., bedroom not shared with a
roommate) – NO!
• A landlord…?
o Cannot grant third-party consent to search the residence of a rent-
paying tenant
▪ Assumes “ownership” over the residence while paying rent
and has an expectation of privacy
• A next-door neighbor…?
o Mutual use and joint access to property?
o Does object of the search assume risk that neighbor could permit
a search?
Exigent (emergency) Circumstances
• EMERGENCY situtations!!!!
• Certain situations call for IMMEDIATE action and do not allow time
to obtain search warrant
o Ongoing physical event involving possible danger to third party
o Imminent possibility of evidence disappearing before warrant can
be obtained
Document Summary
What is a search: governmental invasion of privacy with the intent to obtain incriminating evidence, a lawful search requires one of the following: No warrant has been issued, but: plan view doctrine applies, consent to search was given, exigent circumstances exist, there is diminished expectation of privacy. Search warrants issued on the basis of probable cause: more than suspicion and definitely more than a hunch, requires facts that would lead a person of reasonable caution to. Supreme court permits this only for the officers" safety: if officer has a reasonable suspicion that vehicle"s occupants might possess weapons that could be used against him/her during vehicle stop: Driver and passengers may be asked to exit the vehicle, and. Officer may conduct a protective sweep of passenger compartment to look/feel for weapons: goal isn"t to find evidence of illegal activity only officer"s self-protection.
