258 Questions
What was the source of the search warrant in English Common Law?
Article XXXIX of the Magna Carta in 1215
Why was the search warrant included in the U.S. Constitution and state constitutions?
To protect individuals from government intrusion without notice
What is a search considered to be?
An invasion of a citizen's expectation of privacy
What is required for a police officer to obtain a search warrant?
Information that constitutes probable cause
What is prohibited in relation to search warrants?
The issuance of a search warrant in blank
What must the court examine when considering information from an informant?
The totality of the circumstances
What is required to establish the reliability of an informant?
Both the informant's trustworthiness and basis of knowledge
What is the purpose of the requirement of probable cause?
To protect individuals from government intrusion without notice
What is the primary concern when an officer submits information from an informant to a judge?
The informant's reliability
What is the term used to describe the informant's credibility in providing information about a criminal activity?
Basis of knowledge
In State v. Peterson, what did the informant claim to have seen in the defendant's residence?
A large quantity of marijuana
What is the purpose of a 'trash pull' in the context of establishing probable cause?
To corroborate an anonymous tip
What is the term used to describe the standard for determining whether an officer has sufficient evidence to obtain a search warrant?
Probable cause
What is the significance of the 30-day rule of thumb in the context of search warrants?
It is the general guideline for the timeframe between the events described in the affidavit and issuance of a search warrant
What is the term used to describe an informant who provides information about a crime, but whose identity is not known to the police?
Anonymous tipster
What is the primary concern when an officer uses an anonymous tip to establish probable cause for a search warrant?
The sufficiency of the corroborating evidence
What is the purpose of the 'basis of knowledge' in the context of search warrants?
To show that the informant personally observed or participated in the criminal activity
What is the consequence of an officer failing to quickly apply for a search warrant after obtaining probable cause?
The information may become 'stale'
What is a key factor in determining whether a search warrant is valid?
The existence of probable cause
In what circumstances can a search warrant be extended?
When there is evidence of a pattern of ongoing criminal activity
What can an officer do if a search warrant is not dated or contains the wrong date?
The warrant may still be valid
What happens if a detective forgets to sign the supporting affidavit?
The warrant may still be valid if the detective swears to the truthfulness of the statements
Who can be searched when a search warrant is executed?
Only the person named in the warrant
Under what circumstances can an officer search a person not mentioned in the warrant?
When the facts establish probable cause to believe that every person on the premises possesses the property sought
What is the limit of an officer's authority to detain occupants during a search warrant execution?
Anyone found in the residence, regardless of whether or not the occupant is a suspect
What is the purpose of a pat-down during a search warrant execution?
To protect the officer from hidden weapons
What happens if a search warrant is executed and a person is found to have a separate residence on the premises?
The police must obtain a new warrant to search the separate residence
What is the Supreme Court's ruling on detaining occupants during a search warrant execution?
A warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants on the premises while a proper search is conducted
In Muehler, the Court ruled that police were justified in handcuffing a woman for how long while executing a search warrant?
Two to three hours
In Illinois v. McArthur, the Supreme Court held that police could detain a defendant on the front porch outside his home for how long?
Two hours
What is the requirement for a warrant to specify?
The exact premises to be searched
What happens if a warrant is defective in its description of the premises to be searched?
The warrant is valid only if the officer executing the warrant is able to ascertain the targeted premises with reasonable certainty
What is the time limit for executing a search warrant after its issuance?
10 days
Who can execute a search warrant?
Only the officer or officers mentioned in the warrant
What is required for a warrant to describe the property to be seized?
A specific description of the property
What happens if a warrant describes one item, but an officer seizes a different item?
The seizure is valid if the additional item is in plain view and is obviously incriminating
What is the result of a search warrant that provides no description of the type of evidence sought?
The search warrant is invalid
What happens if a visitor arrives at the premises while the warrant is being served?
The visitor can be searched only if there is sufficient evidence to connect the visitor to the criminal activities
In which situation can law enforcement officers impermissibly create exigent circumstances?
By failing to procure a valid warrant when probable cause to do so existed.
What is the purpose of a protective sweep conducted by law enforcement officers?
To protect themselves from potential danger.
In which situation is a warrantless search of luggage permitted?
When an officer conducts a mere visual inspection of luggage in a publicly accessible space.
What is the significance of the Jardines v. State case?
It prohibited warrantless 'sniff tests' by drug detection dogs outside the front door of a private residence.
What is the significance of the State v. Collins case?
It permitted police to search abandoned property without a warrant.
In which situation is a warrantless search of an automobile trunk permitted?
When a suspect effectively abandons the car by leaving it unattended and running in the middle of the street.
What is the significance of the Kentucky v. King case?
It held that officers do not impermissibly create exigent circumstances when they act in an entirely lawful manner.
What is the significance of the Maryland v. Buie case?
It held that an officer must be prepared to establish that there was evidence to suggest the presence of other persons in the premises.
In which situation is a warrantless search of a hotel room permitted?
When police allow a drug dog to sniff all the room doors in a hotel.
What is the significance of the Meece v. State case?
It held that officers can look in closets and other spaces large enough to conceal a person immediately adjoining the place of arrest.
When serving a warrant, what must the police do when delivering a copy to the person named in the warrant?
They must deliver a copy to the person named in the warrant, or in their absence to some person in charge of, or living on the premises.
Under what circumstances can an officer use reasonable force to gain entry?
After announcing their purpose and exhibiting the warrant upon request, and being refused entry.
What is the main exception to the 'knock and announce' rule?
