Evidentiary Search and Seizure Flashcards
(7 cards)
Do Terry Stops (Stop and Frisks) allow for other evidence to be siezed, other than intended?
Yes, but it depends…
A police officer may stop a person without probable cause for arrest if she has an articulable and reasonable suspicion of criminal activity. [Terry v. Ohio (1968)] In such circumstances, if the officer reasonably believes that the person may be armed and dangerous, she may conduct a protective frisk. The scope of the frisk is limited to a patdown of the outer clothing for concealed instruments of assault, but the officer may reach into the suspect’s clothing and seize any item that the officer reasonably believes, based on its “plain feel,” is a weapon or contraband. [Minnesota v. Dickerson (1993)]
“If the court accepts the officer’s testimony that she instantly recognized the marijuana cigarettes based on the patdown only without any further conduct, they were properly seized and can be admitted into evidence.”
Exclusionary Rule and Failure to Knock and Announce
Evidence IS admissible because the exclusionary rule does not apply to violation of the “knock and announce” rule. If the search is otherwise valid, the evidence is allowed.
(Exclusionary Rule does not apply to the officer’s Fourth Amendment violation.)
Example:
Warrant is had, yells police and barges right into open house and seizes evidence. Atty moves to suppress evidence obtained during search. Motion will NOT be granted. Exclusionary rule does not apply to officer’s 4th amendment violation.
Once an arrest is executed, can you continue to search?
Generally, NO.
However:
* Plain view exception to the search warrant requirement- the police may seize any contraband or evidence in plain view of a place they have a right to be to execute the warrant, until warrant is executed.
* Once D is arrested- only D’s wingspan (and as they move him around the house) AND limited sweep for others that might be hiding that may present a danger IF officers had a reason to believe others might be present.
Automobile Exception
If probable cause justifies a stop of a vehicle (automobile contains contraband or evidence of a crime), it justifies a search of the entire vehicle (including trunk) that is the subject of their probable cause.
Probable cause to search is defined as reasonable grounds for believing that a particular item of seizure is located at a particular place.
Search Incident to Lawful Arrest
Limited to wingspan of the person, and as you you walk them around.
Search Incident to Lawful Arrest: In An Automobile
After arresting a person who was recently in an automobile, the police may search the passenger compartment of the automobile if they reasonably believe that evidence of the offense for which the person was arrested may be found in the automobile.
Search Warrant executed at A’s RESIDENCE and found evidence against A and B. A suppressed evidence and court granted. B moves for the same. Motion granted?
NO! B has no exptectation of privacy at A’s residence, NOR does he have standing to challenge the evidentiary seizure and try to suppress it. A, however, did. It was A’s residence.
