4th Amendment: Searches, Seizures and Search Warrants

Searches, Seizures, and the Fourth Amendment

• The Fourth Amendment protects individuals against unreasonable searches and seizures of their persons, houses, papers, and effects.
• The amendment requires a warrant to be issued upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Probable Cause

• Probable cause for a search warrant requires facts and circumstances that would lead a reasonable person to believe:
  • A crime has been committed
  • Particular pieces of evidence are involved
  • The evidence is located at a particular place
  • The evidence is present at the time of the search

Search and Seizure

• A search is the examination of a person or area to discover evidence, contraband, or weapons.
• A seizure is the act of taking possession of a person or property.
• Interference with property rights can be considered a seizure, even if there is no invasion of privacy.

Fourth Amendment Protection

• All occupants of a protected area have Fourth Amendment protection against unreasonable searches and seizures, including overnight guests.
• The extent of Fourth Amendment protection depends on the location and the individual's expectation of privacy.

Search Warrant

• A search warrant is a written order from a court authorizing an officer to search a specific area for evidence and contraband.
• The warrant must be supported by probable cause and describe the place to be searched and the items to be seized.
• In most cases, a search warrant is required before a search can take place.

Executing a Search Warrant

• The "knock and announce" rule requires officers to knock and announce their presence and purpose before entering a premises.
• Exceptions to the "knock and announce" rule include:
  • Exigent circumstances, such as danger or evidence destruction
  • Reasonable suspicion that announcing would be dangerous or futile
• Officers must provide a copy of the search warrant to the occupants and read it to them or have them read it.

Inventory and Securing the Premises

• Officers must conduct an inventory of all items seized during the search.
• The inventory must be left with the search warrant and a copy given to the occupants.
• The officer may be responsible for securing the premises after the search is completed.

Fourth Amendment Rights

• The Fourth Amendment protects individuals' privacy rights, including the right to be secure in their persons, houses, papers, and effects.
• The amendment applies to searches and seizures conducted by government officials.

Relevant Court Cases

• Minnesota v. Carter (1998): Establishes that an overnight guest has a legitimate expectation of privacy in the home and can claim Fourth Amendment protection.
• Minnesota v. Olson (1990): Rules that a short-term visitor has no standing to exercise Fourth Amendment rights.
• Ybarra v. Illinois (1979): Holds that patrons of a bar have no reasonable suspicion attached to their presence, and officers must develop individual reasonable suspicion to frisk them.
• Michigan v. Summers (1981): Permits detaining individuals found at the scene of a search until things are sorted out.
• State v. Shannon (1992): Allows officers to search occupants of a crack house, where the primary business activity is the sale of drugs.
• U.S. v. Ramirez (1998): Reaffirms the standard for unannounced entry to execute a warrant.
• U.S. v. Banks (2003): Holds that a 15-20 second wait is reasonable in cases where the totality of the circumstances suggests exigent circumstances.
• Wilson v. Lane (1999): Rules that inviting media to accompany officers when serving a warrant in a private area is a violation of the occupants' Fourth Amendment privacy rights.### Fourteenth Amendment
• No state shall make or enforce any law that abridges the privileges or immunities of citizens of the United States.
• No state shall deprive any person of life, liberty, or property without due process of law.
• No state shall deny to any person within its jurisdiction the equal protection of the laws.

Searches and Seizures

• Warranted Searches: Search warrant is required, specifying locations and items to be seized.
• Probable cause that a crime was committed, and evidence is at a particular location at a particular time.

Searches Incident to Execution of a Search Warrant

• Limited search of detained person found in protected area at time of search warrant execution.
• Search for weapons to prevent injury or death of the officer.
• Seizure of evidence named in warrant and contraband.

Non-4th Amendment Searches

• Abandoned Property: Search and/or seizure of property to which the owner appears to have relinquished rights.
• Open Fields: Search of property to which the owner does not have a legitimate expectation of privacy.
• Plain View Doctrine: Seizure of evidence or contraband found in the performance of other duties.

Stop and Frisk

• Frisk of person for weapons to prevent injury or death of the officer.
• Reasonable suspicion for detention and additional reasonable suspicion that the person is armed.

Search Incident to Arrest

• Search of arrested person for weapons and evidence or contraband.
• Custodial arrest based on probable cause.
• Full search of the person, and immediately accessible personal property.

Protective Sweep

• To assure that no accomplices who may pose a danger to the officer are hiding in the premise in which an arrest is taking place.
• Legal presence in the premise and reasonable suspicion that there may be accomplices present.

Searches & Seizures Without a Warrant

• Motor Vehicle Exception: Seizure of evidence of a crime from a mobile vehicle where it is impractical to obtain a search warrant.
• Emergency (Exigent) Circumstances: To prevent destruction of evidence or contraband before a search warrant may be obtained.
• Consent: Search a protected area with permission of interested party.
• Inventories: To identify and assure security of personal effects of arrested party.

Container Searches

• Open Container: Search if in authorized area and item to be seized could fit within.
• Closed but Not Locked Container: Search if in authorized area and item to be seized could fit within.
• Locked Container: Search if in authorized area and item to be seized could fit within - use minimum force required.

Learn about the 4th Amendment and its impact on law enforcement's ability to search and seize property. Understand the principles of probable cause and warrant requirements.