SearchesRonie A. Ausa

Report Topic:

I. Legal Searches and the Fourth Amendment

II. Basic Limitation on Searches

III. The Exclusionary Rule

IV. Justification for Reasonable Searches

V. The Crime Scene Search

VI. Search Patterns

VII. Other Types of Investigatory Searches

VIII.Use of Dogs in a Search

IX. Summary

LEGAL SEARCHES AND THE 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.”

BASIC LIMITATION ON SEARCHES

All searches have one limitation.

 

“The most important limitation on any search is that the scope must be narrow. General searches are unconstitutional”.

Requisites for a valid search warrant:

1. There must be probable cause.

2. Probable cause must be determined personally by the judge.

3. The determination must be based on the examination, under oath or affirmation of the complainant and witness he my produce.

4. It must particularly describe the place to be searched and the person or thing to be seized.

• For practical purposes the rules of evidence are rules of exclusion. Emphasis is placed throughout this text, therefore, on legal investigative behavior. This means: securing a search warrant to obtain evidence, arresting only on probable cause, administering Miranda warnings before interrogating a suspect, and respecting the right to counsel and the need for due process.

THE EXCLUSIONARY RULE

• The exclusionary rule relates primarily to cases involving issues of search and seizure, arrests, interrogations, and stop-and-frisk violations. In addition, it pertains to any evidence obtained illegally even though it may be both relevant and material. The exclusionary rule states that courts will exclude any evidence that was illegally obtained even though it may be relevant and material. The courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case.

• Historically, police officers were required to knock and announce themselves and wait a reasonable amount of time before entering a home to serve a search warrant. The consequence for not abiding by this requirement was losing all evidence under the exclusionary rule guidelines.

• The warrant may have been lawfully procured but if rules on its implementation are not observed, any object seized in connection therewith is inadmissible for being “poisonous fruit of a poisonous tree.”

JUSTIFICATION FOR REASONABLE SEARCHES

• A search can be justified and therefore considered legal if any of the following conditions are met:1. A search warrant has been issued.

2. Consent is given.

3. An officer stops a suspicious person and believes the person may be armed.

4. The search is incidental to a lawful arrest.

5. An emergency exists.

• If any one of these preconditions exists, a search will be considered “reasonable” and therefore legal. All searches are to be conducted under the authority of a warrant. Searches are presumptively unconstitutional if not authorized by a search warrant.

SEARCHES WITH A WARRANT

• Over the years, the search warrant has proven to be one of the most valuable tools in criminal investigation. It authorizes the search of homes, businesses, and vehicles of suspects; typically results in the arrest of multiple suspects; and expedites investigation and subsequent case closure.

Obtaining Search Warrant:

1. You must be a law-enforcement officer. No search warrant can be issued to anyone who is not a law enforcement officer.

2. You must prepare an affidavit, in duplicate, describing the area to be searched, the items you intend to search for, and why you expect to find those items in that location (probable cause). Prepare a search warrant, in triplicate. Take the affidavits and warrants to a judge and swear to the affidavits. At that time, if the judge thinks your cause is probable enough, the judge signs the search warrants. The judge keeps one copy of the affidavit; you keep the other, along with all three copies of the search warrant.

3. You and however many more people you need go to the scene. Unless the scene is already under the control of the police, as it usually is when you're searching the scene of a crime, or unless you have a no-knock warrant—which is issued only if there is strong reason to suspect evidence will be destroyed in the time it takes for someone to open the door, or strong reason to fear for the safety of the officers serving the warrant—you knock on the door, announce yourselves as police officers, and wait for somebody to come to the door.

4. Usually one officer (or more, if necessary) will corral all people on the scene and keep them confined to one area. It is courte ous and good public relations, though not a legal requirement, to avoid frightening children or other innocent people unnec essarily.

5. Search for the items on the list. Make a list on the warrant itself— in triplicate, because that's how many copies of the war rants you have — of everything seized whether or not it was on the original list of items sought for.

5. You are not responsible for restoring the premises to their presearch condition. However, you should avoid unnecessary damage and take all reasonable precautions for safeguarding property that belongs on the scene.

