Search And Seizure Mid Term

Front 1

the bill of rights

Back 1

*4th amendment: Search and Seizure

*5th Amendment: Self Incrimination, Double Jeopardy

*6th Amendment: Representation, Trial Rights

*8th Amendment: Cruel and Unusual Punishment

*14th Amendment: Due Process

Front 2

The 4th Amendment (1791)

Back 2

The right of the people to secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Front 3

The 8th Amendment (1791)

Back 3

Excessive bail shall not be required, nor xcessive fines imposed, nor cruel and unusual punishments inflicted.

Front 4

The 14th Amendment (1868)

Back 4

All persons born or naturalized in the United States, and subjected to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. no State shall make or enforce any law which shall abridge the privileges or immunities or citizens of the united states; nor shall any state deprive any person of life; nor deny to ay person within its jurisdiction the equal protection of the laws.l

Front 5

Washington State Constitution Article, Section 7 (1889)

Back 5

*INVASION OF PRIVATE AFFAIRS OR HOM PROHIBITED. No person shall be disturbed in his privates affairs, on his home invaded, without authority of law.

*Law enforcement officers are sworn to uphold the constitution of the United States and of Washington.

Front 6

Incorporation Controversy

Back 6

*No state shall "deprive any person of life, liberty, or property, without due process of law." 14th Amendment

*Significance of the Debate

*State and Local importance

*Federalism

*Separation of Powers

Front 7

Views on Incorporation

Back 7

*Total: Entire Bill of Rights enforceable against the states and no more.

*Selective: Only those Provisions of the Bill of Rights " fundamental to the American scheme of justice" (Modern View)

*Total Plus: All of the provisions of the Bill of Rights, plus certain other fundamental rights

*Case by Case: "Dose the state's action sock the conscience?" or "Is the state's action inconsistent with our concept of ordered liberty"?

Front 8

Incorporated or Not Incorporated?

Back 8

*4th Amendment: Fully incorporated

*5th Amendment: Incorporated except for clause guaranteeing criminal prosecution only a grand jury indictment.

*6th Amendment: Fully incorporated

*8th Amendment: Fully incorporated

Front 9

Definitions (search)

Back 9

*4th Amendment: A search occurs when the state intrudes upon an area where a person has a legitimate reasonable expectation of privacy.

*WA Cont.: An unreasonable intrusion into person's "private affairs."

Front 10

Definitions (count.)

(seizure)

Back 10

*Property: Some meaningful interference with an individual's possessory interest in property.

*Person: A reasonable person would not feel free to disregard the officer and about her or his business.

Front 11

the courts in Washington

Back 11

Limited jurisdiction courts

General jurisdiction courts

Appeals courts

Supreme Court

Stare decisis ( i.e. precendent)

Front 12

the criminal process

Back 12

The report
The investigation
Arrest / search warrant
The arrest
Booking
Preliminary hearing
Charging (the information)
Arraignment
Discovery
plea bargaining
Trial
Sentencing

Front 13

The 4th Amendment

Back 13

The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated

Types of instrusion
Social contact
Terry Detentions
Arrests

Front 14

Social Contacts

Back 14

Not every counter between a citizen in a police rises to the stature of a seizure

An encounter between US citizen and the police is consensual or permissive if a reasonable person under the totality other circumstances would feel free to walk away.

A police officer does not see the person ice cream please striking up a conversation or asking questions.

Front 15

permissive vs. Coercive

Back 15

Gentlemen, I'd like to speak with you, would you come to my car?

vs

wait right here

Front 16

Factors to Consider

Back 16

*The number of officers

*Whether weapons were displayed

*Whether the encounter occurred in a public or on-public setting

*whether the officer's tone or manner was authoritative, so as to imply that compliance would be compelled

Front 17

Community Caretaking

Back 17

*Non-Crime related duties

*Citizen-Initiated Contacts

*Flagging an Officer down

*Officer- Initiated Contacts

* Statutory Duties

Front 18

Car Passengers

Back 18

*WA Cont Art. I, sec 7 Prohibits officers from restricting the movements of passengers in a lawfully stopped vehicles absent objective rationale predicated upon safety.

*Factors

*Numbers of Officers

*Number of Vehicle Occupants

*Behavior of the Occupant

*Time, Location of Stop

Front 19

Terry Detentions

Back 19

*A Terry Detention is seizure for investigative purpose.

*To justify a Terry Detention under the 4th Amd and Art., Sec. 7.....

*A police officer must be able to "point t specific and articulable facts which, taken together with rational inference from those facts reasonably warrant the intrusion.

Front 20

WA Specific Limitations

Back 20

*Limited to crimes and traffic infractions

*Terry Stop may NOT be made to investigate a non-traffic, or parking infraction.

*other infractions to which Terry does not appy.

*Sound system attachment

*Immediate License Violations

Front 21

Factors to Consider

Back 21

*Hour, Area, Unusual Presence, Nervousness, Personal Knowledge, Eyewitness information.

*Bottom Line: You must be able to articulate reasons to distinguish the suspect from someone who just happen to be there.

Front 22

Cannot Consider

Back 22

*Racial Incongruity

*Past Reports of Criminal Activity

*Started Reaction

*Closed Business

*Motorcyclist

Front 23

Scope of Terry Dententions

Back 23

The Scope of a Terry Stop is Determined by considering:

*1) the purpose of the stop

*2) the amount of the physical intrusion on the suspects liberty, and

*3) the length of time of the seizure

Front 24

Purpose of stop

Back 24

*When made in response to a report of crime, officer may investigate:

*Similarities b/w suspect and report

*Temporal proximity to scene

*Geographical proximity to scene

Front 25

Amount of physical Intrusion

Back 25

Must be limited to the necessary to effect the stop in a safe and effective manner.

