Search and Seizure Checklist Group Discussion

Search and Seizure Checklist Group Discussion

Has a Search or Seizure taken place? - Did a government employee or agent conduct the search or seizure? (if no, then NO violation) - Was it a search or seizure as defined by the courts? * Did the person have a reasonable expectation of privacy? (if no, then NO violation) * Was the item in plain view? In an open field? Abandoned? (if YES to any of these, then no violation) Was the Search or seizure reasonable? - Was the search or seizure conducted with a valid warrant? (if YES, then no violation) - If not, does one of the exceptions to the warrant requirement apply? * Motor Vehicles? Incident to a lawful arrest? Stop & Frisk? Consent? Hot Pursuit? Emergency Circumstances? Border Searches? Airline/Security Searches? * (If YES, then no violation) The Checklist

Case #1: Hans Metcalf Smith and Houston, special investigators from the district attorney’s office, had been following Hans Metcalf, a suspected bookie. They saw him enter a telephone booth with a briefcase in his hand and make a short call. He then left the phone booth, but without his briefcase. Smith and Houston rushed to the phone booth, opened the briefcase, and found several bundles of betting slips. Just then, Metcalf returned to retrieve his briefcase and was arrested. Apply the Search and Seizure checklist to see if a violation occurred.

Has a Search or Seizure taken place? - Did a government employee or agent conduct the search or seizure? (if no, then NO violation) - Was it a search or seizure as defined by the courts? * Did the person have a reasonable expectation of privacy? (if no, then NO violation) * Was the item in plain view? In an open field? Abandoned? (if YES to any of these, then no violation) Was the Search or seizure reasonable? - Was the search or seizure conducted with a valid warrant? (if YES, then no violation) - If not, does one of the exceptions to the warrant requirement apply? * Motor Vehicles? Incident to a lawful arrest? Stop & Frisk? Consent? Hot Pursuit? Emergency Circumstances? Border Searches? Airline/Security Searches? * (If YES, then no violation) The Checklist

Case #2: Vivian Madison Mary Krensy was angry with her roommate, Vivian Madison. She went to the police and offered to show them where Vivian was hiding 50 stolen holiday turkeys. The police accompanied her to the garage both women shared and discovered 50 turkeys reported stolen from the Henderson Poultry Company. The police confiscated the poultry and placed Vivian under arrest. Apply the Search and Seizure checklist to see if a violation occurred.

Has a Search or Seizure taken place? - Did a government employee or agent conduct the search or seizure? (if no, then NO violation) - Was it a search or seizure as defined by the courts? * Did the person have a reasonable expectation of privacy? (if no, then NO violation) * Was the item in plain view? In an open field? Abandoned? (if YES to any of these, then no violation) Was the Search or seizure reasonable? - Was the search or seizure conducted with a valid warrant? (if YES, then no violation) - If not, does one of the exceptions to the warrant requirement apply? * Motor Vehicles? Incident to a lawful arrest? Stop & Frisk? Consent? Hot Pursuit? Emergency Circumstances? Border Searches? Airline/Security Searches? * (If YES, then no violation) The Checklist

Case #3: Dan Lewis Officer Hanano was on patrol late at night. Suddenly, she spotted a house trailer behind, but not attached to, a car with no license plates. On closer inspection, she noticed a this wisp of smoke escaping from one of the trailer windows. She walked to the door and knocked a few times. A voice called back, “Go away!!” The officer forced the door and found a man preparing a liquid substance in a makeshift laboratory. Officer Harano arrested the man, whose name is Dan Lewis, for manufacturing of illegal drugs. Apply the Search and Seizure checklist to see if a violation occurred.

Has a Search or Seizure taken place? - Did a government employee or agent conduct the search or seizure? (if no, then NO violation) - Was it a search or seizure as defined by the courts? * Did the person have a reasonable expectation of privacy? (if no, then NO violation) * Was the item in plain view? In an open field? Abandoned? (if YES to any of these, then no violation) Was the Search or seizure reasonable? - Was the search or seizure conducted with a valid warrant? (if YES, then no violation) - If not, does one of the exceptions to the warrant requirement apply? * Motor Vehicles? Incident to a lawful arrest? Stop & Frisk? Consent? Hot Pursuit? Emergency Circumstances? Border Searches? Airline/Security Searches? * (If YES, then no violation) The Checklist

Case #4: Betty Kim Acting on an informant’s tip that Betty Kim was receiving stolen property, Detective Drebs went to her apartment to talk to her. She invited him in, but when he started to poke around the living room she screamed, “I said you could talk, not search the place. Get out!” He grabbed her, put handcuffs on her, then frisked her. He found a scout knife in her pants pocket and arrested her for disturbing the peace and carrying a concealed weapon. He then searched the living room and found a stolen stereo receiver. Apply the Search and Seizure checklist to see if a violation occurred.

Has a Search or Seizure taken place? - Did a government employee or agent conduct the search or seizure? (if no, then NO violation) - Was it a search or seizure as defined by the courts? * Did the person have a reasonable expectation of privacy? (if no, then NO violation) * Was the item in plain view? In an open field? Abandoned? (if YES to any of these, then no violation) Was the Search or seizure reasonable? - Was the search or seizure conducted with a valid warrant? (if YES, then no violation) - If not, does one of the exceptions to the warrant requirement apply? * Motor Vehicles? Incident to a lawful arrest? Stop & Frisk? Consent? Hot Pursuit? Emergency Circumstances? Border Searches? Airline/Security Searches? * (If YES, then no violation) The Checklist