Criminal Evidence
Marjie Britz
Chapter Six:
Warrantless Arrests and
Searches
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Investigative Detention
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During Investigative stops (Terry stops):
When an officer has a “reasonable
suspicion” to believe that the individual
has either (1) committed, (2) is committing,
or (3) will commit a crime, an arrest
warrant is not be necessary.
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Seizures and Investigative Detentions

Officers may conduct protective searches
of individuals during investigative
detentions. (Weapons)

stop-and-frisks are for the individual safety of
police officers (as well as the suspects).
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Plain View
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Evidence which was in plain view may be
admissible in court if: (1)officer was in a
lawful position; (2) discovery was
inadvertent; (3) and evidentiary value of
the item was immediately apparent
(recognize the criminality).
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“Plain Feel” Doctrine
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Some courts have attempted to extend
“plain view” to include a “plain feel”, (i.e.
evidence discovered during pat down
searches).
Apparent to the touch (recognize the
criminality).
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Incident to Arrest
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Time period incident to arrest includes
period immediately prior to the seizure of
the individual in question and immediately
prior to the formal arrest.
During this period, evidence seized may
be admissible.

Based on safety concerns for officers safety
“arms reach” (Chimel).
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Automobile Searches
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Warrantless, roadside searches of motor
vehicles are permitted if there is “probable cause
to believe” that evidence of criminal activity or
criminal contraband is contained therein.
Carroll doctrine: Vehicles are mobile.
(Evidence can drive away.)
Arizona v. Gant: Search of passenger
compartment of a car incident to arrest is NOT
automatic. (Must be able to articulate suspicion
of criminal activity / crime.)
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Automobile Searches – cont.
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Closed Containers and Vehicles: Some
courts have upheld searches of locked,
secure containers like luggage while
others courts have disallowed.
Inventory of Automobiles: Not a “search”
Conducted by law enforcement personnel
of an individual’s personal belongings in
accordance with a dept. policy. (Liability
for contents.)
Generally allowable when car impounded.
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Consent
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Consent: Suspect voluntarily consents to
search or seizure.
Probable cause, reasonable suspicion, or
an articulable justification is not required.
Consent must be knowing and voluntarily.
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Consent
Consent must be:

voluntary
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look at “totality of circumstances”
of scope that includes search
legitimate

In some cases, third party (e.g. spouse, room
mate, baby sitter,) can give consent.
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Administrative Justifications and
Special Needs of Govt.
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Inventory searches: may be conducted on
automobiles and individuals under arrest.
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Designed to protect the owner from loss or
theft while the property is under the control of
law enforcement authorities.
In practice, however, they are often used to
search for criminal evidence or contraband.
(Where to make an enforcement stop.)
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Administrative Justifications and
Special Needs of Govt. – cont.
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Building, Home and Business Inspections:
Traditionally, health, welfare, and structural
inspections of private residences were permitted
as it was rationalized that such were necessary
for the betterment of the wellness of the
community.
 overturned by courts
 “Regulated business” exception (Licenses)
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Administrative Justifications and
Special Needs of Govt. – cont.

Checkpoints: not all warrantless
checkpoints have been permissible but
others have been allowed:

border, drunk driving, and drug interdiction,
seatbelt and child safety seat enforcement,
license and insurance are allowed.
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Administrative Justifications and
Special Needs of Govt. – cont.
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Public school administrators and public
employers may conduct searches for
disciplinary purposes even if probable
cause is lacking on public grounds and of
employees and students of involved
employer / school dist. property
equipment. (No right of privacy)
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Copyright © Allyn & Bacon 2008