Chapter 15
Search Warrants
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Search Warrants
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Search warrants fall under the 4th
Amendment
The police must have “probable cause”
Must sign an “affidavit” to that effect
Must have a judge approve the warrant
There are time limits on search warrants
When evidence is obtained without a
search warrant, the burden is upon the
government to show that the evidence
was obtained under one of the
“established and well delineated
exceptions”
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Types of Search Warrants
“Daytime” vs. “nighttime” search
warrants
 No-Knock or unannounced entries
 Anticipatory search warrants
 “Sneak and peek” entry warrants
 Searches of computers and other
documentary evidence
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Anticipatory Warrant
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An anticipatory warrant permits police to
obtain search warrant directed at a person
and place where it is reliably anticipated
that some illegal contraband or other
evidence of a crime will be located at
some specific place in the future.
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U.S. v. Grubbs and Anticipatory
Warrants
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In U.S. v. Grubbs (2006), the Supreme
Court stated that , in effect, all search
warrants are anticipatory; however,
Probable cause must exist to believe that
evidence will be found when the search is
conducted; otherwise,
An anticipatory warrant is a violation of
the Fourth Amendment.
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Grubbs and Anticipatory Warrant
(Cont.)
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The Court held that the language of the
Fourth Amendment does not require that
the basis for the warrant must be
specified, but only “the place to be
searched” and “the person or things to be
seized.”
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Obtaining Evidence from the
Internet (Cyber Evidence)
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Crimes against children, threats, abductions, and
pornography are the most frequent via the
internet, followed by identity theft and computer
hacking crimes.
Most of the websites for child pornography are
national in scope, so states have difficulty
responding.
The federal government has created task forces
to enforce both state and federal laws.
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Obtaining Evidence from Other
Personal Electronic Devices
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Laptop computers, cell phones, pagers, flash
drives, MP3 players, and PDAs (Personal Digital
Assistants) can store electronic data.
Law enforcement can obtain access to these
with a search warrant based on probable cause
or a consent search.
Such searches must be reasonable under the
Fourth Amendment.
See U.S. v. Park, 2007
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Administrative Search Warrants
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Fire, health, building, and food inspectors,
etc., may obtain administrative search
warrants to determine if a person or
business is in violation of state laws
designed to protect the public.
A lower standard of probable cause
applies to these warrants.
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Wiretapping and Electronic
Surveillance
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Prior to 1968, the United States did not have
any laws governing wiretapping and
electronic surveillance.
In 1968 Congress enacted the Federal
Wiretapping and Electronic Surveillance Act.
Most states followed by enacting similar state
laws making changes in the law of electronic
surveillance.
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Katz v. United States
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U.S. Congress enacted this act (Federal
Wiretapping Act) after the FBI had
attached an electronic listening device to
a public telephone booth.
The U.S. Supreme Court held that this
was a violation of Katz’s Fourth
Amendment rights
The decision has to do with the PERSON’s
right to privacy, NOT the PLACE.
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Aerial Surveillance?
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In 1986 the court ruled that information
gathered by aircraft of a suspects home
was not in violation of the Fourth
Amendment because it was a general
observation and therefore admissible
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California v. Ciraolo
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Tape Recording and Wiretapping
Cases That Made National News
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Tape recordings leading to impeachment of U.S.
President (Tripp/Clinton)
Crime of dissemination (passing on information
of contents of illegal wiretaps or tapes)
Tapings of public statements by public figures
that did not violate privacy laws
California criminal wiretapping trial (“Hollywood’s
Mr. Fixit”)
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Confrontational Telephone Calls
Requires cooperation of the witness or
victim and the call has to placed before
criminal charges have been filed.
 If the call is AFTER charges have been
filed, is “accusatory,” and is designed to
elicit an incriminating statement, the
Massiah Rule would apply and the
person would have to be admonished.
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The
laws authorize court
orders permitting wiretapping
and/or electronic surveillance
by law enforcement officers in
much the same manner as
search warrants are issued.
The act makes wiretapping
and electronic surveillance
done in violation of the act
a felony.
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Techniques of Lawful Electronic
Surveillance
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The three primary techniques of
electronic surveillance available
to law enforcement agencies
are:
Pen Registers
 Trap and Trace Devices
 Interception of the Content of
the Message
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Obtaining Evidence by Overhearing,
Monitoring, and/or Recording
Statements or Conversations
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Overheard conversation (plain hearing in
public or private place)
Statements made to undercover officers or
others in their presence
Tape recordings where suspect has no
expectation of privacy (police vehicles, jail
cells, etc.)
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Overhearing, Taping Statements or
Conversations (Cont.)
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One party to a telephone conversation
consents to recording or listening to
conversation by police
“Confrontational” telephone call or face-toface meeting with a suspect
Using body wires or radio transmitters
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Kyllo v. U.S.
of Thermal Imaging
devices are RESTRICTED
and a warrant must be
obtained.
 Use
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Obtaining Evidence by Use of
Dogs Trained to Indicate an
Alert
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Drug and Bomb Detection Dogs
 In using dog-detection evidence
in criminal courts, keeping and
maintaining updated records on
the dog and its handler is
essential because the challenge
to this evidence generally is the
dog’s reliability.
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Obtaining Evidence by Use of Dogs
Trained to Indicate an Alert (Cont.)
 Testimony
on the dog reliability:
The training that the dog
received to detect the odors for
particular drugs
The dog’s success rate in
detecting these drugs
The method used to train the dog
to indicate an alert
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Obtaining Evidence by Use of Dogs
Trained to Indicate an Alert (Cont.)
 Whether
the dog alerted in the
proper manner
 Proof of the dog’s certification
 Proof that the dog has continued to
meet certification requirements
and has continued to receive
necessary training on a regular
basis
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