TRAINING OBJECTIVES. Review Search & Seizure Law Relating To Probation/Parole. Describe the Plain View Doctrine

Transcription

1 TRAINING OBJECTIVES Review Search & Seizure Law Relating To Probation/Parole Describe the Plain View Doctrine Discuss the Composition and Imposition of Search Conditions 1

2 TRAINING OBJECTIVES Describe how to establish the Legal Basis for a Search Review Search Approval Considerations Describe Strategies to Increase Officer Safety PROGRAM AGENDA THE FOURTH AMENDMENT LAWS RE: PROBATION SEARCHES THE SEARCH CONDITION PREPARING FOR THE SEARCH 2

3 FOURTH AMENDMENT The Right of the People to be Secure in their Persons, Houses, Papers, and Effects, Against Unreasonable Searches and Seizures, Shall Not Be Violated. FOURTH AMENDMENT No Warrants Issued but upon Probable Cause describing the Place to be Searched, and the Person or Things to Be Seized 3

4 HOW SEARCHES CONDUCTED Search Warrant Incident to Arrest Plain View Consent Exigent Circumstances Probable Cause Impound-Inventory HOW SEARCHES CONDUCTED Abandonment Border Search Condition of Supervision 4

5 THEORY OF SEARCH CONDITIONS SPECIAL NEEDS COLLECT EVIDENCE FOR ENFORCEMENT PURPOSES = REASONABLE BELIEF Plain View Doctrine 1. Is the supervising officer justified in being where the contraband is observed? 2. Is it apparent the item is contraband? 5

6 THE SEARCH CONDITION CONDITION PERMITS SEARCH MUST HAVE REASONABLE BELIEF SHOULD NOTIFY OTHERS OF SEARCH CONDITION FAILURE TO PERMIT SEARCH MAY RESULT IN REVOCATION IMPOSITION OF CONDITON SEARCH CONDITION SHOULD RELATE TO THE OFFENDER S CRIME OR BACKGROUND 6

7 REASONABLE SUSPICION STANDARD A reasonable suspicion is a reasonable belief based on specific and articulate facts together with rational inferences from those facts. It is more than a mere inchoate and unparticularized hunch. Maryland v. Buie, 494 U.S. 325, 110 S. Ct. 1093, , 108 L.Ed. 2d at 576, (1990). REASONABLE SUSPICION STANDARD A BELIEF BASED ON SPECIFIC AND ARTICULATE FACTS- MORE THAN MERE HUNCH 7

8 MODEL SEARCH CONDITION The defendant shall submit his person, residence, office or vehicle to a search, conducted by a Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release FJC SEACH TRAINING GUIDE PO Knowledge of Offender General Information Information from Outside Agency Anonymous tip - Corroborated 8

9 ANONYMOUS TIP A reasonable suspicion may be based upon any anonymous tip, corroborated by independent police work under totality of the circumstances analysis. Alabama v. White, U.S. 110S. Ct (1990) PO s KNOWLEDGE OF OFFENDER GENERAL BEHAVIOR INFORMATION FROM OUTSIDE AGENCY ANONYMOUS TIP-CORROBARATED PROBATION SEARCH BY POLICE 9

10 TOTALITY of CIRCUMSTANCES OUTSIDE INFORMATION TIP FROM POLICE PC NO PC TIP FROM POLICE A tip from a police officer that there were or might be guns in a probationer s apartment, combined with the probation officer s peculiar knowledge of the probationer was sufficient to establish reasonable grounds to search probationer s apartment. Griffin v. Wisconsin, 483 U.S. 868 (1987) 10

11 TIP FROM POLICE The defendant was convicted of drug conspiracy. His probation officer receives a tip from out-of-state police that the defendant is involved in auto insurance fraud. The PO learns that the defendant has left the state without permission, made a false statement on a car loan application, and had contact with a felon, all in violation of probation terms. There was reasonable suspicion to conduct a warrantless search of probationer s residence, pursuant to a special search condition of probation. U.S. v. Giannetta, 909 F. 2d. 573, 576 (1990) POLICE POWER IN PROBATION SEARCHES Searches by police of probationers & parolees, even in the absence of specific authorization for warrantless searches, are constitutional as long as they do not constitute harassment and are not capricious nor arbitrary Any evidence seized is admissible in a criminal prosecution of the probationer, parolee or a third party Legal Issues in Police-Corrections Partnerships 11