6. Leave one copy of the warrant, complete with detailed list of items seized, with the people in control of the place you searched. If nobody is there, leave a copy of the warrant dis played in a prominent place. Keep one warrant for your files, and return one to the court that issued the warrant.

• Probable cause is more than reasonable suspicion. Probable cause to search requires that a combination of facts makes it more likely than not that items sought are where the police believe them to be. Probable cause is what would lead a person of “reasonable caution” to believe that something connected with a crime is on the premises or person to be searched: “Probable cause is a commonsense, non-technical conception that deals with the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act” (Scarry, 2007b, p.59).

• Failure to secure a search warrant may result in severe legal sanctions by the court. In some cases, the physical evidence seized at a crime scene may be inadmissible in court for lack of a warrant. In fact, a legal doctrine called fruit of the poison tree provides that any subsequent information derived from illegally seized physical evidence is inadmissible in court and cannot be used.

THE KNOCK-AND-ANNOUNCE RULE

• The knock-and announce rule requires officers serving a search warrant to knock, announce themselves and wait a “reasonable length of time” before attempting entry. In Wilson v. Arkansas (1995) the Court made this centuries-old rule a constitutional mandate: “The underlying command of the Fourth Amendment is always that searches and seizures be reasonable, and that the common-law requirement that officers announce their identity and purpose before entering a house forms a part of the Fourth Amendment inquiry into the reasonableness of the officers’ entry.” Many situations arise where it’s not necessary for police to knock and announce their presence; e.g., where there’s a threat of physical violence, a reason to believe the evidence would be destroyed if advance notice were given or where knocking and announcing would prove futile.”

“A search conducted with a warrant must be limited to the specific area and specific items named in the warrant, in

accordance with the particularity requirement (Stanford v. Texas, 1965)”.

SEARCH WITH CONSENT

• Officers can conduct a search without a warrant under certain circumstances, one of which occurs when consent to search is given. Holtz (2006, p.19) notes, “As a general matter, the Fourth Amendment permits the police to make a warrantless entry and search of premises based on the voluntary consent of a third party—generally an occupant—who shares ‘common authority’ over the premises or effects sought to be inspected.” Searching without a warrant is allowed if consent is given by a person having authority to do so. This might be a spouse or roommate, a business partner if the search is at a place of business, the owner of a car and the like: “The Supreme Court has ruled that when people jointly occupy a residence, each assumes the risk that the other may permit police access to shared areas in the home” (Rutledge, 2006d, p.70). As with a search warrant, searches conducted with consent have limitations.

“Consent to search must be voluntary, and the search

must be limited to the area for which consent is given.”

DENIAL OF CONSENT BY ONE RESIDENT

• In a 5–3 opinion, the Court stated, “If any party who is present and has authority to object to the search does object to the search, the police may not conduct the search on the authority of that party who gave consent.” As Ferrell (2006, p.10) explains, “When adult co-residents of a home are both present, and one denies onsent to enter and search and the other purportedly grants consent, police may not enter or search based on the purported consent. The denial of consent by one overrules and overrides what would otherwise be a valid consent by the other.” Lane (2006b, p.A8) suggests that Justice Souter’s majority opinion said the consent of one partner is inadequate because of “widely shared social expectations” that adults living together each have veto power over who can enter their shared living space.

WHEN ARE SEARCH WARRANTS NECESSARY?

• If the warrant specifies a certain person to be searched, the police can search only that person unless they have independent probable cause to search other persons who happen to be present at the scene of a search. However, if an officer has a reasonable suspicion that an onlooker is engaged in criminal activity, the officer can question the onlooker and, if necessary for the officer s safety, can frisk for weapons. Technically, a person may require the police to produce a warrant before admitting them into his or her home for a search. However, people sometimes run into trouble when they stand on their rights in this way. A warrant is not always legally necessary, and a police officer may have information of which a person is unaware that allows the officer to make a warrantless entry. If an officer announces an intention to enter without a warrant, a person should not risk injury or a separate charge of interfering with a police officer. Rather, the person should stand aside, let the officer proceed, and allow a court to decide later whether the officer’s actions were proper. At the same time, the person should make it clear that he or she does not consent to the search.

WHEN SEARCH WARRANTS AREN’T REQUIRED

• Most searches occur without warrants being issued. Over the years, the courts have defined a number of situations in which a search warrant is not necessary, either because the search is per se reasonable under the circumstances or because, because of a lack of a reasonable expectation of privacy.

