Constitutional law 14th edition jacqueline kanovitz pdf

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Fourteenth Edition I Jacqueline R. Kanovitz

-arch and Seizure

e right of the people to be secure in their persons, houses, papers, and -ects, against unreasonable searches and seizures, shall not be violated,

d no Warrants shall issue, but upon probable cause, supported by Oath ~affirmation, and particularly describing the place to be searched, and e persons or things to be seized.

Fourth Amendment

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Chapter Outline

4.1 Overview of the Law of Search and Seizure 4.2 - Definition of a Search 4.3 - Sources of Search Authority 4.4 -Fourth Amendment Requirements for Seizing Property 4.5 - The Fourth Amendment Search Warrant 4.6 Searches Involving People and Personal Effects 4. 7 - The Terry Search Revisited 4.8 - Search Following a Custodial Arrest 4.9 Vehicle Searches 4.10 - Search ofVehicles Pursuant to a Detention or Arrest 4.11 - Search of Vehicles Based on Probable Cause ("Automobile

Exception") 4.12 - Inventory Searches oflmpounded Vehicles 4.13 Search ofProtected Premises 4.14 -Premises Protected by the Fourth Amendment 4.15 -Entry and Search ofPremises Under a Warrant 4.16 - Entry and Search of Premises Without a Warrant 4.17 The Exclusionary Rule 4.18 Summary and Practical Suggestions 243 Notes

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121 TERMS AND CONCEPTS

ipatory search warrant --oarent authority

::.:~ ·ainer

::.: raband __ ·rage

lly valid warrant

(of a crime) (of an il legal search

-· eizure) :: _ search

undment mentalities ity (of a search)

- - ntory search ~ igatory detention

Limited weapons search Mere evidence Open fields Open view Pat down Plain view doctrine Probable cause (to arrest) Probable cause (to search) Probable cause (to seize) Protective sweep Reasonable expectation of

privacy Scope (of a search) Search Search warrant Seizable evidence of crime Seizure (of persons) Seizure (of things)

1 Overview of the Law of Search and Seizure

:he Fourth Amendment regulates three activities in addition to those covered in ·er 3: (1) searching persons for evidence, (2) searching places and things for

e, and (3) seizing evidence. These three activities are grouped together into a _ ~ ategory called "search and seizure" law. The work that police officers do often

s them to coordinate the rules covered in Chapter 3 with those covered in Chap- - Gathering evidence is usually necessary to develop probable cause for an arrest. ~-er evidence gathering generally occurs during an arrest and often afterward to = p the case for trial. The same Fourth Amendment language that regulates inves-

- - •. detentions and arrests also regulates searches and seizures. It should, therefore, no surprise that the requirements in both contexts are similar.

:e will begin this chapter by examining a recent police investigation known as the Case of the Artless Art Thief. What makes this case unique is that Inspector

-:o ·s compliance with the Fourth Amendment was, for once in his career, = able.

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174 CoNSTITUTIONAL LAw FOR CRIMINAL JusTICE § 4.:

The Curious Case of the Artless Art Thief

Prologue

Several summers ago, a collec- tion of famous works of art on loan from the Louvre museum in Paris, was on tour in the United States and exhibited in various local museums. While these works were on display at the Whosville Art Insti- tute, a brazen burglary took place. The burglar broke in under cover of night and stole two paintings- Leonardo do Vinci's Mona Usa and Marcell du Chump's Nude Descending a Fireman 's Pole. There were no witnesses and the only physical evidence recovered by the Whosville Police Depart- ment (WPD) at the crime scene was a single left-handed white glove bearing the monogram SS.

The Investigation

The WPD's finest Inspector Clueso, surmised that the glove belonged to none other than Sticky-Fingered Sam, Whosville 's most infamous criminal. Glove in hand, Clueso headed straight to the local magistrate, Judge Stick- ler, and requested a warrant to search Sam's home. After review- ing the evidence, Stickler denied the warrant exclaiming with exasperation:

"You dunce, you should know by now that a glove bearing the initials SS is not enough evidence to establish probable cause to believe that the stolen works of

art wi ll be found in Sam's house. You had no business asking for a search warrant on such meager evidence. It shows a complete dis- regard for the rights of the citizens who elected me."

Undaunted, Clueso set up sur- veillance outside Sam 's home. He waited on the street outside Sam's house each morning, followed Sam to his office, waited outside, and then followed Sam home again. In the evenings, when Sam took his garbage out to the curb, Clueso rummaged through the cans, looking for incriminating materi- als. He also put in a requisition for a pair of Super-Spy X-Ray Binocu- lars, explaining that he needed the equipment to look through Sam's wal ls. His request was denied with advice that he "could get in big trouble for using a device like that without a search warrant."

After one week, Clueso had observed nothing unusual, but his garbage rummaging had turned up several art magazines and a receipt for one pair of gloves. Once again Clueso applied for a search warrant and once again was told that his evidence was .. not sufficient to satisfy the Fourth Amendment.

Feeling like a failure, Clueso sank into a depression and was unable to work for several weeks. However, on the first night that he returned to work, Clueso hit what he thought would be a pay dirt-a

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~---handed white glove, dis- ::-ded in Sam's garbage, bear- ;; -he initials SS. This time Stickler

_ :;;-eed that there was probable - _:_.se, but not the kind for which ~ had hoped. The matching : e, considered in combina- :- with Sam's criminal record,

~- :1blished probable cause to :-=eve that Sam committed the =~, allowing for issuance of an