See Illinois v. Rodriguez, U. If there is reason to believe that the person may be armed and dangerous, the police can also frisk the suspect. See Terry v. Ohio , U. Automobile Exception Because vehicles are obviously highly mobile, a warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime.
While in some ways, it is quite a broad exception, this rule limits the ability to search those areas that might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, searching a small tackle box on board would not be permissible.
However, if they were looking for drugs, they could search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the vehicle might be out of reach before the warrant can be issued and executed. See Carroll v. United States , US. Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a suspect enters private property while being pursued by officers, no warrant is required to enter that property in order to continue pursuit, even if the suspect is in no way connected with the property owner.
In Kentucky v. King, U. In King , Kentucky police attempted to purchase illegal drugs from a suspect. After the transaction, the suspect proceeded toward a nearby apartment complex. An officer radioed that he saw the suspect go into the apartment on the right. When officers entered the apartment building, they smelled marijuana emanating from the apartment on the left, therefore, they knocked, extremely hard "as loud as they could" , on the door and announced their presence.
3 Levels of police/citizen encounters
Upon further search of the apartment law enforcement located more illegal drugs and paraphernalia. Interrogation occurs whenever police either ask questions explicitly designed to elicit an incriminating response, or use words or actions that police should know are reasonably likely to elicit an incriminating response. Rhode Island v. Innis, U. Vitale, Conn. In State v. Spence, Conn. In reaching this conclusion, the court considered significant that, unlike in Mangual, the target of the search was a residential home, not a small apartment; the police officers were armed, but did not brandish their weapons; the residents of the home, who the police gathered in one room, included two other adults; and, after the lead officer told the residents that the police were there investigating a computer crime, and asked the defendant if he knew why the police were there, the defendant responded by asking to speak with the officer in private and he was brought outside to an unmarked police car.
Interference and Destruction. The scope of the search is dictated by the nature of the items sought. Montgomery, Conn. The warrant authorizes the seizure only of those items described therein. Police also may seize items not described in the warrant which are in plain view and are readily discernable contraband or evidence of crime.
How Police Obtain Search Warrants
The excavation of land is within the scope of a warrant which authorizes the search of exterior premises. Louis, Conn. In St. Louis, the affidavit established probable cause to search land for a dead body. There is no hard and fast rule regarding the duration of a search. It must be completed within a reasonable time. Unless there has been a completion or abandonment of the search, it may be resumed within a reasonable time.
Consistent with the Fourth Amendment, police may enlist the assistance of private citizens who legitimately and directly aid in the execution of the warrant. Hanlon v. Berger, U.
- Searching private property.
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Layne, U. In Hanlon v. Berger and Wilson v. Louis, it was held reasonable to enlist the assistance of town highway department employees and their mechanical equipment for the purpose of excavating land during the execution of search warrant for exterior premises that sought a dead body. Weeks v. Ohio, U.
Search Warrant | Wex | US Law | LII / Legal Information Institute
Dukes, Conn. Stone v. Powell, U. Its sole purpose is to deter future violations of the Fourth Amendment. Herring v. Objectively Reasonable Reliance on Binding Precedent : Where police conduct a search or seizure in objectively reasonable reliance on binding precedent, the exclusionary does not apply in the event that, after the conduct in question, the precedent is altered or overruled. Davis v. In Davis, police conducted a vehicle search incident to arrest in accordance with New York v.
Belton, U. Gant, U. Brown v. Luurtsema, Conn. A court applying the attenuation doctrine examines: 1 the temporal proximity between the unconstitutional conduct and the discovery of the evidence; 2 the presence of intervening circumstances; and, most importantly, 3 the purpose and flagrancy of the unlawful police conduct. Utah v.
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Strieff, U. In Strieff , the United States Supreme Court concluded that the exclusionary rule does not apply when an officer makes an unconstitutional investigatory detention a lack of reasonable suspicion ; learns during the detention that the suspect is subject to a valid arrest warrant; arrests the suspect pursuant to the warrant; and seizes evidence incident to that arrest. Attenuation applied despite the close temporal proximity between the illegal stop and the seizure of the evidence.
The the warrant was a legitimate intervening circumstance because it was valid, predated and was entirely unconnected to the illegal stop, and checking for it was a negligibly burdensome precaution related to officer safety. The unlawful conduct was, at most, the product of a negligent assessment of reasonable suspicion made during a bona fide investigation, and it was not purposeful, flagrant, or part of any systemic or recurrent police misconduct.
Independent Source : Tainted evidence may be admitted if it was obtained, in fact, by a lawful means untainted by the illegality. Murray v. Vivo, Conn. For example, a lawfully issued search warrant based on information wholly independent of a prior illegal warrantless entry may constitute an independent source.
Inevitable Discovery : Tainted evidence may be admitted if inevitably it would have been discovered by lawful means in motion at the time of the illegality. Nix v. Williams, U.
For example, interrogations of two persons separately in progress at the same time, one unlawful and one lawful, lead police to the same piece of evidence. New Crime Exception : The exclusionary rule cannot be used to suppress evidence of a new crime committed in response to any illegal police conduct. Brocuglio, Conn. This means that citizens may resist illegal police conduct, but only with conduct of their own that is not criminal. Good Faith : Federal courts, and a number of state courts, recognize an exception to the rule where the police, in good faith, rely upon a search warrant that is later held to be invalid, so long as such reliance was objectively reasonable.
Connecticut does not recognize an exception to the exclusionary rule based on good faith reliance on an invalid warrant. Marsala, Conn. Attacks Upon Information in Warrant Affidavit.
Know Your Rights
Pursuant to Franks v. Delaware, U. This includes deliberate and reckless omissions of material information. Bergin, Conn. Immaterial or unsubstantiated information may be omitted from the affidavit. A Franks violation will result in the excision of tainted information from the affidavit.
If the excised information is critical to probable cause, the warrant will be rendered invalid and evidence seized thereunder will be suppressed. Preservation of Potentially Useful Evidence. Pursuant to State v. Morales, Conn. In determining whether a breach of this duty has deprived the defendant of his right to a fair trial, courts will assess: 1 the materiality of the missing evidence; 2 its likelihood of mistaken interpretation of the missing evidence; 3 the reason the evidence is not available; and 4 prejudice to the defendant.
Automobile Exception.