CONSTITUTIONAL LAW

SEARCHES AND SEIZURES WITHOUT A WARRANT

1.

a.

1) Reasonable suspicion that criminal activity is occurring

2) Probable cause that a traffic violation was committed.

b. You may, without further justification: require the driver and passengers to get out of the vehicle, request an opportunity to inspect license and registration, examine the exterior of the vehicle, examine as much of the interior as is visible from the outside (and may use a flashlight to aid that examination), may ask questions regarding the reason for the stop, may inspect the VIN and make whatever entry is necessary to clear a view of the VIN tag.

2.

a. If you have probable cause you can search anywhere in car where items you have probable cause to search for could be hidden.

b. May search containers locked and unlocked if item sought could be hidden inside. Authority for search ends when you find evidence you are looking for.

c. Legal for inventory purposes if your department has a policy allowing it. You do not have to use your authority under the automobile exception as soon as possible. Can seize vehicle based on the fact that you believe it contains contraband, seize the packages of contraband and then wait several days before searching the packages. The Supreme Court in Maryland v. Dyson, 119 S.Ct. 2013 (1999) held that a search under the automobile exception delayed thirteen hours was justified by probable cause that existed at the time of the seizure of the vehicle.

d. RV’s treated the same as motor vehicles as long as they are movable, ie., not a trailer home anchored down.

3.

a. If probable cause that an emergency exists, may enter a protected area to seize endangered weapons, evidence or contraband or to render aid.

b. When the emergency circumstances no longer exist.

c. The DUI suspect’s body is removing alcohol from the blood stream, therefore, evidence is being destroyed and an emergency exists. Medical personnel must take the sample.

d. If probable cause to arrest for a serious felony freshly committed and lives are in danger or officer is reasonably certain evidence may be destroyed.

4.

a.

1) Consent must be voluntary, not coerced and come from a person who is in legal possession of the area with right of access.

b. Get a signed written consent and warn person that evidence found may be used against them in court.

c. Lying to them about having a warrant, not leaving when asked to, demanding consent, implying that a refusal to consent will result in arrest.

d. Anywhere they allow you.

e. When all areas are searched or until they tell you to stop.

f. Either can give consent.

g. Get a search warrant or get consent from some other person who has authority that cannot be challenged.

h. As long as officer relied on person’s stated authority in good faith, search will be upheld.

5.

a. Inventories are authorized to protect officer and Department from false claims for alleged missing property, protecting persons’ property and to keep weapons out of suspect’s hands.

b. Search if authorized by department policy, but may have to pay for damage.

c. May be inventoried on theory that property could turn up missing and officer/Department held responsible.

d. Could be in trouble, evidence found could be inadmissible.

e. To keep items of value safe, keep person and officers safe, prevent escapes.

f. Search but if damage is done, may have to pay for it.

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