Activities that may not be justified at the inception of the stop, may become appropriate as the investigation continues.

Front 26

Length of time

Back 26

*There is no bright line for how long is too long for a Terry Stop.

*Courts ask, "whether the officer diligently pursued a means of investigation which would likely conform or dispel his or her suspicions."

*Rule of Thumb. 20 MINUTES

Front 27

Weapons frisk

Back 27

*Under Terry, and office and they frisk a suspect for weapons out our clothing if officer has a found his suspicions but his or her safety is in danger.

*Some basis from which the court can determine that the Frisco was not arbitrary or harassing.

*Hands on pockets, clothing, transport, report, experience with suspect, discovery of one weapon, unusual movement

Front 28

Admissibility of Evidence

Back 28

Evidence discovered during the fresco will be admissible if

*1) the initial stop is legitimate
*2) a reasonable safety concern exist to justify a protective frisk for weapons, and
*3) the scoop of the risk was limited to the protective purpose

Front 29

Vehicles

Back 29

*Under the WA constitution, a valid Terry stop may include a search of the interior of the suspect's vehicle when the search is necessary to officer safety.

*A protective search must be objectively reasonable, though based on the officer's subjective perception of events.

Front 30

Arrest

Back 30

*An arrest occurs when police objectively manifest that they are restraining the person movement, & a reasonable person would have believed that he / she was not free to leave.

*When the test is met, and the seizure is for later charging in trial, the rest will be referred to as a custodial arrest.

*A custodial arrest must be supported by probable cause.

*Probable cause where the facts and circumstances within the resting officers knowledge, and of which reasonable trustworthy information are sufficient to warrant a person of reasonable caution to believe that the crime has been committed .

Front 31

Arrest of Vehicles

Back 31

Stopping in auto mobile and detaining its occupants without a warrant constitutes a Fourth Amendment seizure.

Passengers a lawful seizure of a vehicle does not provide any basis for seizing passengers who have not personally committed any infraction.

A passenger may not be asked for his identification unless the passenger is being cited for a separate traffic violation

Front 32

Arrest Warrnts

Back 32

*Must be issued by a judge.

*May be "telegraphic"

*Existence of warrant must be verified

*Information on the warrant must be verified

*Physical description must be verified

*identity of the suspect must be confirmed

*information must be copared

Front 33

Serving the Warrant

Back 33

Suspect home. An officer may intern suspect home in a, after announcing his wife her presence, he is refuse to admittance.

Officer must have probable cause to believe the building is the suspects home, and must have probable cause to believe that the named person is actual presence at the time of entry.

Front 34

Serving the Warrant, Cont.

Back 34

*Another's Home. An arrest warrant for a suspect only suffices to allow entry into the suspect's own residence, not the residence of a third person. Absent consent from the third person or exigent circumstances, such as hot pursuit, entry into the hoe of a third party to make an arrest is illegal absent a search warrant.

*Outside the state of Washington. WA officers may not serve a WA warrant of arrest outside the state boundaries. only the Governor can extradite a suspect to another state.

Front 35

Arrests without Warrants

Back 35

*A warrantless arrest is lawful under the 4th Amendment whenever the arrest is based upon probable cause. A state, however, may place additional restrictions upon warrantless arrests.

*In Washington, we have

*Probable cause for a Felony.

*Misdemeanor committed in the presence of the officer.

Front 36

RCW 10.31.100

Warrantless arrest for certain crimes committed outside the officers presence involving:

Back 36

1) Harm or threats of harm

2) Taking of property

3) use/possession of marijuana

4) MIPs

5) Criminal Trespass

Front 37

Where Allowed

Back 37

* Residences: PC for a warrantless arrest does not provide for nonconsensual entry into a residence.

* Business: OK, so long as access is only made to commercial accessible areas.

* Hospitals: ER ok. Individual rooms, not ok.

Front 38

Use of Force

Back 38

* Four reasons for an Officer to use force

1) Secure and Detain the offender

2) Overcome resistance

3) Protect the officer from harm

4) Prevent escape or allow recapture

Front 39

Warrant Defined

Back 39

An order in writing, or telephonically, made in the name of the state signed by a neutral and detached magistrate who has authority to issue such an order directing law enforcement to search for personal property (or the body of a person) and to bring the same to court.

Front 40

Components of a Warrant

Back 40

1) Neutral and detached magistrate

2) Specifically described place or person to be search and items to be seized

3) Supported by probable cause

4) Supported by oath

Front 41

Neutral and Detached Magistrate

Back 41

*I.E. a judge

*Supreme Court Justice

*Court of Appeal Judges

*Superior Court Judges

*District Court Judges

*Municipal Court Judges

Front 42

Specific Description

Back 42

*Building/ Houses/ Apartments

*Address, Description, Location

*Vehicles

*Color, Make, Model, License number

*Person

*Must describe the individual with sufficient particularity so that the police can ID with reasonable certainty

*Sex, Race, Height, Eyes, Hair, Address

Front 43

Specificity Cont.

-Crime under Investigation

Back 43

*State with specificity the crime being investigated

*i.e. Murder in the First Degree, Forgery, Possession of stolen property

*Greater specificity required of seizing constitutionality protected property or legal items