1 Chapter 14 Obtaining Physical and Other Evidence.

11

Chapter 14Chapter 14

Obtaining Physical and Obtaining Physical and

Other EvidenceOther Evidence

22

Obtaining Physical and Other Obtaining Physical and Other EvidenceEvidence

Real evidenceReal evidence Must be “tangible,” such as a Must be “tangible,” such as a weapon, drugs, cash, records, etc. weapon, drugs, cash, records, etc.

Also referred to as physical evidenceAlso referred to as physical evidence

33

Examples of Physical EvidenceExamples of Physical EvidenceWeapons (guns, knives, Weapons (guns, knives, etc.)etc.)

Illegal drugsIllegal drugsFingerprintsFingerprintsClothing Clothing Documents Documents FootprintsFootprintsHairHairBloodBloodGrass marks or other stains Grass marks or other stains on clothingon clothing

44

Obtaining Physical Evidence Obtaining Physical Evidence From the Person of a From the Person of a

SuspectSuspect Encounters between citizens & police Encounters between citizens & police

include:include: Voluntary encounters or “consensual” Voluntary encounters or “consensual”

stopsstops The investigative stop or The investigative stop or Terry stopTerry stop An arrest based on probable cause to An arrest based on probable cause to

believe that the person has committed believe that the person has committed a crimea crime

55

““Terry” Stops (Cont.)Terry” Stops (Cont.)

The issue of reasonable suspicion for The issue of reasonable suspicion for these stops often rises in the courts.these stops often rises in the courts.

The Supreme Court has ruled in The Supreme Court has ruled in some cases that while any one factor some cases that while any one factor might be insufficient, the totality of might be insufficient, the totality of the circumstances would support an the circumstances would support an investigative vehicle stop.investigative vehicle stop.

66

Importance of “Stop and Importance of “Stop and Identify” LawsIdentify” Laws

Many, but not all, states have laws that Many, but not all, states have laws that require an individual stopped to respond require an individual stopped to respond to an officers’ request to identify him- or to an officers’ request to identify him- or herself.herself.

The Supreme Court held in The Supreme Court held in Hibel v. Sixth Hibel v. Sixth Judicial District Court of NevadaJudicial District Court of Nevada (2004) (2004) that “. . . asking questions is an that “. . . asking questions is an essential part of police investigations. . . essential part of police investigations. . . .”.”

77

Obtaining Evidence and Obtaining Evidence and Information by Means of Information by Means of Voluntary ConversationsVoluntary Conversations

Most persons will engage in Most persons will engage in voluntary conversations, however, voluntary conversations, however, with law enforcement officers. with law enforcement officers.

If at some point they wish to If at some point they wish to discontinue the conversation, discontinue the conversation, they may do so. they may do so.

88

““Free to Leave” TestFree to Leave” Test The test used by courts to determine The test used by courts to determine

whether such situations are whether such situations are voluntary or not is the voluntary or not is the free to leave free to leave testtest, which is defined by the U.S. , which is defined by the U.S. Supreme Court as follows:Supreme Court as follows: A person has been “seized” within A person has been “seized” within

the meaning of the Fourth the meaning of the Fourth Amendment only if in view of all Amendment only if in view of all the circumstances surrounding the the circumstances surrounding the incident, a reasonable person incident, a reasonable person would have believed that he was would have believed that he was not free to leave.not free to leave.

99

Terry StopsTerry Stops The amount of evidence known as The amount of evidence known as

reasonable suspicionreasonable suspicion is needed to is needed to authorize an investigative authorize an investigative detention, or Terry Stop.detention, or Terry Stop.

Reasonable suspicionReasonable suspicion is is less than less than probable causeprobable cause

Terry v. Ohio Terry v. Ohio (1968)(1968)

1010

Stop & FriskStop & Frisk Terry v. OhioTerry v. Ohio also established the also established the

“Stop & Frisk” or “Pat-Down” rules“Stop & Frisk” or “Pat-Down” rules The police must have “reasonable The police must have “reasonable

suspicion both to stop someone, suspicion both to stop someone, and . . .and . . .

To “pat down” their outermost To “pat down” their outermost garments for garments for WEAPONS ONLYWEAPONS ONLY, , based on . . .based on . . .

A “reasonable suspicion” their A “reasonable suspicion” their safety is in jeopardy! safety is in jeopardy!

1111

Searches That Can Be Searches That Can Be Justified During an Justified During an

Investigative DetentionInvestigative Detention Consent to searchConsent to search would have to be would have to be

voluntarily and clearly given. Consent voluntarily and clearly given. Consent searches would be limited to the area or searches would be limited to the area or object consented to the searched.object consented to the searched.