12 POLICE POWER IN PROBATION SEARCHES Police need only reasonable suspicion of a possible criminal act less than the usual probable cause to search probationer s property, if the probationer has already agreed to submit to warrantless searches as a condition of probation. In the case the Chief Justice embraced the assumption that the probationer is more likely than the ordinary citizen to violate the law. U.S. v Knight 53 U.S.112 (2001) REASONABLE SUSPICION STANDARD PREVENT ARBITRARY SEARCH & ABUSE SAFEGUARD OFFICER/OFFENDER RELATIONSHIP ALLOW OFFICER TO DETERMINE SCOPE OF SEARCH 12

13 WRITTEN APPLICATION? OFFENDER NAME AND ADDRESS CONDITION OR CONSENT DESCRIPTION OF PLACE TO BE SEARCHED DESCRIPTION OF CONTRABAND OR EVIDENCE SOUGHT POTENTIAL DANGERS ASSISTANCE TO BE PROVIDED REPORTS & DOCUMENTATION MOST AGENCIES REQUIRE- NARRATIVE REPORT OF SEARCH RESULTS OF SEARCH 13

14 CONDUCT OF SEARCHES CONSIDER SAFETY PRECAUTIONS ASSISTANCE OF LAW ENFORCEMENT CONDUCT INITIAL SECURITY SWEEP SCOPE OF THE SEARCH CONDUCTED IN A REASONABLE MANNER AND AT A REASONABLE TIME 14

15 SCOPE OF THE SEARCH REMEMBER- CONDUCTED IN A REASONABLE MANNER AND AT A REASONABLE TIME NO MORE INTRUSIVE THAN IS NECESSARY PROVIDE INVENTORY GIVE RECEIPT FOR ITEMS TAKEN RETURN IF NOT NEEDED OR RELEVENT 15

16 CONSENT SEARCH CANNOT EXCEED SCOPE OF CONSENT SCOPE LIMITED BY REASONABLENESS PROVISION OF CONSENT SEIZURE CONCERNS WHAT TYPE OF EVIDENCE SEIZED? HOW WILL EVIDENCE BE PACKAGED? WHO WILL MAINTAIN CHAIN OF CUSTODY SAFEGUARD CONTRABAND 16

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18 SEARCH INVENTORY 8 FIREARMS-9mm UZI, AK-47,.223 BUSHMASTER, 4-9mm pistols 20,373 rds. of ammo incl.640 rds of Black Talon ammo. 205 fully loaded 30-rd. mag. for assault rifles, 60 fully loaded mag. for pistols. Various gun parts, stocks, knives, scopes & tool kits. 18

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23 SEARCH TECHNIQUES- PRE-SEARCH PLANNING OFFENDER PHOTO & DESCRIPTION CRIM. HISTORY- WEAPONS AND VIOLENCE. MENTAL HEALTH BASIS FOR SEARCH CONTRABAND SOUGHT ADDRESS & HAZARDS THIRD PARTIES LAW ENFORCEMENT MAPS & DIRECTIONS SKETCH OF INTERIOR INFO. ON ASSOCIATES VEHICLE DESCRIP. & NUMBERS-THEIRS & ASSOC. PRE-SEARCH MEETING SEARCH LEADER METHOD OF ENTRY PERIMETER SECURITY EXITS WHO WILL CALL OFF SEARCH WHAT ARE ASSIGNMENTS AFTER ENTRY EVIDENCE TECHNICIAN CONTROL OF OFFENDER WHO HANDLES 3 rd PARTIES 23

24 SAFETY EQUIPMENT OC FIREARM BODY ARMOR BADGES GLOVES ID JACKETS SPECIAL EQUIPMENT EVIDENCE COLLECTION EQUIPMENT DRUG TESTING KITS FLASHLIGHTS MIRRORS EYE PROTECTION ENTRY TOOLS 24

25 SPECIAL EQUIPMENT FIRST-AID EQUIPMENT CAMERA CELL PHONES POLICE BAND RADIOS REASONABLE TIMES= DAYLIGHT HOURS= 6 AM TO 10 PM 25

26 AVOID BEING STALKING HORSE CASE LAW STATES YOU CAN USE LAW ENFORCEMENT INFO. BUT SHOULD INDEPENDENTLY CORROBORATE OR SHOW THAT SEARCH WAS INITIATED BY PO EXERCISE-List the advantages and disadvantages of police assistance. SCOPE OF THE SEARCH SCOPE DETERMINED BY ITEMS SOUGHT CAN ONLY LOOK IN AREAS WHERE ITEMS CAN BE HIDDEN IF OTHER CONTRABAND FOUND AREA CAN BE EXPANDED 26

27 GAINING ENTRY WHAT IS YOUR AGENCY POLICY? THIRD PARTIES WHO WILL DEAL WITH THIRD PARTIES? HOW WILL YOU DEAL WITH THIRD PARTIES? WILL YOU DETAIN THIRD PARTIES? 27

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