All of the above
What is the consequence of violating the 'knock and announce' rule?
The officers will face the threat of possible civil remedies or internal discipline.
What is the purpose of the 'knock and announce' rule?
To give the person inside the premises time to respond and open the door.
What is the main reason for the Court's ruling in Richards v. Wisconsin?
The officers had knowledge that the defendant possessed handguns and kept cocaine in his kitchen.
What is the requirement for executing a warrant in Florida?
The warrant must be executed in the daytime or nighttime, and may be executed on Sunday if expressly stated in the warrant.
What is the consequence of failing to comply with the 'knock and announce' rule?
The officers will face the threat of possible civil remedies or internal discipline.
What is the main requirement for an officer to enter a premises without announcing their presence?
The officer must have a reasonable belief that the person inside may be in imminent peril of bodily harm.
What is the consequence of violating the 'knock and announce' rule in Falcon v. State?
The warrant will be invalid and the evidence will be suppressed.
What was the reason for the deputies' concern about the parents' welfare in the first scenario?
The parents had suffered a medical emergency.
What did the deputies observe in plain view in the apartment?
Marijuana plants in the bedroom.
What was the defendant's behavior in the Michigan v. Fisher case?
He was screaming and throwing things.
What did the officers see in the Brigham City v. Stuart case?
A loud party with juveniles drinking beer.
What was the reason for the warrantless entry in the Michigan v. Fisher case?
The officers reasonably feared a medical emergency.
What did the officers observe in the Brigham City v. Stuart case that led them to enter the residence?
A juvenile swinging a fist and striking an adult.
What was the outcome of the Brigham City v. Stuart case?
The warrantless entry was upheld under the Fourth Amendment.
What did the deputies do when they arrived at the apartment complex in the first scenario?
They searched the complex door by door for the caretakers.
What was the reason for the deputies' concern about the child's welfare in the first scenario?
The child had wandered out of the apartment and was lost.
What is the doctrine that justifies the warrantless entry in the Michigan v. Fisher case?
Emergency Aid.
What is the requirement for the return of seized items after a warrant is executed?
A written return of all instruments, articles, or things seized shall be made without unnecessary delay
What is the purpose of a search incident to arrest?
To protect the officer from attack and prevent the person from escaping
What is the scope of a search incident to arrest?
The suspect's person and the area within the person's immediate control
When is a search of a person and their immediate control not allowed?
When the arrest is made outside the area of the person's immediate control
What is the requirement for searching a suspect's cell phone?
Officers must secure a warrant before conducting such a search
What is the purpose of taking a cheek swab of a suspect's DNA?
To take a DNA sample for booking purposes
When is a search of a person's residence not allowed?
When the deputies know that the residence is the suspect's family residence
What is the rule in City of West Covina v. Perkins?
The police do not have to provide the owner with notice of state law remedies for return of the property
What is the exception to the rule that a search of a person's cell phone requires a warrant?
When an exigency is present
What is the purpose of a search of a person incident to arrest?
To protect the officer from attack and prevent the person from escaping
What is the primary role of a peace officer in a situation involving violence?
Preventing violence and restoring order
Under what circumstances can a police officer enter a residence without a warrant?
When there is a medical emergency or threat to public safety
What is required for a police officer to search a person or their property?
Exigent circumstances, such as a medical emergency or threat to public safety
What is the purpose of evacuating residents from a residence in a situation involving a methamphetamine lab?
To protect the occupants and neighbors from the dangerous conditions
What is the significance of the Fields v. State case?
It limited the scope of exigent circumstances for warrantless entry
What is the primary reason for requiring a warrant for search?
To prevent officers from entering private residences without justification
What was the reason for the police officers' visit to Vincent's house?
To discuss a rumored threat to 'shoot up' the school
What is the basis for the detectives' decision to enter the residence in the Barth v. State case?
Exigent circumstances, including the threat of a methamphetamine lab
What is an example of an exception to the general rule requiring search warrants?
A voluntary consent to search
What is the term used to describe the exception to the general rule requiring search warrants where an officer enters a citizen's home without a warrant to prevent the imminent use of a dangerous weapon or to prevent the potential destruction of evidence?
Exigent circumstances
What is the significance of the Ryburn v. Huff case?
It involved a situation where police officers responded to a call at a high school
What was unusual about Mrs. Huff's behavior when the officers asked to speak with her inside the house?
She never asked the reason for their visit
What is the primary concern for police officers in a situation involving a methamphetamine lab?
Protecting the occupants and neighbors from the dangerous conditions
What is the primary reason for which an officer may enter a citizen's home without a warrant under exigent circumstances?
To prevent the imminent use of a dangerous weapon or to prevent the potential destruction of evidence
What did the U.S. Supreme Court rule in the Huffs' case?
The police had sufficient reason to believe there was a danger and entered the home legally
Under what circumstances may police make a warrantless search of a crime scene?
When they believe there may be other victims or the perpetrator is still on the premises
What is the deciding factor in determining whether an officer's entry into a citizen's home without a warrant is valid under exigent circumstances?
The officer's justification for entry
What is the purpose of the exigent circumstances exception?
To provide a legal basis for police officers to respond to emergency situations
What is the court's ruling in In re J.B. (621 So.2d 489 (Fla. 4th DCA 1993))?
The officer's entry into the home was invalid because the exigency was created by the police
What is the exception to the warrant requirement when police believe evidence is being or about to be destroyed?
Exigent circumstances
What is the significance of the phrase 'ongoing violence' in the context of police response to emergencies?