ADVANTAGES OF SEARCHING WITH A SEARCH WARRANT

• Among the many tools afforded the criminal investigator, the search warrant has proven to be of substantial worth. It represents an authorization by the court for officers to enter a designated location or structure and search for specific items. It can be useful to a criminal investigator in many situations. The search warrant can be used to:1. Recover stolen property

2. Seize drugs or other contraband

3. Seize any other type of property used in the commission of a crime

• The search warrant must contain specifics about the location to be searched, the objects being sought, the probable cause that indicates that there is property to seize, and a signature of the judge authorizing the search. Evidence obtained through the use of a search warrant may also be more readily accepted by courts than the evidence it was seized without a warrant or incident to arrest. In addition, the officer is protected from civil liability when a warrant is obtained. A search warrant also benefits the prosecutor by shifting the legal burden to the defendant. Instead of the prosecutor having to justify a presumably unreasonable search, it becomes the burden of the defendant to show that the evidence was seized illegally. This factor alone has encouraged officers to obtain search warrants when possible.

THE CRIME SCENE SEARCH

“A successful crime scene search locates, identifies and

preserves all evidence present.”

• A basic function of investigators is to conduct a thorough, legal search at the scene of a crime. Even though not initially visible, evidence in some form is present at most crime scenes. The goal of any search during an investigation, at the crime scene or elsewhere, is to discover evidence that helps to– Establish that a crime was committed and what the specific crime was.– Establish when and where the crime was committed.– Identify who committed the crime.– Explain how the crime was committed.– Suggest why the crime was committed.

• To understand the numerous precepts imposed on police behavior at a crime scene, one must be aware of the reasons for conducting a search. The most common reason is to develop associative evidence; that is, to find evidence that could link a suspect to the crime or the victim. Should some linkage be developed, its probative strength can range from an intimation of who may have been involved up to actual proof of something (as when a fingerprint is developed at the scene). Accordingly, nothing at the crime scene should be touched or stepped on.

The police sometimes have other reasons for making a crime scene search:

1. to recognize evidence from which a psychological profile may be developed, and from which, conceivably, a motive may be determined (i.e., why the crime was committed);

2. to identify an object the use or purpose of which is not readily apparent or is foreign to the scene, thereby calling for efforts to trace ownership—through a serial number (as with Oswald’s rifle in the Kennedy assassination) or by locating its source, through point of sale (as in an item of clothing bought in the Pan Am Flight 103 bombing case) or manufacturer; or

3. to recognize a perpetrator’s modus operandi (MO). In a burglary, for example, the use of a push drill to make a hole in the top sash of the bottom half of a window (to insert a wire and open the catch) is sufficiently unusual to be viewed as the MO of that criminal. Pooling clues from several burglaries with the same tell-tale marks increases the chances of a suspect’s apprehension.

Once the investigator has gathered as much information as possible and made a survey of the location, the actual crime scene search may begin. Processing a crime scene consists of:

1. Surveying the crime scene

2. Photographing and sketching the crime scene

3. Mapping and measuring the crime scene

4. Recording and documenting the location of physical evidence at the crime scene

5. Searching for fingerprints and other physical evidence

ORGANIZING THE CRIME SCENE SEARCH

• After emergencies have been attended to, the scene has been secured, witnesses have been located and separated for interviewing, and photographing and sketching have been completed, a search plan must be formulated. Also, a search headquarters needs to be established away from the scene to prevent destruction of evidence.

“Organizing a search includes dividing the duties, selecting a search pattern, assigning personnel and equipment

and giving instructions.”

Duties and responsibilities of the Investigating Team:

a. Take full control of the crime scene to include the conduct of crime scene search; taking of photographs; making sketches; lifting of fingerprints; markings of physical evidence; (Chain of custody) the transmittal of evidence to crime laboratory; interview of witnesses; gathering and evaluation of evidence; follow-up of the case and the documentation and filing of appropriate charges in court.

b. Establish a command post in the immediate vicinity of the crime scene;

c. Designate a holding area in the immediate vicinity of the crime scene (for the media, VIP‟s and other personalities present);

d. Conduct case conference with the first responder, SOCO, other law enforcers and rescue personnel;

e. Note any secondary crime scene (if situation requires); and

f. Release the crime scene after investigation.