Protective searchProtective search can be made if an can be made if an officer who has made a valid investigative officer who has made a valid investigative stop has reasonable suspicion to believe stop has reasonable suspicion to believe that the suspect “may be armed and that the suspect “may be armed and presently dangerous.” presently dangerous.” TERRY RULES TERRY RULES APPLY TO STOP & FRISKS!APPLY TO STOP & FRISKS!

1212

Searches That Can Be Searches That Can Be Justified During an Justified During an

Investigative Detention Investigative Detention (Cont.)(Cont.)

Anonymous tipsAnonymous tips require require “indicia “indicia of reliability”of reliability”—corroborating —corroborating information from the person giving information from the person giving the tip showing that person to have the tip showing that person to have “predictive information”“predictive information” about about the suspect’s behavior that allowed the suspect’s behavior that allowed the police to judge the reliability of the police to judge the reliability of the anonymous stop.the anonymous stop.

1313

Obtaining Physical Obtaining Physical Evidence During and Evidence During and

After an ArrestAfter an Arrest

A search for weapons A search for weapons and evidence of the and evidence of the crime may be made in crime may be made in the the search incidentsearch incident to an to an arrest.arrest.

1414

Obtaining Physical Evidence Obtaining Physical Evidence During and After an Arrest During and After an Arrest

(Cont.)(Cont.) Protective sweep or safety checkProtective sweep or safety check::

Arresting officers have a right to conduct a Arresting officers have a right to conduct a quick and cursory check of the arrestee’s quick and cursory check of the arrestee’s lodging immediately subsequent to arrest, lodging immediately subsequent to arrest, even if the arrest is near the door but even if the arrest is near the door but outside the lodging, where they have outside the lodging, where they have reasonable grounds to believe that there reasonable grounds to believe that there are other persons present inside who are other persons present inside who might present a security risk.might present a security risk.

Note: This is for Note: This is for people,people, NOT “evidence!” NOT “evidence!”

1515

Evidence Obtained During Evidence Obtained During Inventory SearchesInventory Searches

The U.S. Supreme Court listed the The U.S. Supreme Court listed the following for following for inventoryinginventorying property property that is being held by the police:that is being held by the police: The protection of the owner’s The protection of the owner’s

property while it remained in police property while it remained in police custodycustody

The protection of the police against The protection of the police against claims or disputes over lost or claims or disputes over lost or stolen property stolen property

The protection of the police from The protection of the police from potential dangerpotential danger

1616

Evidence Obtained During Evidence Obtained During Inventory SearchesInventory Searches (Cont.)(Cont.)

Inventory searchesInventory searches are not are not “searches” for incriminating “searches” for incriminating evidence. evidence.

They are a common and sensible They are a common and sensible police procedure to determine police procedure to determine what the law enforcement what the law enforcement agency is responsible for.agency is responsible for.

1717

Searches of Private Searches of Private PremisesPremises

Arrest warrants vs. search Arrest warrants vs. search warrantswarrants

In arrest warrants, you’re In arrest warrants, you’re looking for a PERSONlooking for a PERSON

In search warrants, you’re In search warrants, you’re looking for EVIDENCElooking for EVIDENCE

1818

Authority Needed by Police Authority Needed by Police Officers to Enter Private Officers to Enter Private

PremisesPremises Arrest WarrantsArrest Warrants:: Carries with it the limited authority Carries with it the limited authority

to to enter a dwelling in which the enter a dwelling in which the suspect lives when there is reason suspect lives when there is reason to believe the suspect is within; to believe the suspect is within; police may enter under the police may enter under the following limitations:following limitations: Entry with an arrest warrant is Entry with an arrest warrant is

limited to a suspect’s own limited to a suspect’s own residence, andresidence, and

““Where there is reason to believe Where there is reason to believe the suspect is within”the suspect is within”

1919

Authority Needed by Police Authority Needed by Police Officers to Enter Private Officers to Enter Private

Premises (Cont.)Premises (Cont.) Search WarrantSearch Warrant: : If the conditions from an arrest If the conditions from an arrest

warrant do not exist, law officers warrant do not exist, law officers should obtain a search warrant in should obtain a search warrant in addition to the arrest warrant, or addition to the arrest warrant, or wait until the suspect appears in wait until the suspect appears in a public place to make an arrest.a public place to make an arrest.

2020

Searching Homes Searching Homes

Officers must comply with Officers must comply with knock & knock & noticenotice when serving arrest and when serving arrest and search warrants.search warrants.

Absent Absent exigentexigent circumstances, an circumstances, an officer must have an . . .officer must have an . . .

Arrest warrantArrest warrant to justify a to justify a nonconsensual entrynonconsensual entry into a into a residence to make an residence to make an arrestarrest..

