Chapter 4
Search and Seizure
Constitutional Law
13th Edition
Introduction
The right of the people to be secure in their
persons, houses, papers, and effects, against
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Search
A search occurs whenever police invade a
suspect’s reasonable expectation of privacy, either
by:
•Physically intruding into a constitutionally
Protected Locations
•Persons
oParts of the body and clothing not exposed to
the public
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Nonsearch Investigative Activity
The Fourth Amendment does not treat the
following activities as searches:
•Searches and seizures performed by private
parties without government complicity
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Lawful Searches
•Act under a recognized source of authority
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Probable Cause
To obtain a search warrant, an officer must
possess facts sufficient to warrant a person of
reasonable caution to believe that:
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Searches without a Warrant
Police must obtain a search warrant to conduct a
full search, except when they:
•Obtain consent from someone who has the
authority to give it
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Seizure
A seizure, in the Fourth Amendment sense, occurs
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Police May Seize as Evidence
•Fruits of a crime
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Evidence in Plain View
Evidence is considered in plain view only if:
•Initial intrusion is lawful
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Plain View during a Terry Stop
•Feel an object in the course of a weapons pat-
down
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Search Incident to an Arrest
•Arises whenever police make a custodial arrest
• Extends to an arrestee’s person and everything
under arrestee’s immediate control
arrestee has been secured
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Vehicle Limited Weapons Search
•Sole object of the search is weapons
•Must have reasonable suspicion that weapons
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Vehicle Inventory Search
•The purpose is to:
oSecure owner’s valuables
•Must have:
oLegal authority to impound the vehicle
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Premises Searches with Warrant
•Scope of the search extends to:
oResidence
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Searching Occupants with a Search Warrant
•The occupants may:
oBe detained, as a matter of course, during the
search
oBe frisked only if officers have Terry grounds
for a frisk
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Exigent Circumstances
•Probable cause to believe that:
oLife or property is in imminent danger
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Exclusionary Rule
The exclusion of evidence is a criminal
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Exceptions to Exclusionary Rule
Suppression is not required if:
•Same evidence inevitably would have been
discovered through lawful means
•Officer acted in objective good faith
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