Search seizure laws private property

Carrington for the proposition that seizure of items to be used as evidence only was impermissible. In this regard the Fourth and Fifth Amendments run almost into each other. The Fifth Amendment was inapplicable, the Court held, because there had been no compulsion of defendant to produce or to authenticate the documents.

Understanding Search-and-Seizure Law

The question of the propriety of seizure of such papers continues to be the subject of reservation in opinions, but it is far from clear that the Court would accept any such exception should the issue be presented. Lefkowitz, U. Of course, evidence seizable under warrant is subject to seizure without a warrant in circumstances in which warrantless searches are justified.

United States v.

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The rule apparently never applied in case of a search of the person. Schmerber v. California, U.

What Are The Search and Seizure Laws in Washington?

United States, U. Hayden, U. See Gouled v. The holding was derived from dicta in Boyd v. Mississippi, U. Murphy, U. Dionisio, U. Mara, U. New York, U. See also id. Hayden is that third parties not suspected of culpability in crime are subject to the issuance and execution of warrants for searches and seizures of evidence.

Zurcher v. Stanford Daily, U. Justice Stevens argued for a stiffer standard for issuance of warrants to nonsuspects, requiring in order to invade their privacy a showing that they would not comply with a less intrusive method, such as a subpoena. Under the facts, warrantless search held not justified by "exigent circumstances" and not "incident to arrest". Police must have reasonable basis to believe crime committed to order driver out of car after traffic stop.

Reasonable expectation of privacy in closed public toilet stall; no probable cause to search stall. Warrantless search of defendant beyond protective search for weapons was unreasonable, where there was no evidence to indicate defendant had contraband or instrumentalities of the crime. Warrantless seizure for thirty minutes was not unreasonable or avoidable where police were informed of criminal activity ten minutes prior to the seizure.

Search warrant was valid although informant had no history of reliability because other corroborated information indicated informant was reliable. Warrant to search multiple occupancy dwelling was reasonable.

How Does Your Right To Be Free Of Illegal Searches And Seizures Protect You?

Affidavit which contained misstated and omitted information was insufficient to show probable cause to justify a search warrant. Warrantless search of contents of wallet after defendant surrendered it for inventory was unreasonable. Constitutional right was not voluntarily waived by defendant's consent to search car where waiver was predicated on prior illegal search and State failed to meet burden of showing that taint of illegal search had been dissipated or that there was an independent source inducing defendant to waive right. Although no force was used, officers' show of authority and questioning constituted seizure under Hawaii constitution.

District court's findings of fact, conclusions of law, and suppression orders affirmed, where, inter alia, defendants had actual, subjective expectations of privacy that society would recognize as objectively reasonable that they would not be objects of covert video surveillance in employee break room, and recorded observations of activities in the break room were not obtained by third party consent. Seizure occurs when police approach a person for the express or implied purpose of investigating that person for possible criminal violations and begins to ask for information.

Children in school have legitimate expectations of privacy that are protected by this section and the Fourth Amendment to the U. High school principal's search of student's purse was lawfully conducted. Investigative stop can be justified based on objectively reasonable suspicion of any offense, provided that the offense for which reasonable suspicion exists is related to offense articulated by officer involved.

Where handgun on floor of defendant's truck under corner of driver's seat was observed in plain view, presence of exigent circumstances was not required to justify a warrantless seizure. In order for a consent to search to be valid under this section, the individual consenting must actually possess the authority to do so; detective's search of defendants' house violated this section.

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Clear plastic packets not "closed" containers as contents were within plain view of officer conducting search under warrant; defendant thus could not claim any reasonable expectation of privacy in the packets' contents. Obtaining warrant as precondition to testing suspected cocaine in clear plastic bags unnecessary where defendant could not have reasonable expectation of privacy in clear plastic bags. Valid search incident to lawful arrest where there was probable cause to make an arrest prior to and independent of search of defendant's pants, search was limited to finding narcotics bindles, and arrest was made immediately after search.

Determination of probable cause for issuance of search warrant warrants de novo review on appeal. Upon de novo review, based on facts set forth in officer's affidavit, probable cause existed to issue search warrant.

Defendant lacked standing to challenge seizure of search warrant evidence where evidence seizure did not violate defendant's personal rights; defendant was not owner of any of items seized and did not allege any reasonable expectation of privacy in items. No "seizure" where private individual, acting on own initiative, secured videotape and voluntarily transferred possession to police.

Drug evidence admissible and wrongly suppressed where police intrusion into hotel room pursuant to valid arrest warrant was justified and evidence seizure was permissible under plain view doctrine. Circuit court erred in granting defendants' motion to suppress evidence where none of the three rationales for exclusionary rule--judicial integrity, individual privacy, and deterrence--supported suppression of evidence in case.