PHYSICAL EVIDENCE

“Knowing what to search for is indispensable to an effective crime scene search. Physical evidence is anything material and relevant to

the crime being investigated.”

• PHYSICAL EVIDENCE - Evidence addressed to the senses of the court that are capable of being exhibited, examined, or viewed by the court. This includes but not limited to fingerprints, body fluids, explosives, hazardous chemicals, soil/burned debris, bombs, electronic parts used in the commission of the crime.

• Physical evidence ranges in size from very large objects to minute substances. Understanding what types of evidence can be found at various types of crime scenes is important to the search. Not everything found at a scene is evidence.

• The “elephant-in-a-matchbox” doctrine requires that searchers consider the probable size and shape of evidence they seek because, for example, large objects cannot be concealed in tiny areas. Ignoring this doctrine can result in a search that wastes resources, destroys potential evidence and leaves a place in shambles. It may also result in violating the Fourth Amendment requirements on reasonable searches.

PHYSICAL EVIDENCE EXAMINATION AND TESTING:

1. Physical evidence should be thoroughly documented before removal.

2. Evidence must be collected, identified, preserved and transported to the laboratory in the best possible condition. Every effort should be made to prevent contamination of materials secured as evidence. Containers for evidence may consist of thick self-sealing plastic bags of various sizes, clean glass mason jars with rubber washers and screw tops, metal cans with clean pressure or plastic lids, clean glass bottles with screw caps, and card-board or plastic boxes of assorted sizes.

3. Maintain the security and integrity of physical evidence from the time of its initial recovery and collection to its subsequent examination and testing.

4. Evidence containing latent prints should be protected so as not to smudge or destroy the prints.

5. A letter of instruction should be sent to the laboratory with the evidence, describing the same and what the investigator expects the laboratory technician to recover via the various laboratory processes.

SEARCH PATTERNS

“Do it right the first time. You only get one chance. Once things have

been moved, once things have been changed, once you lose that

little window of opportunity, it’s gone forever.”

• Regardless of the method used, the search of the scene should be conducted in a systematic way. Of the most often used methods of searching, several have been most commonly used over time. The most common search patterns include the spiral search method, grid search method, strip- or line-search method, and quadrant- or zone-search method. Some methods of searching are best suited for indoor scenes, and others are more applicable to outdoor crime scenes.

“Whichever method is adopted, the rule to remember is that the

search must be thorough.”

• Indoor Crime Scene Searches. It is generally recommended that at least two officers search an indoor crime scene. This may best be accomplished by dividing the room in half and having each investigator search half of the room (also known as the quadrant or zone-search method). At the conclusion of the search, the investigators switch halves. In this fashion, each half of the room is searched twice.

• Outdoor Crime Scene Searches. In most cases, the outdoor crime scene covers a broader area than those that are indoor. If this is the case, more investigators are required. Accordingly, with the increased size of the scene, a more systematic searching method must be used. One way is to rope off the scene into a grid. Each square, averaging about 6 square feet, represents a specific search area that is a manageable size for each investigator (also known as the grid search method).

EXTERIOR SEARCHES

• Lane-search pattern - partitions the area into lanes, or narrow strips, using stakes and string, as illustrated in Figure 4.2. An officer is assigned to each lane. Therefore, the number of lanes used depends on the number of officers available to search. These lanes can be imaginary. Officers’ search widths vary from arm’s length to shoulder-to-shoulder, either on foot or on their knees. Such searches use no string or cord to mark the lanes. If only one officer is available for the search, the lane pattern can be adapted to what is commonly called the strip-search pattern, illustrated in Figure 4.3. For an extensive search, the lane pattern is often modified to form a grid, and the area is crisscrossed, as illustrated in Figure 4.4.

• Circle-Search Pattern - Another commonly used pattern is the circle search, which begins at the center of an area to be searched and spreads out in ever-widening concentric circles (Figure 4.5). A wooden stake with a long rope is driven into the ground at the center of the area to be searched. Knots are tied in the rope at selected regular intervals. The searcher circles around the stake in the area delineated by the first knot, searching the area within the first circle. When this area is completed, the searcher moves to the second knot and repeats the procedure. The search is continued in ever-widening circles until the entire area is covered.

