CJ 433- Evidence, Search, and Seizure- Week 4
CJ 433- Evidence, Search, and Seizure- Week 4 CJ 433
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This 4 page Class Notes was uploaded by Chelsey Smith on Thursday September 15, 2016. The Class Notes belongs to CJ 433 at University of Southern Mississippi taught by Robert Whitacre in Fall 2016. Since its upload, it has received 6 views. For similar materials see Evidence Search & Seizure in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/15/16
CJ 443- Evidence, Search, and Seizure September 14, 2016 Chapter 5- Obtaining Evidence & the 4 Amendment Protection of people’s reasonable expectation of privacy Searches ◦ When does a search occur? Whether presumed search is governmental- not a private enterprise 1. Example: department store shop lifter is stopped by security guard and searches through their belongings- because the guard was private it is not considered a search Does the person have a reasonable expectation of privacy? 1. Katz v US- cops but a bug in a phone booth and recorded suspect discussing illegal/incriminating information- he did not have a reasonable expectation of privacy in a public phone booth so the evidence was upheld Legitimate expectation of privacy 4 Varieties of Cases Dealing with Expectation of Privacy ◦ Double agents/ spies- when entering into a voluntary conversation with the suspect where the agent was invited to be the evidence is upheld ◦ Physical characteristics- face, hair color, hand writing, sound of voice (are all available for public inspection)- breath, blood, urine (actual privacy expected) ◦ Open Fields v Curtilage Curtilage- an area extended into the intimate activity of sanctity of home (ex: screened porch) Open Field- area not used for private activities- (ex: greenhouse, shed) th Open fields are not protected by the 4 but curtilage is protected Factors that affect whether a structure is a curtilage or open field 1. Proximity to the area of house 2. Whether there is a fence 3. Nature of use 4. Steps taken by property owner to shield others form seeing ◦ Sensory Enhancement Devices Factors 1. Nature of the Place Surveilled- US v Yatz 1954 placed a beeper in drug container at a public area, suspect put the container into vehicle and tracked it back to the home of suspect- upheld 2. Lawfulness of Vantage Point 3. Availability of Sophisticated Technology 4. Extent to which Technology Replaces the Senses o Ex: drug dog (needs a warrant), flashlight (no warrant necessary) 5. Nature of Activity Surveilled 6. Care Taken to Ensure Privacy Possession ◦ Actual Ownership- physical control of object ◦ Constructive Ownership- exercise dominion or control of (ex: all individuals in a car are charged with drug possession) Seizures ◦ Dose a reasonable person believe he is not free to leave? -then they’re being seized Terry v Ohio- suspicious activity around jewelry store where persons were attempting to case it, an officer gave the men a pat down and found a gun on each- this was upheld because the officer had probable cause and articulable facts to support his decision ◦ 3 Levels of Justification for a seizure 1. Probable cause- various sources 2. Reasonable suspicion based on totality of circumstances 3. Administrative- the initial mission was not to discover evidence- ex: firefighters checking business is up to safety code ◦ Administrative Searches Can Be Limited Must conform to established procedures Cannot be geared toward the discovery of evidence Cannot be used as a pretext for finding contraband ◦ 3 Elements (Requirements) of a Search Neutral and detached magistrate Set forth probable cause Must conform to particularity requirement- what place is being searched? Or what persons are being searched/seized? Stop- only requires reasonable suspicion Arrest- requires probable cause- they are actually detained and not free to leave 2 Factors to Distinguish Stops v Arrests ◦ Duration of the stop- not free to leave and cop articulates probable cause ◦ Degree of intrusion- Terry v Ohio- patting down versus pulling out pockets When is an arrest warrant required? ◦ Homes- unless officers are in hot pursuit of suspect ◦ Homes of third parties Executing an arrest warrant ◦ Knock and Announce Requirement Exceptions: dangerous or futile to knock and announce- suspect could destroy evidence or easily conceal it- others are within eminent peril of bodily harm- cop waves as they’re approaching home ◦ Property Damage- ex: Former Jackson Mayor Frank Melton created excessive damage in an arrest- must be minimal and necessary ◦ Deadly Force- only authorized when felony, no hostages, prevent suspect from leaving and hurting others ◦ Wrongful Arrests- Hill v CA illegal contraband in plain view during clerical error arrest- upheld- not excluded Executing Search Warrants ◦ Time constraints- judges can limit time of day warrant can take place- prompt ◦ Scope and manner of search ◦ Procedure after the search warrant- inventory of search evidence
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