Department of CRIMINAL JUSTICE TRAINING SEARCH & SEIZURE CASEBOOK Fourth Amendment to the United States Constitution The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Constitution of the Commonwealth of Kentucky Sec. 10 Security from search and seizure – Conditions of issuance of warrant The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. Advisory Warning: The Kentucky Search & Seizure Case Briefs is designed as a study and reference tool for officers in training classes. Although care has been taken to make the case briefs included as accurate as possible, official copies of cases should be consulted when possible before taking any actions that may have legal consequences. The issues and holdings that appear in each brief are only the opinions of the compilers of the Case Briefs. They are only meant to be used for guidance in statutory and case interpretation, are not offered as legal opinions, and should not be relied upon or cited as legal authority for any actions. Always consult legal counsel when in doubt about the meaning of a statute or court decision. i ii Search and Seizure Table of Cases (by Plaintiff) Adams v. Williams 120 Colorado v. Bertine 167 Aguilar v. Texas 101 Coolidge v. New Hampshire 41 Alabama v. White 130 Cooper v. California 166 Arizona v. Gant 142 Cupp v. Murphy 70 Arizona v. Hicks 79 Davis v. Mississippi 33 Arizona v. Johnson 123 Delaware v. Prouse 152 Arkansas v. Sanders 159 Devenpeck v. Alford 27 Bond v. U.S. 39 Dow Chemical Co. v. U.S. 48 Brendlin v. California 140 Draper v. U.S. 89 Brower v. County of Inyo 34 Dunaway v. New York 34 Brown v. Texas 125 Fernandez v. California 68 Brown v. U.S. 75 Flippo v. West Virginia 147 Bumper v. North Carolina 64 Florida v. Board of Cady v. Dombrowski 148 Chosen Freeholders 171 California v. Acevedo 161 Florida v. Bostick 35 California v. Carney 162 Florida v. Harris 53 California v. Ciraolo 47 Florida v. Jardines 55 California v. Greenwood 41 Florida v. Jimeno 63 California v. Hodari D. 35 Florida v. J.L. 131 Cardwell v. Lewis 157 Florida v. Riley 49 Carroll v. U.S. 155 Florida v. Royer 60 Chambers v. Maroney 156 Florida v. Wells 168 Chapman v. U.S. 57 Franks v. Delaware 102 Chimel v. California 136 Georgia v. Randolph 66 City of Indianpolis v. Groh v. Ramirez 109 Edmond 163 Gustafson v. Florida 135 iii Hayes v. Florida 37 Michigan v. Chesternut 38 Henry v. U.S. 24 Michigan v. Long 123 Herring v. U.S. 32 Michigan v. Summers 114 Hester v. U.S. 49 Michigan Dept. of State Horton v. California 45 Police v. Sitz 163 Hudson v. Michigan 108 Mincey v. Arizona 146 Illinois v. Caballes 52 Minnesota v. Carter 82 Illinois v. Gates 104 Minnesota v. Dickerson 46 Illinois v. Lafayette 143 Minnesota v. Olson 80 Illinois v. Lidster 164 Muehler v. Mena 98 Illinois v. McArthur 113 Navarette v. California 152 Illinois v. Rodriguez 62 New Jersey v. T.L.O. 168 Illinois v. Wardlow 128 New York v. Belton 137 Johnson v. U.S. 46 Nix v. Williams 90 Jones v. U.S. 72 O’Connor v. Ortega 84 Katz v. U.S. 73 Ohio v. Robinette 61 Knowles v. Iowa 144 Oliver v. U.S. 50 Kyllo v. U.S. 81 Payton v. New York 30 Los Angeles v. Rettele 111 Pennsylvania v. Mimms 165 McDonald v. U.S. 57 Peters v. New York 119 Mancusi v. DeForte 75 Rakas v. Illinois 76 Mapp v. Ohio 90 Rawlings v. Kentucky 78 Marron v. U.S. 131 Reid v. Georgia 122 Maryland v. Buie 145 Richards v. Wisconsin 113 Maryland v. Dyson 158 Riley v. California 85 Maryland v. Pringle 97 Rugendorf v. U.S. 102 Maryland v. Wilson 166 Ryburn v. Huff 134 Massachusetts v. Safford Unified School District v. Sheppard 115 Redding 169 iv Schmerber v. California 69 U.S. v. Knights 83 Schneckloth v. Bustamonte 61 U.S. v. Knotts 78 Sedillo v. U.S. 45 U.S. v. Leon 93 Segura v. U.S. 92 U.S. v. Matlock 62 Sibron v. New York 119 U.S. v. Mendenhall 64 Smith v. Maryland 74 U.S. v. Murray 94 South Dakota v. Opperman 167 U.S. v. Place 36 Steagald v. U.S. 31 U.S. v. Rabinowitz 132 Stoner v. California 58 U.S. v. Robinson 137 Taylor v. U.S. 100 U.S. v. Ross 160 Terry v. Ohio 118 U.S. v. Salvucci 77 Texas v. Brown 43 