Business Law Chapter 4 The Supreme Court Rejected This Argument Holding

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o The arrestee is unsecured and within reaching distance of the

A. Vehicle searches incident to the custodial arrest of an occupant. Police may search the interior

compartment of a vehicle incident to arrest of a vehicle occupant or recent occupant only if:

1. The arrestee is unsecured and within reaching distance at the time of the search. (This scenario is

rare because sound police practice require officers to secure the arrest scene before performing a

search.) OR

2. Police have reason to believe that evidence relevant to the crime of arrest might be found in the

vehicle. The offense for which the arrest is made is the most important consideration. When the

3. Search boundaries. When police have authority to search a vehicle incident to arrest, their

authority extends to the passenger compartment (i.e., seats, floor, glove compartments, consoles,

etc.) and everything inside (i.e., luggage, handbags, boxes, bags, briefcases, clothing, etc.) that is

capable of housing the objects of their search, but not to the engine area or trunk.

▪ Arizona v. Gant (Part II). Gant was arrested for driving with a suspended license, handcuffed,

and locked in the back of a patrol car. Police then searched the interior compartment of his

PowerPoint Slide 20. Vehicle Searches Based on Probable Cause (“Automobile Exception”)

• When police have probable cause to believe that a vehicle

contains criminal evidence or contraband, they may search

any part of the vehicle from bumper to trunk (and any

§ 4.11 Search of Vehicles Based on Probable Cause (“Automobile Exception”)

A. Grounds for search authority. Police may search a motor vehicle without a warrant whenever they

B. Search boundaries. Search authority extends to the entire vehicle from bumper to bumper. Police may

search any part of the vehicle—passenger compartment, glove compartment, trunk, under seats, behind

panels, etc.—in which the objects of their search could fit. They may also look inside packages and

containers, regardless of their ownership.

▪ Wyoming v. Houghton (Part II). A police officer noticed a hypodermic syringe in the driver’s

shirt pocket during a traffic stop for a speeding violation. When the driver admitted that he used

the syringe to shoot drugs, the officer had probable cause to believe that there were illegal drugs

in the car, activating the motor vehicle exception to the warrant requirement. The officer searched

C. Timing of search. The search may be conducted at the scene or later when the vehicle reaches the

impoundment lot. The timing of the search has virtually no bearing on validity

PowerPoint Slide 21. Vehicle Inventory Search

• Purpose is to:

o Secure owner’s valuables

o Protect the police department against liability for loss

and theft

• Police must:

o Have legal authority to impound the vehicle

§ 4.12 Inventory Searches of Impounded Vehicles

A. Grounds for search authority. For an inventory search to satisfy Fourth Amendment requirements: (1)

police must have legal authority to impound the vehicle, (2) the decision to impound must be

reasonable, and (3) the search must be conducted according to standardized procedures for

inventorying the contents of impounded vehicles.

B. Search Boundaries. The scope and intensity of the search must conform to the department’s inventory

§ 4.13 Searches of Protected Premises

A. General searches of colonists’ homes was the chief evil against which the Fourth Amendment was

directed. Police may not enter a home or private business premises without a warrant unless the entry

is: (1) made with consent, or (2) justified by exigent circumstances.

§ 4.14 Premises Protected by the Fourth Amendment

1. Curtilage. Fourth Amendment protection for the home also extends to areas immediately

surrounding the home, to which the ordinary activities of home life extend. This area is called the

curtilage. Courts use the following criteria to decide whether a particular area is within the

curtilage: its proximity to the dwelling, whether it is included within an area surrounding the

dwelling that is enclosed by a fence, whether the area is used to support the normal activities of

the home (such as a garage or a vegetable garden), and the steps taken by the residents to protect

the area from public view.

▪ United States v. Dunn (Part II). DEA agent crossed over the perimeter fence of the

defendant’s ranch and several interior fences, and approached two barns located approximately

50 yards from the fence surrounding the defendant’s home. Smelling phenylacetic acid coming

from the direction of the barns, they looked inside both barns without entering and used a

flashlight to illuminate the interior. They observed a phenylacetone laboratory in the larger

barn, departed, and obtained a search warrant. The defendant moved to suppress the evidence

▪ Florida v. Jardines (Part II). Police violated the Fourth Amendment when they employed a

drug-sniffing dog on the suspect’s front porch to sniff for the odor of marijuana without a

▪ Powell v. State (Part II). Police exceeded their implied license to enter the curtilage for

purpose of conducting a knock-and-talk when, after knocking on front door of mobile home

2. Open fields. “Open fields” is a phrase used to describe outdoor spaces that are not within the

curtilage. The Supreme Court has determined that owners lack a reasonable expectation of privacy

in “open fields.” Accordingly, police do not need search authority to search outdoor spaces unless

the outdoor space is within the curtilage of a private residence. While police may approach and

look inside the windows of outbuildings, such as barns, located in open fields, they may not enter

them without search authority.