It provides a legal basis for police officers to respond to emergency situations without a warrant
What is the primary reason for which the court upheld the warrantless entry in State v. Barmeier (878 So.2d 411 (Fla. 3d DCA 2004))?
The officers were concerned that the defendant might be inside the house and injured
What did the police see when they entered the motel room in the Murphy v. State case?
Two baggies of cocaine on a table
What is the primary reason for which the court upheld the warrantless entry in Riggs v. State (918 So.2d 274 (Fla. 2005))?
The officers were concerned that a child might be in danger
Why did the police in the Murphy v. State case believe they had to enter the motel room without a warrant?
They believed the evidence was being or about to be destroyed
What is the primary reason for which an officer's entry into a citizen's home without a warrant may be invalid?
The officer created the exigency
What was the result of the police investigation into Vincent's rumored threat?
They determined the rumor was false
What did the officers do when Mrs. Huff hung up the phone on them?
They waited for a few minutes before approaching the house again
What is the primary reason for which an officer's search of a citizen's home without consent may be invalid?
The officer used deceptive techniques to obtain consent
What was the significance of the fact that the officers in the Huffs' case had received training on targeted school violence?
It helped them to understand the characteristics of perpetrators of school shootings
What happened when the defendant's wife left the home a few days before the search?
There was no impact on the search
What happened in the case of Georgia v. Randolph (2006)?
The defendant refused to consent to a search of the home
What is the result of a search when one co-occupant consents, but another co-occupant objects?
The search is valid for the consenting party, but not for the objecting party
What was the reason the Court upheld the search in the initial scenario?
The wife had voluntarily left the home, but still had authority to consent to a search
What is the difference between voluntarily giving up your home and being forced to flee from it in fear for your life?
The first results in a loss of authority to consent to a search, while the second does not
What was the outcome of the search in the initial scenario?
The defendant was found guilty of possession of a firearm by a felon
What is the primary requirement for a lawful warrantless search?
Consent given by the suspect
Under what circumstances can a third party consent to a search?
The third party has a sufficient relationship to the premises
What is the significance of the case of Cassidy v State?
It demonstrated the defendant's guilt of tampering
What is the primary consideration for a third party's consent to be valid?
The third party has a common authority over the premises
What is the ruling in the case of Illinois v. Rodriguez?
The consent of a third party is valid if the officer reasonably believes they have common authority
What is the significance of the case of Arnold v. State?
It upheld the consent of a third party to a search
What is the significance of the case of Saavedra v. State?
It established the principle that a minor child can consent to a search
What is the significance of the case of State v. S.B.?
It established the principle that a nonresident father can consent to a search of his minor son's room
What is the limit of a third party's consent to a search?
The third party can consent to a search of personal property belonging to another if they have common authority and mutual usage
What is the significance of the case of Ward v. State?
It established the principle that a third party cannot consent to a search of personal property belonging to another without common authority and mutual usage
What is the consequence of abandoning evidence during a police investigation?
It is considered a crime under F.S.§918.13
When can a defendant be considered to have abandoned property?
When the defendant disclaims ownership of the property
What is the ruling on detaining occupants during a search warrant execution?
The limit of an officer's authority to detain occupants depends on the circumstances
What is the significance of Greenwood v. California?
It ruled that garbage left at curbside for collection has no expectation of privacy
What is the consequence of tampering with evidence?
It is a felony of the third degree
What is the ruling in State v. T.M.?
Contraband abandoned during flight from the police is not fruit of an improper seizure
What is the purpose of the 'basis of knowledge' in the context of search warrants?
To establish the reliability of the informant
What is the significance of State v. Daniels?
It ruled that a defendant's denial of ownership of property is sufficient proof of intent to abandon
What is the consequence of placing drugs in one's mouth and swallowing them during a police investigation?
It is considered tampering with evidence
What is the ruling in Chapman v. State?
Conviction under F.S.§918.13 was proper
In what circumstances can a warrantless search of a residence be conducted?
Never, a warrant is always required
What is the significance of the Jardines v. State case?
It prohibited warrantless 'sniff tests' outside a private residence
When can abandoned property be searched without a warrant?
Always, abandoned property is not protected by the Fourth Amendment
What is the significance of the State v. Collins case?
It permitted the search of abandoned property without a warrant
In what circumstances can contraband abandoned during flight from the police be seized?
When the contraband is abandoned during flight from the police
What is the significance of the Nelson v. State case?
It permitted the use of drug detection dogs in hotel common areas
What happens to contraband abandoned during flight from the police?
It is admissible against the person who abandoned it
In what circumstances can a warrantless search of a hotel room be conducted?
Never, a warrant is always required
What is the ruling of the U.S. Supreme Court regarding garbage left at curbside for collection?
There is no expectation of privacy in garbage left at curbside.
What is a consequence of abandoning property?
The police can search the property without a warrant.
What is the crime of tampering with physical evidence under F.S.§918.13?
A felony of the third degree.
What is the ruling of the court in State v. Daniels (1991)?
The police can search the suitcase without a warrant.
What is the significance of Chapman v. State (2010)?
The court ruled that conviction under F.S.§918.13 was proper.
What is the ruling of the court in State v. Jennings (1995)?
Placing drugs in one's mouth and swallowing them constitutes tampering with evidence.
What is the significance of the consent given by the suspect in Jorgenson v. State (1998)?
The consent is valid, and the police can search the premises without a warrant.
What is the ruling of the court in Illinois v. Rodriguez (1990)?
The consent given by the third party is valid even if they do not have common authority.
