NCJ Number
66151
Date Published
1979
Length
0 pages
Annotation
SEARCH AND SEIZURE LAW IS INTRODUCED TO POLICE OFFICERS IN THIS SLIDE PROGRAM COVERING PROBABLE CAUSE, SEARCHES AND WARRANTS, THE EXCLUSIONARY RULE, CIVIL LIABILITY, OBJECTS OF LAWFUL SEARCH, AND CONSTITUTIONAL ISSUES.
Abstract
AUTHORITIES ARE PERMITTED TO CONDUCT A SEARCH FOR THE FOLLOWING ITEMS: THE FRUITS OF A CRIME, THE INSTRUMENTS OF A CRIME, CONTRABAND, PROHIBITED WEAPONS, MATERIALS FOR WHICH EXCISE TAXES ARE DUE (I.E., MOONSHINE WHISKEY), AND ITEMS IMPORTANT AS EVIDENCE OF A CRIME. POLICE OFFICERS USUALLY NEED A SEARCH WARRANT BEFORE CONDUCTING A LEGAL SEARCH. TO OBTAIN A WARRANT, THEY MUST SUBMIT AN AFFIDAVIT JUSTIFYING THEIR REQUEST. THE AFFIDAVIT MUST ESTABLISH PROBABLE CAUSE FOR ISSUING THE WARRANT; IT SHOULD SHOW THOSE FACTS WHICH WOULD LEAD A REASONABLE PERSON TO BELIEVE THAT A CRIME IS BEING PLANNED OR HAS BEEN COMMITTED AND THAT OBJECTS RELATED TO THE CRIME CAN BE FOUND IN THE PLACE TO BE SEARCHED. THE WARRANT MUST CONTAIN A DESCRIPTION OF THE ITEMS SOUGHT, THE PERSON OR PLACE TO BE SEARCHED, AND OTHER DETAILED FACTS. THE WARRANT SHOULD BE SERVED PROMPTLY AS A COURT MAY DETERMINE THAT THE PROBABLE CAUSE UPON WHICH THE WARRANT HAS BEEN ISSUED WAS 'STALE' BY THE TIME IT WAS SERVED. GUIDELINES FOR CONDUCTING SEARCHES AT NIGHT AND FOR ENTERING A HOME UNANNOUNCED ARE NOTED. DISCUSSION ALSO FOCUSES ON WARRANTLESS SEARCHES AND SEIZURES WHICH INCLUDE SEARCHES MADE AFTER A LAWFUL ARREST, OF OBJECTS IN PLAIN VIEW, OF ABANDONED PROPERTY, DURING CONSENT SEARCHERS, AND DURING EMERGENCIES. FINALLY, ANY EVIDENCE GATHERED THROUGH AN IMPROPERLY CONDUCTED SEARCH OR SEIZURE MAY BE RULED INADMISSIBLE IN COURT UNDER THE EXCLUSIONARY RULE. AN INSTRUCTOR'S GUIDE AND STUDY NOTES ARE INCLUDED. (WJR)