Provisions of chapter , part IV and this section not relevant to question of legality of electronic eavesdropping activities conducted in California. Warrantless seizure justified where witness' identification of defendant as person who terrorized witness with gun gave officers probable cause to believe defendant committed a crime and officer's observation of defendant sleeping with gun in immediate reach presented sufficient exigent circumstances for officer to board boat and seize gun. Based on totality of circumstances, officer placed defendant in inherently coercive position by asking "pretexual" questions specifically designed to elicit responses that would either vindicate or implicate defendant; consent to "pat down" was thus not "voluntary and uncoerced".

Officer lacked specific and articulable facts sufficient to warrant a person of reasonable caution in believing that defendant was engaged in criminal activity; officer was thus unjustified in initiating investigative "encounter" at airport with defendant. Where officer's questions were designed to investigate defendant for drug possession and defendant was expressly made aware of that from the outset, defendant had been effectively seized by the time officer asked "to take a look" at defendant's airline ticket and driver's license. Where nothing in objective facts available to police at time they obtained search warrant for house suggested defendant's bedroom was separate residential unit completely secured against access by other dwelling occupants, search warrant not overbroad and search of bedroom reasonable.

Where no exigent circumstances existed, forced entry by police two seconds after knock and announcement was insufficient to give occupants reasonable opportunity to respond. Defendant not victim of unlawful seizure where, under totality of circumstances, reasonable person would have felt free to terminate encounter by refusing to accompany police and return into home.

Where defendant voluntarily offered to accompany police to station and walked to and entered van voluntarily, even if there was a "seizure", seizure was with defendant's consent. Police may not prolong the detention of individuals subjected to brief, temporary investigative stops, once such stops have failed to substantiate the reasonable suspicion that initially justified them, solely for the purpose of performing a check for outstanding warrants.

Although lawfully "seized" within the meaning of this section, defendant was not "in custody" at the time defendant responded to officer's question regarding defendant's age; thus officer was not required to give Miranda warnings prior to asking the question and trial court improperly suppressed defendant's answer. When an officer lawfully "seizes" a person in order to conduct an investigative stop, the officer is not required to inform that person of the person's Miranda rights before posing questions that are reasonably designed to confirm or dispel--as briefly as possible and without any coercive connotation by either word or conduct--the officer's reasonable suspicion that criminal activity is afoot.

When an airline passenger consents to a search of his or her effects at an airport security checkpoint, the scope of the search reasonably extends to those receptacles, the contents of which cannot be identified, contained in luggage. An officer is not prohibited from requesting a warrant check incident to the issuance of a citation for a traffic violation when the check does not prolong the length of time needed to issue a citation. Where detective's affidavit in support of search warrant lacked probable cause and warrant was thus unlawfully obtained, firearms that detective found in tool shed and defendant's subsequent inculpatory statement, given in response to detective's questions regarding the firearms, were inadmissible at trial because they constituted evidence derived from the exploitation of an unlawful search warrant, and therefore, were tainted by that prior illegality.

Assuming arguendo that, because drug detection dog jumped into the truck's passenger compartment, this canine screening constituted a "search" within the meaning of either the Fourth Amendment or this article, defendant did not have a reasonable expectation of privacy in the truck or specifically in the airspace within the cab of the truck ; thus, neither the dog's nor police handler's conduct violated defendant's rights.

In detaining defendant for the purpose of determining if defendant was impaired and if defendant would consent to a search of defendant's vehicle, officer did not exceed the scope of a temporary investigative stop premised upon circumstances that gave rise to a reasonable suspicion that defendant was driving while impaired or that defendant's vehicle might contain illicit substances.

Red and glassy eyes, a criminal record, and imperfect driving, standing alone, were insufficient to establish probable cause to arrest a person for driving under the influence of drugs; as officer did not have probable cause to arrest defendant and did not subject defendant to sustained and coercive questioning, Miranda warnings were not warranted when defendant was questioned about defendant's alcohol consumption. Section does not apply to the interior office door of a store; however, as an objectively reasonable expectation of privacy exists at the interior office door of a store, police are required to provide reasonable notification of their presence and authority before making a forced entry; police satisfied this requirement by knocking three times, announcing "police department, search warrant", and waiting fifteen seconds before forcibly entering the locked interior office door of the store.

Search warrant was not supported by probable cause where credibility and reliability of anonymous tip concerning marijuana growing was not established; thus, trial court erred in denying defendant's motion to suppress items seized in the execution of the warrant. Use of thermal imager device to detect heat emanating from defendant's apartment constituted an unreasonable warrantless search; thus, information gained should have been excluded in the establishment of probable cause.

Police may act on an anonymous tip of reckless driving, but only under very narrow circumstances; based on the totality of the circumstances, including the reliability of the tip and the imminence of the harm, an anonymous tip was sufficiently reliable to justify an investigatory stop. Even assuming the crime stoppers' anonymous tip was not "tainted" as a result of it being relayed to school officials via a police officer, the anonymous tip failed to provide even reasonable suspicion, much less probable cause, to justify the search of minor; the anonymous tip bore no indicia of reliability--the identity or status of the informant, the time the tip came in, the basis, if any, for the informant's knowledge, and the reliability of its assertion of illegality.

Where police had no specific or articulable basis to believe that prior arrestee was in defendant's vehicle, police lacked reasonable suspicion to stop defendant's vehicle.