What is the consequence of a suspect disclaiming ownership of property or any possessory interest?
The police can search the property without a warrant.
What is the ruling of the court in State v. Anderson (1992)?
The defendant's property was not legally abandoned.
In what circumstances can a co-occupant's consent to a search be considered invalid?
When the co-occupant is physically present and objects to the search
Who can generally consent to a search of a tenant's apartment?
The tenant
What is required for consent to a search to be valid?
The consent to be given voluntarily
In what circumstances can a hotel manager consent to a search of a guest's room?
Never
What is the burden of proof for the State to establish that valid consent was obtained?
By a preponderance of the evidence
What is the consequence of obtaining consent to a search after illegal police activity?
The consent is presumed to be involuntary
What is a factor to be considered in assessing the voluntariness of consent?
The age of the person giving consent
What is the effect of an officer failing to advise a defendant of their right to refuse consent?
The consent may be considered involuntary
What is the significance of the Fernandez v. California case?
It established the rule that a co-occupant's consent is valid if the objecting co-occupant is not physically present
What is the effect of a court finding that a search was invalid due to the absence of a co-occupant's consent?
The evidence obtained is inadmissible
What is the scope of the search generally determined by?
The area or containers where the stated subject of the search could be located
What happens if a police officer exceeds the scope of a defendant's consent to search?
The search is invalid and the evidence is inadmissible
What is the result of a police officer misleading a person by saying or implying they have a warrant and will search anyway?
The permission given is invalid
What is the purpose of the 'knock-and-talk'?
To talk to a suspect and gain consent to search
What is the limitation of a police officer's authority when conducting a 'knock-and-talk'?
The officer cannot enter the backyard without a warrant
What happens if a defendant withdraws their consent to search?
The search is invalid and the evidence is inadmissible
What is the result of a police officer stating that a warrant can and will be obtained if the grounds exist?
The consent given is valid
What is the limitation of a police officer's authority when conducting a search of a person?
The officer can only search areas where the stated subject of the search could be located
What happens if a police officer searches a wallet found in a defendant's rear pocket, examining a photograph, condom, and identification card?
The search is invalid and the evidence is inadmissible
What is the result of a police officer's attempt to gain consent to search a residence by misleading a person by saying or implying they have a warrant?
The permission given is invalid
Who can consent to a search of an entire vehicle, even if they do not actually own it?
The driver of the vehicle
Under what circumstances can a minor child consent to a search of their room in their parent's home?
If the child shares the home with a parent who is absent
What is required for a third party to validly consent to a search of personal property belonging to another?
Both common authority over and mutual usage of the property
Who can consent to a search of a room in a shared residence?
The owner of the room
What is the significance of the case of State v. S.B.?
A nonresident father's consent to a search of his minor son's room was upheld
Under what circumstances can a grandmother consent to a search of her grandson's room in her home?
If she is responsible for doing his laundry and picking up the room
What is the significance of the case of Barnes v. State?
A wife's consent to a search of the marital home was upheld, even though she had voluntarily left the home a few days before
Who can consent to a search of a room in a shared residence, according to the case of Ishmael v. State?
A woman who shares the residence with the defendant
Under what circumstances can a babysitter consent to a search of a room in the home where they are babysitting?
If the babysitter is responsible for the care of the children in the home
What is the significance of the case of Arnold v. State?
A man who owned the house where the defendant was staying as a guest could consent to a search of the house
Under what circumstances can a wiretap be permitted?
For murder, kidnapping, drug crimes, and crimes dangerous to life, limb, or property
What is the legal status of using a pen register to record numbers dialed on a telephone?
It is not a search and does not violate the Fourth Amendment
What is the legal requirement for obtaining historical cell site information?
A warrant is required, but an exception can be made for exigent circumstances
What is the significance of the Carpenter v. U.S. case?
It held that the government's acquisition of historical cell site information is a search under the Fourth Amendment
What is the legal requirement for intercepting information transmitted to a defendant's pager?
A warrant is required, but an exception can be made for exigent circumstances
What is the legal status of admission of historical cell site evidence?
It is admissible as it is not content-based and does not violate the Fourth Amendment
What is the significance of the State v. Rivers case?
It held that a state statute permitting wiretaps for investigating nonviolent prostitution cases is invalid
What is the legal requirement for obtaining records from a cell phone service provider?
A warrant is not required as it is not a search
What is the significance of the Figueroa v. State case?
It held that obtaining records from a cell phone service provider does not violate the Fourth Amendment
What is the legal requirement for obtaining historical cell site location information?
A warrant is required, but an exception can be made for exigent circumstances
What is the area around the home that enjoys the same constitutional protections as the home itself?
Curtilage
Which of the following factors does the court examine to determine the extent of the curtilage?
All of the above
What is the result of a warrantless search of an open field?
It does not constitute a search
What is the significance of the U.S. v. Dunn case?
It established the standard for determining the curtilage
Under what circumstances can a police officer use a device to explore details of the home without obtaining a warrant?
When the device is in general public use
What is the significance of the Kyllo v. U.S. case?
It prohibited the use of thermal imaging devices without a warrant
What is the significance of the State v. Crowley case?
It prohibited the use of 'no soliciting' signs to prohibit law enforcement officers
What is the significance of the Maggard v. State case?
It found that the defendant had a reasonable expectation of privacy in his fenced backyard
What is the significance of the Ruiz v. State case?
It found that the defendant did not have a reasonable expectation of privacy in his driveway
What is the significance of the State v. Duhart case?
