Transcript Document

Chapter 14
 Obtaining
Physical and
other Evidence
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Obtaining Physical and other
evidence
 Real
evidence
 Must be “tangible,” such as
a weapon, drugs, cash,
records, etc.
 Also referred to as Physical
evidence
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Examples of physical evidence:
 Weapons
(guns, knives, etc)
 Illegal drugs
 Fingerprints
 Clothing
 Documents
 Footprints
 Hair
 Blood
 Grass marks or other stains on
clothing
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Obtaining physical evidence
from the person of a suspect
Encounters between citizens & police
include:
 Voluntary encounters or “Consensual”
stops
 The investigative stop or Terry stop
 An arrest based on probable cause to
believe that the person has committed a
crime

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Obtaining evidence and
information by means of voluntary
conversations
 Most
persons will engage in
voluntary conversations,
however, with law enforcement
officers.
 If at some point they wish to
discontinue the conversation,
they may do so.
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“Free to leave” test

The test used by courts to determine
whether such situations are
voluntary or not is the free to leave
test , which is defined by the U.S.
Supreme Court as follows:
 A person has been “seized” within
the meaning of the Fourth
Amendment only if in view of all
the circumstances surrounding the
incident, a reasonable person
would have believed that he was
not free to leave.
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Terry Stops
 The
amount of evidence known as
reasonable suspicion is needed to
authorize an investigative detention,
or Terry Stop.
 Reasonable suspicion is less than
probable cause
 Terry
v Ohio (1968)
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Stop & Frisk
Terry v Ohio also established the
“Stop & Frisk” or “Pat-Down” rules
 The police must have “reasonable
suspicion both to stop someone
and…
 To “pat down” their outermost
garments for WEAPONS ONLY, based
on…
 A “reasonable suspicion” their safety
is in jeopardy!

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Searches that can be justified
during an investigative
detention


Consent to search would have to be voluntarily
and clearly given. Consent searches would be
limited to the area or object consented to the
searched.
Protective search can be made if an officer who
has made a valid investigative stop has
reasonable suspicion to believe that the suspect
“ may be armed and presently dangerous.
TERRY RULES APPLY TO STOP & FRISKS!
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Searches that can be justified
during an investigative
detention cont…

Anonymous tips require “indicia of
reliability”, that is corroborating
information from the person giving
the tip showing that person to have
“predictive information” about the
suspects behavior that allowed the
police to judge the reliability of the
anonymous stop.
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Obtaining physical evidence
during and after an arrest
A
search for weapons
and evidence of the
crime may be made in
the search incident to
an arrest.
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Obtaining physical evidence
during and after an arrest
cont…..


Protective sweep or safety check:
Arresting officers have a right to conduct a
quick and cursory check of the arrestee’s
lodging immediately subsequent to arrest even
if the arrest is near the door but outside the
lodging where they have reasonable grounds to
believe that there are other persons present
inside who might present a security risk.
Note: This is for PEOPLE, NOT “Evidence!”
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Evidence obtained during
inventory searches

The U.S. Supreme Court listed the
following for inventorying property that is
being held by the police:
 The protection of the owner’s property
while it remained in police custody
 The protection of the police against
claims or disputes over lost or stolen
property
 The protection of the police from
potential danger
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Evidence obtained during
inventory searches
 Inventory
searches: are not
“searches” for incriminating
evidence.
 They are a common and sensible
police procedure to determine
what the law enforcement
agency is responsible.
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Searches of Private Premises
 Arrest
Warrants vs. Search
Warrants
 In Arrest Warrants, you’re
looking for a PERSON
 In Search Warrants, you’re
looking for EVIDENCE
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Authority needed by police officers
to enter private premises


Arrest Warrants:
Carries with it the limited authority to
enter a dwelling in which the suspect
lives when their is reason to believe
the suspect is within, police may
enter under the following limitations:
 Entry with an arrest warrant is
limited to a suspect’s own residence
and
 “Where there is reason to believe
the suspect is within”
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Authority needed by police
officers to enter private
premises
 Search Warrant:
 if the conditions from an arrest
warrant do not exist, law officers
should obtain a search warrant in
addition to the arrest warrant: or
they could wait until the suspect
appears in a public place to make an
arrest.
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Searching Homes
 Officers
must comply with knock &
notice when serving arrest and
search warrants:
 Absent
exigent circumstances,
an officer must have an …
 arrest warrant to justify a
nonconsensual entry into a
residence to make an arrest.
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Otherwise…

To enter a home you must have:
Consent
 Warrant
 Exigent Circumstances



This is based on the “Castle Exception,”
E.g., a “man’s home is his castle,” and
should be protected from government
intrusion
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Vehicle stops





Police need at least “reasonable suspicion”
to make a stop
Most are temporary, brief and public
It does “curtail one’s freedom of
movement”
Drivers and Occupants may be questioned
All occupants may be ordered out of the
vehicle
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Evidence during traffic stops


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Plain-view doctrine may allow officers to
“seize” evidence that they can “see” while
in “plain view.”
This can give probable cause to search the
entire vehicle!
Consent can be also used to ok a search
Police have an “Automobile Exception” to
search vehicles that is unique…
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The Automobile Exception
Carroll v U.S. (1925)
 Established the “Carroll Rule,” or the
PROBABLE CAUSE rule in dealing with
vehicles.
 Essentially, because vehicles can be
moved easily, and evidence destroyed,
etc., the police can search the vehicle
where it is, as long as they can articulate
PROBABLE CAUSE for the search.
 A warrant is not needed, nor is consent,
as long as PC is present

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Key Cases
Carroll v. U.S. 45 S. Ct. 280 (1925)
 U.S. v. Ross, 102. S. Ct. 2157 (1982)


Ross extended searches to the
ENTIRE vehicle, including the
trunk as well as closed
containers, AS LONG AS THE
POLICE HAD A LEGAL REASON
TO STOP THE VEHICLE AND
PROBABLE CAUSE TO SEARCH!
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