U.S. v. Santana 51 Thompson v. Louisiana 146 U.S. v. Sharpe 127 Thornton v. U.S. 139 U.S. v. Watson 59 Ulster County Court v. Allen 96 U.S. v. Wurie 85 U.S. v. Arvizu 129 Virginia v. Moore 29 U.S. v. Banks 107 Warden of Maryland U.S. v. Biswell 145 Penitentiary v. Hayden 149 U.S. v. Brignoni-Ponce 151 Washington v. Chrisman 24 U.S. v. Carter 92 Welsh v. Wisconsin 26 U.S. v. Chadwick 158 Whiteley v. Warden, Wyoming U.S. v. Dunn 50 State Penitentiary 100 U.S. v. Drayton 65 Whren v. U.S. 155 U.S. v. Grubbs 116 Wilson v. Arkansas 106 U.S. v. Hensley 125 Winston v. Lee 70 U.S. v. Jacobsen 105 Wyoming v. Houghton 138 U.S. v. Jeffers 133 Ybarra v. Illinois 121 U.S. v. Johns 161 Zurcher v. The Stanford Daily 114 v TOPICAL INDEX Search and Seizure – Summary 1 Arrest Warrantless 24 Warrants 30 Exclusionary Rule 32 Definitions Seizure 33 Search 38 Situations that Lack Fourth Amendment Protectio9 Abandoned Property 41 Plain View 41 Flyovers 47 Open Fields 49 Public Areas 51 Dog Sniff 52 Consent 57 Body Evidence 69 Seizure – Basic Concepts Reasonable Expectation of Privacy/Standing 72 Probable Cause 89 Exclusionary Rule 90 Constructive Possession 96 vi Miscellaneous Search Issues 98 Search Warrants General 100 Search Warrant Affidavit 100 Knock and Announce 106 Search Warrant Form 109 Search Warrant Service 111 “No-Knock” Warrants 113 Miscellaneous Issues 113 Anticipatory Warrants 116 Warrantless Reasonable Suspicion – Terry 118 Anonymous Tips 130 Search Incident to Arrest 131 Booking Search 143 Search Incident to Citation 144 Closely Regulated Businesses 145 Sweep Searches 145 Crime Scene Search 146 Community Caretaker 148 Hot/Fresh Pursuits 149 vii Vehicles Vehicle Stops 151 Pretext Stops 155 Vehicle Exception – Carroll 155 Recreational Vehicle / Motor Homes 162 Roadblocks 163 Miscellaneous Vehicle Issues 165 Inventory 166 School Searches 168 Strip Searches 171 viii SEARCH AND SEIZURE I. CONSTITUTIONAL BASIS A. U.S. Constitution--Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. B. Kentucky Constitution--Section 10 The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. C. Interpretation Although the wording differs slightly, the Kentucky Supreme Court interprets Section 10 above of the Kentucky Constitution as having the same meaning as the Fourth Amendment to the U.S. Constitution. Note: Neither Constitution prohibits all searches and seizures--only unreasonable ones. A search conducted under a legal search warrant is both reasonable and legal. Under certain exigent or emergency circumstances, searches and seizures conducted without a warrant are also reasonable and legal. II. WHAT IS A SEARCH? An officer who examines another person's premises, person, or property for the purpose of discovering contraband (such as stolen property) or other evidence for use in a criminal prosecution has conducted a “search”. A search involves prying into hidden places1 in order to discover something concealed. III. WHAT IS A "SEIZURE"? An officer who takes into custody a person (e.g., arrests that person) or property (e.g., removes a concealed deadly weapon from a suspect) seizes that person or property. The seizure may be temporary or permanent – the nature of the seizure will determine what circumstances must exist to authorize the seizure. 1 Nichols v. Com., Ky., 408 S.W.2d 189 (1966). 1 IV. SEARCH SITUATIONS NOT PROTECTED BY FOURTH AMENDMENT A. ABANDONED PROPERTY A person may lose an expectation of privacy either: 1. by discarding the property in a place where others would have access to it2 or 2. by disclaiming ownership of the object3 Such situations would include when a person discards their trash, in the area where trash is commonly picked up, or when they abandon an item of property (such as a purse) where others would have ready access to the item. It also includes when ownership of an item is denied by a person under suspicion, although it is found in close proximity to their location. (However, they may still be found legally responsible for the item, under the doctrine of constructive possession.) B.