• Zone- or Sector-Search Pattern - In the zone or sector search, an area is divided into equal squares on a map of the area and each square is numbered. Search personnel are assigned to specific squares (Figure 4.6).

• Spiral search - involves a spiral into (inward) or out from (outward) a crime scene. A practical disadvantage with outward spiral searches is the evidence may be destroyed as the searchers move to the center of the crime scene area to begin their outward search.

INTERIOR SEARCHES

“Interior searches go from the general to the specific, usually

in a circular pattern, covering all surfaces of a search area. The floor should be searched first.”

• In making an interior search, look closely at all room surfaces, including the floor, ceiling, walls and all objects on the floor and walls. Evidence can be found on any surface. The floor usually produces the most evidence, followed by doors and windows. Although the ceiling is often missed in a search, it too can contain evidence such as stains or bullet holes. It can even contain such unlikely evidence as footprints.

• An interior room search usually starts at the point of entry. The floor is searched first so no evidence is inadvertently destroyed during the remainder of the search. The lane- or zone-search patterns are adaptable to an interior floor search.

• Plain-view evidence—unconcealed evidence seen by an officer engaged in a lawful activity—is admissible in court.

• Plain-View Evidence - Anywhere officers have a right to be, they have a right to see. Petrocelli (2006, p.14). This doctrine puts few constraints on officers and often yields very productive results.

“The plain-view doctrine allows law enforcement officers to

seize contraband or evidence of a crime without first obtaining a

search warrant.”

Plain Feel/Touch

• The “plain feel/touch” exception is an extension of the plain-view exception. If a police officer lawfully pats down a suspect’s outer clothing and feels an object that he immediately identifies as contraband—in other words, plain feel/touch evidence—a warrantless seizure is justified because there is no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons (Minnesota v. Dickerson, 1993).

Plain Smell Evidence

• May also be seized if an officer relies on a sense other than sight or touch. For example, a customs officer who smells marijuana coming from a package has probable cause to make an arrest under a “plain-smell” rationale (United States v. Lueck, 1982). Rutledge (2007c, p.71) notes, “Some distinctive odors can be detected by officers (for example, the odor of gasoline in an arson investigation); some can be detected by trained dogs. Merely smelling the air surrounding a suspect, his vehicle or some container does not constitute a search. If the odor reveals the presence of seizable objects, they may be seized.”

Plain Hearing

• Officers or undercover agents can position themselves in accessible locations where they can overhear criminal conversation without any extraordinary listening devices (such as wiretaps or parabolic microphones). Anything overheard can be used as evidence.

OTHER TYPES OF INVESTIGATORY SEARCHES

• Nighttime Crime Scene Searches - If possible, investigators should wait until daylight to search a crime scene. Obviously, circumstances may require investigators to proceed with the search at night. These may include inclement weather or other emergency circumstances. In the event that such a search is to be conducted, lighting generators should be used to provide sufficient illumination for the search.

Vehicle Searches

• The search of a vehicle requires the same degree of attention as indoor and outdoor searches. Obviously, the nature of the crime dictates the area of the vehicle to be searched. For example, whereas a drug smuggling or murder case requires closer examination of the interior of the vehicle, a hit-and-run investigation necessitates examination of the exterior of the vehicle. Similar to an interior search, a vehicle should also be searched for fingerprints. This should be done after other trace evidence has been sought.

“Remove occupants from the car. First, search the area around the vehicle and then the exterior. Finally, search the interior along one side from front to back, and then return

along the other side to the front.”

Strip Searches

• A strip search must be conducted in a private and controlled environment. This technique requires the suspect to undress completely, and all clothing is searched. In some cases, the suspect s body cavities may need to be searched. Officers are allowed to search the ears, mouth, and nose visually, but the vaginal and rectal areas may be searched only by authorized medical personnel. It is also recommended that investigators communicate with the prosecutor before conducting a strip search of any suspect to safeguard against possible procedural errors.