It upheld the warrantless search of a motorcycle in a covered but otherwise open carport
What was the significance of the 'Find my iPhone' app in the Exantus-Barrv case?
It was used to track the stolen iPhone
Under what circumstances can a person be compelled to produce a password to a cellphone?
If the police can describe with reasonable particularity the information they seek to access on a specific cellphone
What is prohibited by Florida statute in relation to drones equipped with imaging devices?
Recording images of privately owned real property
What was the significance of the victim's description of the individuals in the Exantus-Barrv case?
It helped the police to identify the suspects
What happened when the men made eye contact with the officer in the Exantus-Barrv case?
They walked off and the phone stopped transmitting a signal
What is protected by the Fifth Amendment right against self-incrimination?
A suspect's disclosure of a password to a cellphone
What is the significance of the Exantus-Barrv case?
It established the circumstances under which police can stop and question suspects
What is the purpose of a drone equipped with an imaging device?
To conduct surveillance on individuals or private property
What is the term used to describe the discovery of an item based on its smell?
Plain smell doctrine
Which of the following is NOT a specific requirement for searches in certain situations under Florida Statutes?
Private homes
According to the U.S. Supreme Court case Minnesota v. Dickerson, what is allowed during a frisk for concealed weapons?
Seizure of contraband that is instantly recognizable by 'plain feel'
Who has the authority to search a student's locker in a public school?
The principal or a school employee designated by the principal
What is required for a school official to search a student's person on school grounds?
Reasonable suspicion
What happens when police officers initiate a search or school officials act at the behest of a law enforcement agency?
The search must be supported by probable cause
What is the limit of an officer's authority to detain occupants during a search warrant execution?
Only for a reasonable time
What is the primary concern when an officer uses an anonymous tip to establish probable cause for a search warrant?
The reliability of the information
What is the term used to describe a police officer's pat-down of a person during a search warrant execution?
Pat-down
What happens if a search warrant is defective in its description of the premises to be searched?
The warrant is invalid
What is the primary condition for a person to have a reasonable expectation of privacy on their privately owned real property?
If they are not observable by persons located at ground level in a place where they have a legal right to be.
Under what circumstances can evidence be seized without a warrant under the plain view doctrine?
If the officer has a legal justification for their place of observation, the evidence is in plain view, and it is immediately apparent that the object is incriminating.
What is required for an officer to have probable cause to believe that an object is incriminating evidence?
The officer's training and experience identifying the object as incriminating evidence.
In what circumstances can an officer seize a piece of evidence that is in plain view?
If the officer has a legal justification for their place of observation, the evidence is in plain view, and it is immediately apparent that the object is incriminating evidence, and the officer has a right of lawful access to the object.
What is the significance of the McDonough v. Fernandez-Rundle case?
It held that the recording of a meeting with city officials did not violate Fla. Stat. §934.03.
What is required for an officer to determine the incriminating nature of a substance in open view?
The officer's training and experience in identifying the substance.
In what circumstances can an officer seize a substance in open view?
If the officer has a legal justification for their place of observation, the substance is in plain view, and it is immediately apparent that the substance is incriminating evidence.
What is the consequence of an officer seizing evidence without a warrant in violation of the plain view doctrine?
The evidence is inadmissible in court.
What is the primary concern in determining whether an officer has probable cause to believe that an object is incriminating evidence?
The officer's ability to articulate the facts that support the probable cause determination.
What is the significance of the Aldin v. State case?
It held that the seizure of tool boxes and work gloves from a defendant's van was not justified under the plain view doctrine.
What is the appropriate standard for a search conducted by a school resource officer who has received information about a student possessing marijuana?
Reasonable suspicion
What is the limitation on the use of evidence obtained from a warrantless search of a person on parole or probation?
The evidence can only be used in parole or probation proceedings
What is the purpose of the 'Exclusionary Rule'?
To prohibit illegal searches and seizures
In what circumstances can a warrantless search of a residence be conducted by a parole officer?
As a condition of parole
What is the significance of the Griffin v. Wisconsin case?
It allowed for the use of evidence obtained from warrantless searches of probationers' residences
What is the distinction between the Soca v. State and Griffin v. Wisconsin cases?
The Soca case was decided by the Florida Supreme Court, while the Griffin case was decided by the U.S. Supreme Court
What is the significance of the Camara v. Municipal Court of San Francisco case?
It allowed for warrantless searches of government employees' work-related materials
What is the significance of the Weeks v. U.S. case?
It prohibited the use of evidence obtained from illegal searches
What is the significance of the Mapp v. Ohio case?
It prohibited the use of evidence obtained from illegal searches in state criminal proceedings
What is the significance of the Burdeau v. McDowell case?
It allowed for the use of evidence obtained from private investigators
What is the name of the exception to the Exclusionary Rule, where illegally seized evidence is admissible if an officer had a reasonably objective good faith belief that the warrant was valid?
Good Faith Exception
Under what circumstances can evidence gained during an arrest made on the basis of an erroneous clerical mistake of court employees be admissible?
When the officer had a good faith belief
What is the standard for determining whether the evidence would have been inevitably discovered by lawful means?
Preponderance of the evidence
What is the purpose of the Inevitable Discovery doctrine?
To allow evidence obtained illegally if it would have been inevitably discovered
What is the significance of the case of State v. Olsen, 745 So.2d 454 (Fla. 5th DCA 1999)?
It held that the Fourth Amendment does not apply to private action
What is the significance of the case of State v. White, 660 So.2d 664 (Fla. 1995)?
