Lecture 3 27 14 Final Thursday May 15th at 6pm 50 multiple choice Stop and Frisk Doctrine Terry Sibron and Peters The doctrine of reasonable articulable suspicion Definition of Stop limited in time and manner U S v Sharpe Definition of Frisk pat down of outer clothing for weapons o Can frisk a car Michigan v Long Limitations not a search and cannot look for evidence Plain touch Plain feel doctrine Minnesota v Dickerson Feels for weapons only but if you feel something you believe to be contraband then you can seize that When a cop comes up to you you are allowed to leave and not answer questions unless he has reasonable articulable suspicion Don t need Miranda rights if stopped Separate articulable suspicion to stop and then again for frisk Arrests Exercise of actual authority to put you in custody Anyone can do an arrest Citizen arrest does not deal with constitutional rights Police can use evidence found by citizen Only done when there is probable cause Antecedent police have to have probable cause in their head or on record before arrest Warrant or no warrant For felony arrest only need antecedent probable cause For misdemeanor arrest must see the crime committed Hot pursuit exigent circumstance Police may chase fleeing felon wherever he may go If felon goes into house where crime is taking place drug use police can arrest the homeowner Fresh pursuit exigent circumstance Police can chase fleeing felon into another jurisdiction Crime must have happened in your jurisdiction You must initiate the chase in your jurisdiction Must leave your jurisdiction before arrest Can overlap with hot pursuit Jurisdiction Lethal force Can arrest fugitives from other jurisdictions Ex CA trooper arrests man wanted in MD Cannot use it unless you face it yourself Suspect must pose serious threat The Search Warrant Have dates and signatures Comprised of 4 component parts Application 1 Affidavit 2 o Detailed description of the place to be searched o Detailed description of the things to be seized Warrant 3 Schedules usually A B But can be more or fewer Preprinted Fill in blanks Application Must state location basis for search law involved items of search Affiant name agency I Rebecca Faunce I am an agent of agent name Known as see attachment A Evidence fruits instrumentalities Include Evidence Fruits and Instrumentality something you use to commit the offense o Ex child pornography evidence pictures fruit money from sold pictures instrumentality camera Can make up numbers for Title and Section number Put facts of the case on a separate page Affidavit Write see affidavit Date sign and put place of signature Affidavit 3 components do not necessarily need personal observations AND third party information can choose one or the other o Experience of Affiant o Personal Observations o Third Party information Undercover UC Confidential Informant CI Other individuals must meet rules The Rule of Texas v Aguilar and US v Spinelli the Aguilar Spinelli Standard 2 pronged credibility veracity reliability and basis of knowledge must meet both The problem with first time CIs and anonymous tipsters Fixed with decision in Illinois v Gates the totality of the circumstances test what it means and the requirements of corroboration If you have an anonymous tip you should corroborate the facts and then write up a search warrant application so that there is enough probable cause Schedules Schedule A Description of Property Schedule B Items to be seized o Always connect to probable cause in the affidavit Probable Cause and Search Warrants Towing the Line How to establish Probable Cause PC Personal experience First hand observations surveillance interviews etc Third Party information o Undercover v Informant o Tipster new informant o Gates and the totality of the circumstances Execution of Search Knock and announce now dead Time limits BETWEEN DATE OF SIGNATURE AND DATE OF COMMANDED SEARCH MUST HAVE NO MORE THAN 14 DAYS DIFFERENCE Scope of search anywhere items can be found Entitled to look anywhere in the house where things listed on schedule B can or will be found ex drawers closets under mattress pillowcases etc Locked Containers Car in Garages is a part of the house in the same search does not need a separate warrant What does the house consist of Its main location any attached locations any unattached locations if they are immediately near the house or within curtilage about 30 to 40 feet from the house When there are people in the house they are NOT automatically searchable can only frisk to see if they are carrying any weapons Temporarily detain the person or tell them to leave and then come back not allowed to follow you around or interfere with your search lawyers don t have authority to watch over it as well o If the subject does not choose to leave the house you can be put in cuffs but are not under arrest Seizure of items not named in warrant okay if plain view Completion of search search over when items in schedule are found If you find drugs or money first search is not over because there could be drugs or money elsewhere Types of Searches copy of search warrant needs to be left at the residence Sneak and Peek Going into a house to see if something was there but don t take it Good way to build evidence against someone or establish your CI The person living in the residence doesn t know that you are going credentials there Administrative and Regulatory Differ from criminal searches Health Inspectors don t need a warrant come in unannounced OK to do so because no one gets thrown into jail for violations Anticipatory Ex Fed Ex finds PCP in a package DEA investigates it and DEA anticipates delivery of PCP to the house themselves as soon as the person accepts it the DEA can come in and search the house write a search warrant by telling the judge they anticipate the delivery and if they say okay I ll sign for it they will go in Special Needs students government Drug Tests in high school government If principle thinks there is drugs in a locker they will open the locker do not need search warrant or permission Some principals search warrants extends to the parking lots Why Special Needs keeping drugs out of the schools or government Border Searches rights minimized at the border national security concerns Border is considered national security location People leaving and coming into the US border are subject to random searches without a warrant Computer Searches Header info Subpoena Content SW