Building Searches

• Oldham (2006, p.73) contends, “Building search and the entry into non-secured areas is one of the most intricate skills that are not routinely taught to police officers.” When executing a warrant to search a building, officers should first familiarize themselves with the location and the past record of the person living there. Check records for any previous police actions at that location. Decide on the least dangerous time of day for the suspect, the police and the neighborhood.

Trash or garbage can searches

• Trash and garbage cans in alleys and on public sidewalks are often the depository for evidence of thefts, drug possession and even homicides. In California v. Greenwood (1988), the Supreme Court ruled that containers left on public property are open to search by police without a warrant. The Supreme Court ruled that such a search does not constitute a violation of the Fourth Amendment or a reasonable expectation of privacy: “It is common knowledge that plastic garbage bags left on a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public,” and therefore “no reasonable expectation of privacy” is violated by such a search. Trash or garbage containers on private property may not be searched without a warrant.

Dead Body Searches

• Searching a dead body should be done only after the coroner or medical examiner has arrived or given permission. In one case, a well-meaning officer turned a body over to search for identification before the medical examiner arrived. This caused major problems in documenting the body’s position. Searching a dead body is unpleasant, even when the person has died recently. It is extremely unpleasant if the person has been dead for a long period. In some such cases, the body can be searched only in the coroner’s examination

Suspect Searches

• How a suspect should be searched depends on whether an arrest has been made. If you have reasonable suspicion to stop or probable cause to arrest a person, be cautious. Many officers are injured or killed because they fail to search a suspect. If a suspect is in a car, have him or her step out of the car, and be careful to protect yourself from a suddenly opened door.

“If the suspect has not been arrested, confine your search to pats down or frisk for weapons. If the suspect has

been arrested, make a complete body search for weapons and evidence. In

either event, always be on your guard.”

Thorough Search

• If you arrest a suspect, conduct a complete body search for both weapons and evidence. Whether you use an against-the-wall spread-eagle search or a simple stand-up search, follow a methodical, exact procedure. The complete body search often includes taking samples of hair and fingernail scrapings as well as testing for fi rearm residue when appropriate. Regardless of whether an arrest has been made, respect the suspect’s dignity while conducting the patdown or search, but keep your guard up.

Dead Body Searches

• Searching a dead body should be done only after the coroner or medical examiner has arrived or given permission. In one case, a well-meaning officer turned a body over to search for identification before the medical examiner arrived. This caused major problems in documenting the body’s position. Searching a dead body is unpleasant, even when the person has died recently. It is extremely unpleasant if the person has been dead for a long period. In some such cases, the body can be searched only in the coroner’s examination room, where effective exhaust ventilation is available.

“Search a dead body systematically and completely.

Include the immediate area around and under the body”

Underwater Searches

• Underwater searches might involve victim, aircraft, fi rearm or vehicle recovery. Underwater searches are affected by limited visibility, extreme water temperature, swift currents and hazardous materials. When a victim is located, the first concern is whether it is a crime scene or an accident scene. The normal body position of a drowning victim is face down and in a semi-fetal position. If a victim found underwater has straight limbs and closed fists, this indicates the person may have been killed on land and rigor mortis had set in before the body was submerged.

USE OF DOGS IN A SEARCH

“Dogs can be trained to locate suspects, narcotics, explosives,

cadavers and more”

The K-9 Team

• Forming an effective K-9 team starts with selecting the right dog. Police dog trainers say that deciding what breed of dog to choose depends on how the K-9 will be used. Many breeds can be trained successfully to do what is known as “single-purpose” detection work. These are the dogs that can alert a handler to the presence of weapons, drugs, explosives, or even human stowaways trying to cross borders illegally.

• The most common breeds used for single-purpose work are Labrador retrievers, spaniels, and beagles—though many mixed breed dogs are used in detection work, too. Size and strength are fairly unimportant, says trainer Glenn Olson. “It’s the nose that does all the work,” he says.

• Dogs are ideally suited to assist in searching large areas; areas with poor visibility, such as warehouses that may contain thousands of items; or any area with numerous hiding places. In addition, using dogs for such purposes lessens the physical risk to investigating officers. As agents of the police, dogs are subject to the same legal limitations on searches that officers are. Court rulings appear to highlight the benefits of using K-9s to build probable cause to seize and arrest. In United States v. Place (1983), the Supreme Court ruled that exposing luggage located in a public place to a police K-9 sniff was not a search within the meaning of the Fourth Amendment. In essence, such a ruling concedes that the use of dogs may lead to the same end via less intrusive means, thus sparing law enforcement other time-consuming steps required to effect a legal search.