Search and seizure - Wikipedia

Where, solely on the ground that defendant turned off the road to avoid the sobriety checkpoint, officer did not possess specific and articulable facts before the stop giving rise to a "reasonable suspicion" that defendant was at the time operating a vehicle while intoxicated, stop of defendant's vehicle violated this section.

Where vice-officer's drug investigation constituted a seizure separate and distinct from the traffic investigation stop inasmuch as it was not "reasonably related in scope to the circumstances which justified the interference in the first place", and the prosecution failed to adduce specific and articulable facts to reasonably warrant the intrusion, the drug investigation was unsupported by reasonable suspicion and constituted an unconstitutional seizure; thus, all the evidence recovered as a result had to be suppressed as fruit of the poisonous tree.

Searches of petitioner's vehicle were valid under the Hawaii constitution, notwithstanding that they were lawful under the U. Constitution, where petitioner's conduct of driving onto the Pearl Harbor Naval Base demonstrated that petitioner consented to a search of petitioner's person and property under petitioner's control. Where evidence sought to be admitted in state court is the product of acts that occurred on federal property or in another state, by Hawaii law enforcement officers or officers of another jurisdiction, such evidence can only be admitted in a state prosecution if obtained in a manner consistent with the Hawaii constitution and applicable case law.

Where evidence sought to be admitted in state court is the product of acts that occurred on federal property or in another state, by Hawaii law enforcement officers or officers of another jurisdiction, due consideration must be given to the Hawaii constitution and applicable case law. Where petitioner's conduct of driving onto the Pearl Harbor Naval Base demonstrated that petitioner consented to a search of petitioner's person and property under petitioner's control, searches of petitioner's vehicle were valid under the Hawaii constitution, notwithstanding that they were lawful under the U.

Officer did not have reasonable suspicion to seize defendant where officer did not have evidence that defendant, rather than other members of defendant's group, had committed or was about to commit a crime; officer did not observe defendant drinking, arguing, fighting or making unreasonable amounts of noise; thus, appeals court erred in affirming the district court's judgment.

Where defendant was seized without reasonable suspicion when officer told defendant to exit the vehicle, and continued when officer subsequently chased defendant, officer's stop was a single illegal seizure; thus, officer's continuing attempt to improperly seize defendant placed officer in the position from which officer could observe the beer bottles in defendant's car and was thus evidence obtained as a result of an illegal seizure.

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  4. Where officer did not have reasonable suspicion to stop defendant when officer told defendant to exit car, and after officer chased defendant and subsequently discovered probable cause to arrest defendant when officer observed the beer bottles in defendant's car, the evidence obtained after the initial stop was the fruit of the poisonous tree as it was discovered by exploiting the officer's prior illegal seizure. Circuit court properly suppressed evidence obtained by the State during unlawful search of defendant where State failed to present clear and convincing evidence that the plastic methamphetamine packet obtained in violation of this section would inevitably have been discovered by lawful means during an inventory search; thus, evidence was not admissible under the inevitable discovery exception to Hawaii's exclusionary rule.

    The evidence obtained pursuant to the search warrant should not have been suppressed, where the clerical error misdating by the issuing judge did not render the search warrant invalid, and suppressing evidence seized pursuant to the warrant would not further the purposes of the exclusionary rule where the warrant was supported by probable cause, the evidence demonstrated the actual date of issuance, and the warrant was executed within the time frame specified in HRPP rule Warrant to search premises does not authorize search of identified possessions of visitors present during execution of warrant; defendant had reasonable expectation of privacy in plastic beach bag on floor near defendant.

    Reasonable for police officers to order defendant to exit automobile based upon totality of circumstances. Suspicionless drug testing of firefighters by urinalysis in conjunction with annual physical examination is not an unreasonable search. Reasonable for police officer to assume that personal property of non-resident of premises being searched under search warrant was property of premises where there was no notice of ownership. Warrantless seizure of defendant at sobriety roadblock was unreasonable where State failed to prove that officer in charge had authority to move roadblock's location due to traffic congestion.

    In situations where defendant was the focus of a narcotics investigation, was seized illegally, had defendant's bag detained for a canine narcotics screening, and had defendant's subsequent movements secured by the police pending completion of the screening, a reasonable person would believe he or she was not free to leave.

    Insofar as indictment related to resisting arrest charge, indictment could not be treated as a "product or fruit" of any illegal seizure or arrest of defendant. Seizure violated reasonable seizure requirement in this section because defendant was initially seized without probable cause, without reasonable suspicion, and without defendant's consent. Officer's order for defendant to exit vehicle was unlawful; thus, subsequent plain view of, search for, and seizure of incriminating evidence was tainted and should have been suppressed.

    Probable cause existed for issuance of warrant based on officer's affidavit that relied on police investigation as well as on informant's information. Where warrant only authorized search of specific room of business and another subsequently discovered room of business separated by a hallway and other numbered and unnumbered rooms was also searched, other room was not within scope of warrant and constituted illegal search.