Search & Seizure
Requires a “Moderate Chance” of illegal activity; Less appropriate of wrongdoing by preponderance of evidence. Must be able to Articulate. Based on the “Totality of the Circumstances
Reasonable Suspicion
If you are conducting a search or seizure under the 4th Amendment you need to ARTICULATE
C.R.E.W
Consent
Recognized
Exception
Warrant
If police unlawfully find evidence, it will likely be excluded.
Exclusionary Rule
Knowingly damages real or personal property of another in the course of a single criminal episode. Includes jointly owned property.
Criminal Mischief
Area in immediate control (reachable and lungable), search the person arrested, adjacent areas to ensure officer safety, safety sweep (must articulate danger) - done to prevent escape, evidence, and weapons…
Searches incident to custodial arrest
Requires a “Fair Probability” committed.
Probable Cause
What implies the 4th amendment?
Police touch or enter a protected area
They have an intent to gather information
Allows police to take people into protective custody if they are a danger to themselves or others.
Community Caretaking
Police use of trained detection dogs to sniff for narcotics on the front porch of a private home is a “Search” within the meaning of the 4th Amendment to the US Constitution
Florida vs. Jardines
Any evidence derived from illegal searches is inadmissible..
Fruit of the poisonous tree
The prosecution bears the burden of proving that the defendant is guilty....
Beyond a reasonable doubt
There are Two Seizures
Show of Authority
Physical Seizure
HMotor Vehicle Exception:
Four Requirements:
Probable Cause
Not within Curtilage
Apparently Mobile
Don’t exceed scope
Rule 41.1
Non Testimonial Evidence
For an invasive body cavity search in Colorado, law enforcement generally requires..
A warrant or exigent circumstances
Exploratory investigation, invasion, quest, looking for or seeking out.
Search
A person is seized when a reasonable person would believe he was...
NOT FREE TO LEAVE
SUBMITS TO YOUR AUTHORITY
Show of authority (verbal order), physical.
Seizure
Court held that officers may not extend the length of a traffic stop to conduct a dog sniff unrelated to the original purpose of the stop.
Rodriguez vs. United States
Exceptions to “fruit of the poisonous tree"
Independent source doctrine
Two Searches
Reasonable expectation of privacy
Trespass into a protected area
USE FORCE WITH THE INTENT TO SUBDUE
Physical Seizure
Execution of a search warrant.
Within 14 days of approval
between the hours of 7am -7pm unless otherwise stated
knock and announce with reasonable volume and time to answer
must show clearly that you are law enforcement
body camera worn
A fleeing suspect is not “seized” under the terms of the 4th Amendment unless the pursuing officers apply physical force to the suspect or the suspect submits to officers “demands to halt”. Consequently, evidence that is discarded by the fleeing suspect prior to the point in time at which they are seized is not subject to the 4th Amendment exclusionary rule
California vs. Hodari D
Colorado’s Constitution may provide additional privacy protections beyond federal law in situations involving..
Home privacy and personal effects