B. Business premises. Fourth Amendment protection for business premises turns on whether they are open

to the public. Police do not need a search warrant to go anyplace that members of the public are invited

to enter. However, entry upon premises or portions of premises that are not open to the public, such as

private offices, constitutes a search.

§ 4.15 Entry and Search of Premises Under a Warrant

A. Search authority conferred by a search warrant.

1. Scope of the search

PowerPoint Slide 22. Premises Searches with Warrant

2. Authority to detain, frisk, and search occupants during execution of search warrant

PowerPoint Slide 23. Detaining, Frisking, and Searching Occupants During Execution

of Warrant

The occupants may be:

▪ Bailey v. United States (Part II). Rule allowing officers executing a search warrant to detain

B. Search authority conferred by an arrest warrant. When police arrest a person with an arrest warrant

inside their home, they may:

1. Search the premises to the degree necessary to locate the person to be arrested.

§ 4.16 Entry and Search of Premises under a Warrant Exception

There are only two bases for searching private premises without a search warrant: (1) exigent circumstances

and (2) consent.

PowerPoint Slide 24. Exigent Circumstances

Police may make a warrantless entry into a private residence when

they:

A. Exigent circumstances.

1. Grounds for search authority. The exigent circumstances exception authorizes the police to make

a warrantless entry when:

a. they have reason to believe that life or property is in imminent danger or that a serious crime

is in progress;

▪ Brigham City, Utah v. Stuart (Part II). Police may enter a home without a warrant when

they have an objectively reasonable basis for believing that an occupant is seriously

injured or imminently threatened with such injury.

2. Search boundaries. When an entry is made under the exigent circumstances exception, search

authority is limited to actions immediately necessary to address the exigency that justified the

3. Review question. While patrolling a residential neighborhood late at night, Officer Collins heard

the sound of breaking glass followed by a burglar alarm. Concerned that a burglary was in

progress, Collins entered the house through the unlocked front door and began searching for the

4. Police-Created Exigent Circumstances. Police may enter a residence without a warrant under a

claim of “exigent circumstances” even though the exigent circumstances are the direct result of

their prior actions so long as their prior actions do not involve an actual or threatened violation of

the Fourth Amendment.

▪ Kentucky v. King (Part II). Officers followed a suspected drug dealer into an apartment

complex. Uncertain whether the man fled into the apartment on the left or the right, they

picked the apartment on the left (which was the wrong apartment) because they smelled a

strong odor of marijuana wafting around the door. They knocked forcefully and shouted

“Police!” No one answered, but they heard people moving around inside, which they

interpreted as an attempt to destroy evidence. The officers kicked in the door and found

B. Consent. Valid consent will justify a warrantless entry onto private premises.

1. Actual consent. Actual consent given by a person who appears to have authority is necessary in

order to enter a home or its curtilage. The requirements for a valid consent search were previously

covered in §4.3 of this outline.

2. Implied consent to administrative searches. Statutes often grant government agencies charged

with enforcement of government regulations the authority to conduct warrantless inspections of

businesses to check for compliance. Courts have upheld such authority on the theory that a person

who undertakes a business impliedly consents to inspections required by law.

PowerPoint Slide 25. Exclusionary Rule

PowerPoint Slide 26. Exceptions to Exclusionary Rule

Suppression is not required if:

• Same evidence inevitably would have been discovered through

lawful means

§ 4.17 The Exclusionary Rule

A. Statement of the exclusionary rule. The exclusionary rule is a judicially created remedy developed by

B. Standing. Only a person whose Fourth Amendment rights were violated by an illegal search and seizure

C. Exceptions to the exclusionary rule. The Supreme Court has recognized the following exceptions to

the exclusionary rule.

1. Inevitable discovery. Suppression is not required of evidence obtained through an illegal search

2. Good faith. Suppression is not required of evidence obtained in violation of the Fourth Amendment

if the court finds that the officer who performed the search acted in objective good faith. The most

▪ Herring v. United States (Part II). Police arrested and searched Herring after receiving

erroneous information from a clerk in a neighboring county that there was an outstanding

warrant for his arrest. The warrant had been recalled, but this information had, for some

reliance on mistakes made by third parties outside law enforcement.

▪ Davis v. United States (Part II). The good faith exception to the exclusionary rule applies

when police conduct a search in objectively reasonable reliance on a binding judicial precedent

that is overruled before the case comes to trial.

3. Illegality in the Manner of Entering to Execute a Valid Search Warrant. Suppression is regarded

4. Impeachment. Although illegally seized evidence may not be offered by the prosecution to prove

5. Use outside the criminal context. Although the exclusionary rule bars introduction of illegally

seized evidence to establish a defendant’s guilt at his or her criminal trial, there are a number of

proceedings, such as grand jury hearings, parole hearings, and civil trials, to which the

exclusionary does not apply and in which illegally seized evidence can be admitted.