It held that the Good Faith Exception does not apply in situations where a police officer relies on information that is incorrect due to a police error
What is the significance of the case of Hatcher v. State, 834 So.2d 314 (Fla. 5th DCA 2003)?
It held that evidence obtained during a pat-down search following a stop for a seatbelt violation was admissible
What is the significance of the case of State v. D.D.D., 908 So.2d 1180 (Fla. 2d DCA 2000)?
It held that a police officer's observations supported a stop, but did not justify a pat-down
What is the requirement for the prosecution to establish in order to apply the Inevitable Discovery doctrine?
That the evidence would have been inevitably discovered by lawful means
What is the purpose of the independent source doctrine?
To permit the introduction of evidence initially discovered during, or as a consequence of, an unlawful search, but later obtained independently from lawful activities
What is the purpose of the Good Faith Exception and the Inevitable Discovery doctrine?
To allow evidence obtained illegally if it would have been inevitably discovered or if the officer had a good faith belief
What must the circumstances of the second lawful search have in relation to the initial, unlawful conduct?
No connection to the initial, unlawful conduct
What was the result of the illegal entry by the officers in the Murray v. U.S. case?
The admissibility of the evidence discovered during the illegal entry
What is required for the admissibility of evidence under the inevitable discovery doctrine?
The evidence must have been discovered during a lawful search incident to a lawful arrest
What is the significance of the fact that the officers in the Murray v. U.S. case made no mention of their illegal entry to the issuing judge?
It made the evidence admissible
What is the result of an unlawful search, according to the Fourth Amendment?
The evidence discovered during the unlawful search is inadmissible
What is the purpose of the Fourth Amendment?
To protect people from unreasonable searches and seizures
What must the facts supporting the second search arise from?
A source independent of the initial, unlawful search
Study Notes
Search Warrants
- The concept of search warrants originated from the English Common Law, specifically Article XXXIX of the Magna Carta in 1215.
- A search warrant is required to protect individuals from government intrusion without notice.
- The requirements for search and inspection warrants are governed by Chapter 933 of the Florida Statutes.
Obtaining a Search Warrant
- A police officer must present a judge with information that constitutes probable cause to believe that an offense has been or is being committed at a specific location.
- The application for a warrant must be duly sworn and subscribed, and supported by testimony from witnesses, affidavits, or depositions in writing.
- The judge must examine the totality of the circumstances to ensure that an informant is credible and reliable.
- The officer must show that the informant personally observed or participated in the criminal activity, or provided a detailed description of the activity.
Probable Cause
- Probable cause can be established through a tip from an informant, as seen in State v. Peterson (1999).
- The officer must corroborate the informant's story to establish a "basis of knowledge."
- Probable cause can also be established through other means, such as a "trash pull" or an officer's own observations.
Executing a Search Warrant
- A police officer must quickly apply for a warrant to avoid the information becoming "stale."
- A judge must believe that the property sought is currently at the designated location.
- Courts generally adhere to a 30-day rule of thumb between the events described in the affidavit and the issuance of a search warrant.
- The officer must be careful in preparing the warrant and fill out the paperwork with precision.
Detaining Persons
- An officer can detain persons on the premises during the execution of a search warrant where officers have a reasonable basis to detain.
- Officers may detain anyone found in the residence, regardless of whether or not the occupant is a suspect named in the warrant.
- Officers may use reasonable force in detaining the occupants.
Warrant Language
- A warrant must specify the exact premises to be searched.
- A warrant to search a building does not authorize a search of a vehicle, and vice versa.
- The warrant language must be specific in describing the property to be seized.
Timing
- An officer must execute a search warrant within 10 days of its issuance.
- Only the officer or officers mentioned in the warrant or persons aiding said officers may execute the warrant.
Entry by Force
- An officer may use reasonable force to gain entry only after announcing their purpose and exhibiting the warrant upon request.
- The officer may then break open any outer door, inner door, or window of a house, or any part of a house or anything therein.
- The warrant may be executed in the daytime or nighttime, or even on Sunday if expressly stated in the warrant.
Entry Without "Knock and Announce"
- In certain circumstances, an unannounced or forced entry may be reasonable, such as when there is a likelihood of violence or imminent destruction of evidence.
- The "knock and announce" rule is not an inflexible rule, and the circumstances under which an unannounced entry is reasonable will be determined by the lower courts.
Return of Seized Items
- A written return of all instruments, articles, or things seized shall be made without unnecessary delay before the judicial officer named in the warrant or before any court of competent jurisdiction.
- An inventory of things seized shall be filed with the return and signed under oath by the officer executing the warrant.### Searches Incident to Arrest
- Data on a suspect's cell phone, including texts, emails, photos, and call logs, may not be searched incident to arrest without a warrant.
- However, officers may examine the physical aspects of a phone to ensure it will not be used as a weapon.
- Detainment for intoxication under the Marchman Act is not a criminal arrest and does not support a search incident to arrest of the detainee.
Legitimate Police Booking Procedure
- Taking and analyzing a cheek swab of the arrestee's DNA is a legitimate police booking procedure that is reasonable under the Fourth Amendment.
- This is similar to fingerprinting and photographing.
Exceptions to the General Rule Requiring Search Warrants
- Voluntary consent to search is an exception to the general rule requiring search warrants.
- Courts will not find that an individual consented to a search where the police threaten or use deceptive techniques to coerce the individual.