2121

Otherwise…Otherwise…

To enter a home you must have:To enter a home you must have:Consent,Consent,Warrant, orWarrant, orExigent CircumstancesExigent Circumstances

This is based on the “Castle This is based on the “Castle Exception.” Exception.”

I.e., a “man’s home is his castle,” and I.e., a “man’s home is his castle,” and should be protected from government should be protected from government intrusion.intrusion.

2222

Brigham City v. StuartBrigham City v. Stuart (2006)(2006)

In this case, the Court found exigent In this case, the Court found exigent circumstances and upheld law circumstances and upheld law enforcement actions when:enforcement actions when: The officers’ actions were objectively The officers’ actions were objectively

reasonable (no violation of the Fourth reasonable (no violation of the Fourth Amendment), andAmendment), and

The ongoing violence was serious The ongoing violence was serious enough to justify police entry into the enough to justify police entry into the residence (no Fourth Amendment residence (no Fourth Amendment violation).violation).

2323

Vehicle StopsVehicle Stops

Police need at least “reasonable Police need at least “reasonable suspicion” to make a stopsuspicion” to make a stop

Most are temporary, brief, and publicMost are temporary, brief, and public It does “curtail one’s freedom of It does “curtail one’s freedom of

movement” movement” Drivers and other occupants may be Drivers and other occupants may be

questionedquestioned All occupants may be ordered out of All occupants may be ordered out of

the vehiclethe vehicle

2424

Evidence during traffic stopsEvidence during traffic stops

Plain-view doctrine may allow officers Plain-view doctrine may allow officers to “seize” evidence that they can “see” to “seize” evidence that they can “see” while in “plain view.” while in “plain view.”

This can give probable cause to search This can give probable cause to search the entire vehicle!the entire vehicle!

Consent can be also used to OK a Consent can be also used to OK a searchsearch

Police have an “Automobile Exception” Police have an “Automobile Exception” to search vehicles that is unique.to search vehicles that is unique.

2525

The Automobile ExceptionThe Automobile Exception Carroll v. U.S.Carroll v. U.S. (1925) (1925) Established the Established the “Carroll Rule,”“Carroll Rule,” or the or the

PROBABLE CAUSEPROBABLE CAUSE rule in dealing with rule in dealing with vehicles.vehicles.

Essentially, because vehicles can be Essentially, because vehicles can be moved easily, and evidence destroyed, moved easily, and evidence destroyed, etc., the police can search the vehicle etc., the police can search the vehicle where it is, as long as they can articulate where it is, as long as they can articulate PROBABLE CAUSE for the search. PROBABLE CAUSE for the search.

A warrant is not needed, nor is consent, A warrant is not needed, nor is consent, as long as P.C. is present.as long as P.C. is present.

2626

What May Police Do in Routine What May Police Do in Routine Traffic Stops?Traffic Stops?

In In Brendlin v. CABrendlin v. CA, 2007, the Supreme , 2007, the Supreme Court held that a passenger was Court held that a passenger was “seized” by the stop and did not feel “seized” by the stop and did not feel “free to leave.”“free to leave.”

Therefore, evidence (drugs) was Therefore, evidence (drugs) was suppressed and the stop was suppressed and the stop was considered illegal.considered illegal.

2727

Police Actions and Routine Police Actions and Routine Stops (Cont.)Stops (Cont.)

In In Virginia v. MooreVirginia v. Moore, 2008j, the Court , 2008j, the Court found that an arrest was valid and not a found that an arrest was valid and not a Fourth Amendment violation as the officer Fourth Amendment violation as the officer had reasonable belief that a crime was had reasonable belief that a crime was committed in his presence (drugs on committed in his presence (drugs on driver’s person).driver’s person).

The Court concluded that the officer had The Court concluded that the officer had probable cause to search and was within probable cause to search and was within the Fourth Amendment boundaries.the Fourth Amendment boundaries.

2828

Key CasesKey Cases Carroll v. U.S.Carroll v. U.S. 45 S. Ct. 280 (1925) 45 S. Ct. 280 (1925) U.S. v. Ross,U.S. v. Ross, 102. S. Ct. 2157 (1982) 102. S. Ct. 2157 (1982) Ross Ross extended searches to the extended searches to the

ENTIRE vehicle, including the trunk as ENTIRE vehicle, including the trunk as well as closed containers,well as closed containers, as long as as long as the police had a legal reason to stop the police had a legal reason to stop the vehicle and probable cause to the vehicle and probable cause to search! search!

AlsoAlso Brendlin Brendlin (2007) and (2007) and MooreMoore (2008)(2008)