Student Review Questions (Answers are provided at the end for questions that have asterisks beside them.)

1. What was the historical abuse that led to the adoption of the search and seizure clause of the Fourth

Amendment? (§4.2)

4. A search today can occur in one of two ways. What are the two ways? (§4.2)

5. What four locations are mentioned in the Fourth Amendment as having constitutional protection?

(§4.2)

*6. An irate employee breaks into his boss’s locked file cabinet, steals an incriminating letter that bears

his employer’s signature, and takes it to the police. May the police use the stolen letter as evidence?

(§4.2)

7. When is something considered in “open view”? Why are police observations of matters in open view

not considered searches? (§4.2)

*8. Do any of the following police investigative activities involve searches within the meaning of the

Fourth Amendment? Explain why or why not. (§4.2)

a. Looking inside the passenger compartment of a car, parked on a public street, without opening the

door.

b. Shining a flashlight to illuminate the interior of the automobile so the officer can see better.

9. Searches for criminal evidence are called “full searches.” What does the Fourth Amendment require

for a full search? (§4.3)

10. There are four exceptions to the warrant requirement that permit full searches. Identify them. (§4.3)

11. What is the purpose of a limited weapons search? What does the Fourth Amendment require for a

limited weapons search? (§4.3)

12. What is the purpose of an inventory search? On what occasions are inventory searches likely to be

conducted? What does the Fourth Amendment require for an inventory search? (§4.3)

13. Define the term seizure. (§4.4)

*14. Indicate whether the following police actions involve a seizure and explain why or why not. (§4.4)

a. Taking objects from a garbage can that has been placed on the curb for collection.

b. Removing checked luggage from an airport baggage cart, subjecting it to a canine examination,

and putting it back in time to be placed on the intended flight.

15. What does the Fourth Amendment require to seize property for use as evidence? (§4.4)

16. Identify the four categories of articles that may be seized as evidence. (§4.4)

*19. Suppose that police, while investigating a domestic violence complaint in the neighboring home,

observe marijuana plants growing in Sam’s fenced backyard. May they enter through the gate and seize

the plants under the plain view doctrine? (§4.4)

20. Under what circumstances may an officer temporarily detain a container pending the issuance of a

search warrant? (§ 4.4)

21. When may an officer subject a container to a canine examination? (§4.4)

22. What four things does the language of the Fourth Amendment require for the issuance of a search

warrant? (§4.5)

23. What three things must an officer’s affidavit establish in order to support a finding of probable cause

for the issuance of a search warrant? (§4.5)

27. What justifications support the exception to the warrant requirement for searches incident to arrest?

What, besides the suspect’s clothing, is included in a search of the arrest individual’s person? Are

handbags and wallets included? When and where must the search be performed? What does the phrase

“under the arrestee’s control” mean? Time-wise, when must police search objects under the arrestee’s

control? (§4.8)

30. What four exceptions to the search warrant requirement besides consent apply to motor vehicles?

Which of these exceptions allow police to search the trunk? (§4.9)

31. When do police have the authority to conduct a vehicular limited weapons search? What parts of the

vehicle may be searched? What is the permissible intensity of the search? (§4.10)

*32.Under what circumstances, if any, may a vehicle be searched incident to a motorist’s arrest for: a)

Speeding? b) Drunk driving? c) What parts of the vehicle may be searched? (§4.10)

33. What is the justification for the motor vehicle exception to the warrant requirement? What parts of the

vehicle may be searched under this exception? Within what time frame must the search be performed?

(§4.11)

34. What two requirements does the Fourth Amendment impose for an inventory search? What are the

permissible scope and intensity of this search? (§4.12)

35. When, if ever, may the police physically enter a residence without a warrant of any kind? (§§4.13–

4.16)

39. When may police detain persons on the premises covered by a search warrant? (§4.15)

40. When may police frisk persons on the premises covered by search warrant? (§4.15)

41. When may police search persons on the premises covered by a search warrant for objects listed in the

warrant? (§4.15)

43. What three circumstances are considered sufficiently exigent to justify a warrantless entry onto private

premises? What is necessary to have authority to enter under each circumstance? What search activity

is permissible when a warrantless entry is made to prevent destruction of evidence? (§4.16)

44. Who has standing to challenge the introduction of illegally seized evidence? (§4.17)

45. What are the five exceptions to the exclusionary rule? (§4.17)

46. What is the most important application of the good faith exception to the exclusionary rule? (§4.17)

ANSWERS:

6. Private party searches are not covered by the Fourth Amendment. Police may use the fruits of private

party searches when they are performed without government complicity. Even though it would

14. a. Removing articles from a garbage can that has been placed on the curb for collection is neither

18. Police may not seize the notebook under the plain view doctrine because its incriminating nature

19. Even though police were lawfully present in the neighbor’s back yard when they discovered plants

32. Arizona v. Gant recognized two justifications for searching a vehicle incident to the arrest of an