Arrest, Search & Seizure 2013 1
REVIEW OF THE UNDERLYING CONCEPTS… 2
Standing… • If a person does not have a privacy interest in the place to be searched, they lack standing to object to the search. • Do they live there or are they an overnight guest? 3
Probable Cause • Facts and Circumstances, based on observations and/or information which would lead a reasonable officer to believe that a crime has been committed and the arrestee is the person who committed it. • Facts and Circumstances, based on observations and/or information which would lead a reasonable officer to believe that evidence/contraband exists and to believe it exists at the location to be searched. 4
Reasonable Suspicion • Facts and circumstances, based on observation and/or information which would lead a reasonable officer to believe that criminal activity is afoot gives the power to stop and investigate. • Facts and Circumstances, based on observation and/or information to believe that a person is armed and dangerous. 5
What does it all mean… • The test for probable cause is not reducible to precise definition or quantification… All we have required is the kind of "fair probability" on which "reasonable and prudent [people,] not legal technicians, act. 6
Remember… • The greater the government interest, the more power government and government actors have to act. 7
The report… 8
If there is no seizure…it doesn’t matter and there is no fruit of the poisonous tree issue • Physical- stopping of movement by means intentionally applied.. Brower v. Inyo County • Show of Authority….Show of Authority + Compliance…California v. Hodari D. • If there is valid consent…it also does not matter 9
Arrest • If a person is involuntarily transported to a law enforcement facility there must be probable cause to believe the person has committed a crime. See e.g. Dunaway v. New York. • Most courts now say if you involuntarily transport…a full blown arrest, which must be supported by probable cause has occurred. 10
Task: Electronic Surveillance of Vehicle U.S. v. Jones, ___U.S.___; 132 S.Ct. 945 (2012). Two methods of analysis… • If you have to trespass, there is a search under the 4 th Amendment • Did the person exhibit a subjective expectation of privacy and is that subjective expectation one that society is willing to accept as reasonable 11
What’s new…2013 SO FAR…. 12
Florida v. Harris Florida v. Harris- no checklist for determining dog’s reliability... • Operational Performance many not be reliable • False Positives may not be false 13
Bailey v. United States Subjects Left area Pre-execution of warrant • Followed for 1 mile-5 minutes • Immediate vicinity requirement – Boundary of Property – Line of sight – Ability to re-enter 14
Some Additional Points… • Search of Persons…e.g. odor of marijuana • Homes • Vehicles 15
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