2. Introduction
• Supreme Court defined a search as “a governmental
infringement of a legitimate expectation of privacy”
• Investigators make many kinds of searches
• Searching is a vital task in most criminal investigations
• Through searching, evidence of crime and against
criminals is obtained
• Every search must be firmly based on an understanding
of the restrictions
Hess 4-2
3. Legal Searches and the Fourth Amendment
LEGAL OVERVIEW
• Balance between individual liberties and the rights of
society
• Meant to ensure citizens’ dignity and privacy
• Courts are bound by rules
• Legality of a search must always be kept in mind
• Systematic and thorough
Hess 4-3
4. Basic Limitation on Searches
SCOPE
• All searches have one limitation
• Laws regulating searches are numerous and complex
• Officers must know the laws and operate within them
• The penalty for not doing so is extreme
• Evidence from illegal searches not allowed at trial
Hess 4-4
5. The Exclusionary Rule
UNREASONABLE SEARCHES
• Courts enforce the prohibition against unreasonable
searches
• Affects illegally seized evidence
THE INEVITABLE DISCOVERY EXCEPTION
• Inevitable-discovery doctrine
• Intent of the exclusionary rule
Hess 4-5
6. The Exclusionary Rule
THE GOOD FAITH EXCEPTION
• United States v. Leon (1984)
Apparently valid search warrant
• Modification of the exclusionary rule
Evidence seized in reasonably good faith
Good-faith doctrine
Hess 4-6
7. Justification for Reasonable Searches
SEARCH WITH A WARRANT
• Search warrant has been issued
• Consent is given
• Officer stops a suspicious person and believes the
person may be armed
• Search is incidental to a lawful arrest
• Emergency exists
Hess 4-7
8. Justification for Reasonable Searches
SEARCH WITH CONSENT
• United States v. Matlock (1974)
• Wright v. United States (1938)
• Illinois v. Rodriguez (1990)
• Schneckloth v. Bustamonte (1973)
• Georgia v. Randolph (2006)
Hess 4-8
9. Justification for Reasonable Searches
PATDOWN OR FRISK DURING A STOP
• Suspicious circumstances
• Identify someone who
looks like a suspect
• Reasonable suspicion
• Terry v. Ohio (1968)
Terry stop
Might be armed and dangerous
Hess 4-9
10. Justification for Reasonable Searches
SEARCH INCIDENT TO ARREST
• Immediate control area
• Protective sweep, or Buie sweep
SEARCH IN AN EMERGENCY SITUATION
• No time to secure a warrant
• Imminent danger to public safety
• Medical emergencies
Hess 4-10
11. Justification for Reasonable Searches
SEARCH IN AN EMERGENCY SITUATION
• Three conditions met under exigent circumstances
Must believe a real emergency exists
Requiring immediate action
Primarily to find evidence
Emergency and area searched must have a connection
Hess 4-11
12. Justification for Reasonable Searches
WARRANTLESS SEARCHES OF VEHICLES
• Seizure within the meaning of the Fourth Amendment
• Pretext stops
• Searches of passengers in a stopped vehicle
• Searches of vehicles incident to and contemporaneous
with lawful arrests
• Inventory searches
Hess 4-12
13. The Crime Scene Search
CRIME SCENE SEARCH OVERVIEW
• Establish a crime was committed
• Establish what the crime was
• Establish when the crime was committed
• Identify who committed the crime
• Explain how the crime was committed
• Suggest why the crime was committed
Hess 4-13
14. The Crime Scene Search
ORGANIZING THE CRIME SCENE SEARCH
• Dividing the duties
• Selecting a search pattern
• Assigning personnel
• Giving instructions
Hess 4-14
15. The Crime Scene Search
PHYSICAL EVIDENCE
• Ranges from very large objects to minute
• Know what types of evidence to search for
• Often found on or near the route used to and from a
crime
• Frequently found on or near a dead body
• Elephant-in-a-matchbox doctrine
Hess 4-15
16. Search Patterns
EXTERIOR SEARCHES
• Small, large areas
• Can be divided
• Diagrammed on paper
• Lane-search pattern
• Circle-search pattern
• Zone- or sector-search pattern
Hess 4-16
19. Other Types of Investigatory Searches
BUILDING SEARCHES
• Familiarize yourself with the location
• Discuss a plan of action
• Access all available resources
• Think safety first and last
• Extreme caution in the “fatal funnel”
Hess 4-19
20. Other Types of Investigatory Searches
TRASH OR GARBAGE CAN SEARCHES
• California v. Greenwood (1988)
• Trash pulls
Crime has been committed
Relevant evidence likely
• Trash must not be located within the curtilage
• Consult with your agency’s legal advisors
Hess 4-20
21. Other Types of Investigatory Searches
VEHICLE SEARCHES
• Remove occupants
• Search area around vehicle
• Search exterior
• Side from front to back
• Return along the other
side to the front
Hess 4-21
22. Other Types of Investigatory Searches
SUSPECT SEARCHES
• Wear protective gloves
• Not been arrested
Patdown or frisk for weapons
• Been arrested
Thorough body search for weapons and evidence
• Inhibitors to a thorough search
Hess 4-22
23. Other Types of Investigatory Searches
DEAD BODY SEARCHES
• Done only after the coroner or medical examiner has
arrived
• Coroner has given permission
• Search around and beneath the body after removal
• Policy determines the extent of a search
• Search systematically and completely
Hess 4-23
24. Other Types of Investigatory Searches
UNDERWATER SEARCHES
• Limited visibility
• Extreme water temperature
• Swift currents and hazardous materials
• Crime scene or accident scene
• Metal detectors
Hess 4-24
25. Use of Dogs in a Search
VALUABLE FORCE MULTIPLIER
• Trained to detect drugs and
other chemicals
• Locate suspects
• Narcotics
• Explosives
• Cadavers and more
Hess 4-25
27. A Reminder
OVERVIEW
• Fourth Amendment
• Officers’ actions must be reasonable
• Outline details
• Present full situation
• Totality of the circumstances
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28. Summary
• Fourth Amendment to the Constitution forbids
unreasonable searches and seizures
• Investigators must know what constitutes a reasonable,
legal search
• The scope must be narrow; general searches are
unconstitutional
• Search patterns have been developed that help ensure
a thorough search
• Always be on your guard
Hess 4-28