SUMMARY

• The most important limitation on any search is that the scope must be narrow; general searches are unconstitutional. If a search is not conducted legally, the evidence obtained is worthless. According to the exclusionary rule, evidence obtained in unreasonable search and seizure, regardless of how relevant the evidence may be, is inadmissible in court. Weeks v. United States established the exclusionary rule at the federal level; Mapp v. Ohio made it applicable to all courts. A search can be justified if (1) a search warrant has been issued, (2) consent is given, (3) an officer stops a suspicious person and believes the person may be armed, (4) the search is incidental to a lawful arrest or (5) an emergency exists. Each of these situations has limitations.

• A search conducted with a warrant must be limited to the area and items specified in the warrant, in accordance with the particularity requirement. A search conducted with consent requires that the consent be voluntary and that the search be limited to the area for which the consent was given. The search in a stop-and-frisk situation must be limited to a patdown for weapons. The Terry decision established that a patdown or frisk is a “protective search for weapons” and as such must be “confined to a scope reasonably designed to discover guns, knives, clubs, and other hidden instruments for the assault of a police officer or others.”

• A search incidental to a lawful arrest must be made simultaneously with the arrest and be confined to the area within the suspect’s immediate control (Chimel). A warrantless search in the absence of a lawful arrest or consent is justified only in emergencies where probable cause exists, and the search must be conducted immediately. A successful crime scene search locates, identifies and preserves all evidence present. For maximum effectiveness, a search must be well organized. This entails dividing the duties, selecting a search pattern, assigning personnel and equipment and giving instructions. Knowing what to search for is indispensable to an effective search.

• Anything material and relevant to the crime might be evidence. Search patterns have been developed that help ensure a thorough search. Exterior search patterns divide an area into lanes, strips, concentric circles or zones. Interior searches go from the general to the specific, usually in a circular pattern that covers all surfaces of the area being searched. The floor is searched first. Plain-view evidence—unconcealed evidence seen by an officer engaged in a lawful activity—is admissible in court. In addition to crime scenes, investigators frequently search vehicles, suspects and dead bodies. When searching a vehicle, remove the occupants from the car.

• First, search the area around the vehicle, then the vehicle’s exterior. Finally, search the interior along one side from front to back and then return along the other side to the front. Vehicles may be searched without a warrant if there is probable cause and if the vehicle would be gone before a search warrant could be obtained (Carroll). Chambers v. Maroney established that a vehicle may be taken to headquarters to be searched in certain circumstances.

• When searching a suspect who has not been arrested, confine the search to a patdown for weapons (Terry). If the suspect has been arrested, conduct a complete body search for weapons and evidence. Always be on your guard. Search a dead body systematically and completely; include the immediate area around and under the body. Specially trained dogs can be very helpful in locating suspects, narcotics, explosives, cadavers and more.

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Kären M. Hess, Ph.D. & Christine Hess Orthmann, M.S.• CRIME SCENE INVESTIGATION: A Guide for Law Enforcement

Technical Working Group on Crime Scene Investigation, January 2000.• K-9 POLICE UNITS

Gail B. Stewart, 2010• CRIMINAL INVESTIGATION: A Method for Reconstructing the

Past

James W. Osterburg & Richard H. Ward

University of Illinois University of New Haven • CRIMINAL INVESTIGATIONS: Crime Scene Investigation

Colin Evans, 2009

• PNP CRIMINAL INVESTIGATION MANUAL (REVISED) 2011

Published by: Directorate for Investigation and Detective Management Philippine National Police

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Connie Fletcher, 2006.• SCENE OF THE CRIME: A writer’s Guide to Crime Scene

Investigation

Anne Wingate, Ph.D.• TECHNIQUES OF CRIME SCENE INVESTIGATION 7th EDITION

Barry A.J. Fisher, 2004• POLICE OPERATIONS THEORY AND PRACTICE 6th EDITION

Karen Matison Hess, Christine Hess Orthmann & Henry Cho

Thank You!

Mabuhay!