- Other exceptions include:
- Exigent circumstances (e.g., to prevent the imminent use of a dangerous weapon, or to prevent the potential destruction of evidence)
- Emergency aid (e.g., to protect individuals in distress, to assist victims of crimes, or to investigate a felony in progress)
- Hot pursuit of a fleeing suspect
Exigent Circumstances
- Exigent circumstances may justify a warrantless entry into a citizen's home, including:
- To prevent the imminent use of a dangerous weapon
- To prevent the potential destruction of evidence
- To protect individuals in distress
- To assist victims of crimes
- To investigate a felony in progress
- To prevent a medical emergency
- To respond to a threat to public safety
Case Law
- Riley v. California (2014): Officers must generally secure a warrant before conducting a search of a suspect's cell phone.
- Maryland v. King (2013): Taking and analyzing a cheek swab of the arrestee's DNA is a legitimate police booking procedure that is reasonable under the Fourth Amendment.
- In re J.B. (1993): A warrantless entry into a home to investigate a 911 "disconnect" call was justified by exigent circumstances.
- State v. Barmeier (2004): A warrantless entry into a home to investigate a disturbance was justified by exigent circumstances.
- Michigan v. Fisher (2009): A warrantless entry into a home to respond to a disturbance was justified by the "emergency aid" doctrine.
- Brigham City v. Stuart (2006): A warrantless entry into a home to respond to a loud party was justified by the "emergency aid" doctrine.
- Fields v. State (2013): A warrantless search of a pill bottle was not justified by exigent circumstances.
- Barth v. State (2006): A warrantless entry into a home to investigate a methamphetamine lab was justified by exigent circumstances.
- Ryburn v. Huff (2012): A warrantless entry into a home to investigate a threat to shoot up a school was justified by exigent circumstances.
Other Topics
- Protective sweeps: Officers may conduct a protective sweep of a premises after an arrest to ensure there are no other individuals present who may pose a danger.
- Canine searches: A warrantless "sniff test" by a drug detection dog conducted outside the front door of a private residence violates the Fourth Amendment.
- Abandoned property: Abandoned property can be searched without a warrant.### Abandonment of Property
- If a defendant abandons property, it is not considered a seizure and can be searched without a warrant.
- Examples of abandonment include:
- Leaving a jacket behind with an officer (inference can be made that the defendant did not intend to return for it)
- Abandoning a car after a high-speed chase
- Dropping a gun while fleeing from police
- Note that property is not considered abandoned if the defendant was illegally stopped and submitted to the officer's authority before disposing of it.
- In the case of garbage left at curbside for collection, there is no expectation of privacy, and it can be searched without a warrant.
- If a suspect disclaims ownership of property or any possessory interest, police may use such a denial as sufficient proof of an intent to abandon the property.
Tampering with Evidence
- It is a felony of the third degree to alter, destroy, conceal, or remove evidence (F.S. §918.13).
- Examples of tampering with evidence include:
- Placing drugs in one's mouth and swallowing them
- Throwing an object out of a window or disposing of it in a drainage ditch
- Hiding evidence in a vehicle or under a seat
- Note that merely tossing a bag of cocaine away from one's person in the presence of an arresting officer is not considered tampering with evidence.
Consent
- A lawful warrantless search may be conducted pursuant to consent given by the suspect or a third party with common authority over the premises or effects.
- Examples of valid consent include:
- Consent given by a suspect who shares a residence with the defendant
- Consent given by a man who owns the house where the defendant is staying as a guest
- Consent given by a babysitter or minor child who shares the house with a parent
- Note that a third party cannot validly consent to a search of personal property belonging to another unless there is evidence of both common authority over and mutual usage of the property.
- A driver may consent to a search of an entire vehicle, even if they do not actually own it.
- If one co-occupant of a residence consents to a search, but another co-occupant is also physically present and expressly objects to the search, then any subsequent search and seizure is unreasonable and invalid as to the objecting party.
Canine Searches
- A warrantless "sniff test" by a drug detection dog outside a private residence violates the Fourth Amendment (Jardines v. State, 73 So. 3d 34 (Fla. 2011)).
- However, a warrant is not required to search common areas of a hotel, such as a hallway, and police can allow a drug dog to sniff all room doors (Nelson v. State, 867 So.2d 534 (Fla. 5th DCA 2004)).
Abandoned Property
- Abandoned property can be searched without a warrant (State v. Collins, 874 So.2d 724 (Fla. 2d DCA 2004)).
- Examples of abandoned property include:
- Item left behind after fleeing from the police (State v. Collins, 874 So.2d 724 (Fla. 2d DCA 2004)).
- Unattended car left in the middle of the street after a high-speed chase (Diaz v. State, 548 So.2d 843 (Fla. 3d DCA 1989)).
- Contraband abandoned during flight from the police (State v. T.M., 248 So. 3d 172 (Fla. 4th DCA 2018)).
- However, property is not legally abandoned if the defendant was illegally stopped and submitted to the officer's authority before disposing of it (California v. Hodari D., 499 U.S. 621 (1991); State v. Anderson, 591 So.2d 611 (Fla. 1992)).
Tampering with Evidence
- It is a felony of the third degree to alter, destroy, conceal, or remove evidence (F.S. §918.13).
- Examples of tampering with evidence include:
- Placing drugs in one's mouth and swallowing them (State v. Jennings, 666 So.2d 131 (Fla. 1995); E.L. v. State, 25 So. 3d 625 (Fla. 2d DCA 2009)).
- Throwing an object out of the window of a truck during a traffic stop (Chapman v. State, 36 So.3d 822 (Fla. 5th DCA 2010)).
- Dropping a bag of cocaine into a drainage ditch (Hayes v. State, 634 So.2d 1153 (Fla. 4th DCA 1993)).
Consent
- A lawful warrantless search may be conducted pursuant to consent given by the suspect (Jorgenson v. State, 714 So.2d 423 (Fla. 1998)).
- Consent may be given by:
- The suspect themselves (Jorgenson v. State, 714 So.2d 423 (Fla. 1998)).
- A third party with common authority over the premises or effects (Illinois v. Rodriguez, 497 U.S. 177 (1990)).
- A minor child who shares a house with a parent who is absent (Saavedra v. State, 622 So.2d 952 (Fla. 1993); Gonzalez v. City of Tampa, 776 So.2d 290 (Fla. 2d DCA 2000)).
Curtilage and Open Fields
- The area around the home, known as the "curtilage," enjoys the same constitutional protections as the home itself (U.S. v. Dunn, 480 U.S. 294 (1987)).
- The extent of the curtilage is determined by factors such as:
- Proximity to the home.
- Whether the area is enclosed.
- The types of activities for which the homeowner uses the area.
- Measures taken by the resident to guard the area from observation by people passing by (U.S. v. Dunn, 480 U.S. 294 (1987)).
- Examples of areas within the curtilage include:
- A fenced-in backyard (Maggard v. State, 736 So.2d 763 (Fla. 2d DCA 1999)).
- Examples of areas outside the curtilage include:
- A driveway abutting an alleyway (Ruiz v. State, 743 So.2d 581 (Fla. 4th DCA 1999)).
- A carport exposed to public view (State v. Duhart, 810 So.2d 972 (Fla. 4th DCA 2002)).### Open Fields and Privacy Expectation
- Courts have ruled that people do not have a reasonable expectation of privacy in open fields or activities conducted there, as it is not a constitutionally protected zone of privacy.
- Therefore, the Fourth Amendment is not implicated when law enforcement officials survey structures or activities in an open field.
- Examination of objects in an open field does not constitute a search, and no warrant or exception to the warrant requirement is needed to seize articles in an open field.
Electronic Surveillance
- Use of a nightscope or binoculars under certain circumstances may not be a search requiring a warrant.
- However, police cannot use a device not in general public use to explore details of the home without first obtaining a warrant (Kyllo v. U.S., 2001).
- Electronic surveillance, such as wiretapping, is subject to strict compliance with a valid search warrant and the wiretap statute (Chapter 934).
Pen Registers and Cell Phone Records
- Use of a pen register (a device that records the numbers dialed on a telephone) is not a search and does not violate the Fourth Amendment.
- Obtaining records for a cell phone from a service provider showing the numbers dialed from and received by the phone without a warrant or court order is not a violation of constitutional rights.
- However, police may need a court order to intercept information transmitted to a defendant's pager when the information contains identifying information about the caller.
Cell Site Location Information (CSLI)
- Admission of historical cell phone site evidence, which identifies the relay tower or towers through which a customer's calls are handled, does not violate the Fourth Amendment.
- Historical cell site information discloses only a defendant's past location and does not pinpoint their current location in a private area.
- The government's acquisition of defendant's historical CSLI is a search under the Fourth Amendment, requiring a warrant in the absence of an exception such as exigent circumstances.
Evidence and Search Seizure
-
Plain View Doctrine: permits the warrantless seizure of evidence in plain view, meeting three criteria:
- Evidence must be seen from a lawful vantage point.
- It must be immediately apparent that the object is incriminating evidence.
- The officer must have a right of lawful access to the object.
- Plain Smell Doctrine: by analogy, the odor of marijuana emanating from a car or driver is sufficient probable cause to justify a search of the entire car, including the passenger compartment and trunk.
-
Administrative Searches: specific requirements for searches in certain situations, such as:
- Fish and Wildlife (F.S. §§ 370.021, 372.07)
- Nursing homes (F.S. § 400.19)
- Assisted living facilities (F.S. § 400.434)
- Pollution control (F.S. § 403.091)
- Fruits of a Weapons Search: police do not need a warrant to seize narcotics while frisking a suspect for concealed weapons, as long as the contraband is instantly recognizable by "plain feel."
- School Searches: a principal or designated school employee has the authority to search a student's locker if they have a reasonable suspicion of a prohibited or illegally possessed substance or object.
Probation and Parole
- Warrantless Search of Probationers/Parolees: a parole officer can conduct a warrantless search of a person or their residence as a condition of their parole.
- Limitations: the results of the warrantless search are limited to parole proceedings and cannot be used in a criminal proceeding, unless the search meets customary search and seizure standards.
Exclusionary Rule
- Definition: the rule that prohibits the use of illegally obtained evidence in a criminal trial.
- Exceptions: the "Good Faith Exception" and the "Inevitable Discovery" doctrine.
Good Faith Exception
- Definition: where illegally seized evidence was acquired pursuant to a defective warrant, but an officer had a reasonably objective good faith belief that the warrant was valid.
- Cases: U.S. v. Leon (1984), Arizona v. Evans (1995), Bunse v. State (1995)
Inevitable Discovery
- Definition: if the prosecution can establish by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means.
- Cases: Nix v. Williams (1984), Hatcher v. State (2003), State v. D.D.D. (2005)
Independent Source
- Definition: the doctrine permits the introduction of evidence initially discovered during, or as a consequence of, an unlawful search, but later obtained independently from lawful activities untainted by the initial illegality.
- Case: Murray v. U.S. (1988)
Learn about the origins of search warrants in English Common Law and their incorporation into the US Constitution and state constitutions. Legal Guideline #14
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