Fourth Amendment Rights and Police Searches: Mapp v. Ohio Case Analysis, Summaries of Criminal procedure

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J. L. Ingram,

Criminal

procedure

Crim Pro Outline

Friday, January 15, 2016 3:19 PM I. Incorporation, Constitutional Sources of Criminal Procedure a. Overview of the Criminal Justice System i. Investigation ii. Arrest (there needs to be probable cause)

1. How to determine if there is probable cause a. There is enough evidence against accused b. A reasonable person believes the evidence
2. Arrests can occur by a police officer, indictment by a grand jury, or through a summons from a judge/magistrate
3. There needs to be some investigation before some sort of arrest is made pursuant to the 4th Amendment ii. Initial Judicial Appearance
4. Soon after the arrest is made, the arrested person appears before a judge (this may be in the form of an arraignment) ii. Preliminary Hearing
5. Filing of Formal Criminal Charge ii. Arraignment
6. At arraignments the defendant will be informed of the charges against him/her, bail may be set or not, and a pleading of guilty or non-guilty will be made ii. Trial iii. Sentencing iv. Appeal v. Collateral Attack b. Constitutional Amendments (Due Process and Incorporation of the Bill of Rights) i. 4th Amendment
7. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized ii. 5th Amendment
8. …; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law… ii. 6th Amendment
9. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State…to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him…and to have the Assistance of Counsel for his defense ii. 14th Amendment
10. …No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; not shall any

2. Trial court granted D's petition partially by requiring part of the evidence not important to the case while keeping evidence that were important w/ the case
3. Supreme court ruled that the evidence obtained contrary to the 4th Amend. should be thrown out (conviction reversed by unanimous opinion) a. Items taken by a federal official from an individual's home when no warrant has been issued are seized in violation of the 4th Amendment and must be excluded from evidence
4. Supreme court does not want to be in cahoots w/ the police by allowing the evidence to be used, thus tainting the court
5. Also, the court states that there is a privacy right that is being violated since officers are effectively trespassing
6. All a justices agreed w/ the decision ii. Mapp v. Ohio (State Case)
7. Facts: Cleveland police officers entered Mapp's house claiming authority under a search warrant. Mapp grabbed the "warrant" and the police struggled with her to retrieve it. Having retrieved the paper, the police placed Mapp under arrest and commenced their search of the entire house. The police found certain materials which they seized and used at trial to prosecute Mapp for possession of obscene materials. At trial no search warrant was produced. Mapp was convicted and appealed.
8. The state charged her according to state law
9. In a prior case, Wolf , the Supreme Court held that the states and federal courts need to be uniform and all adopt the exclusionary rules a. States were not stopping the use of evidence illegally obtained b. Court also wanted the state and federal courts to be uniformed based on the law, to deter officers from illegal searches and seizures, protect integrity of court, and protect the right to privacy
10. Court held that evidence obtained illegally by state officials is inadmissible in state court
11. Dissent a. The issue has never been about the 4th Amend., but about the state law b. Also, the court should not have been legislating from the bench by imposing the federal standard to the states
12. Notes of Mapp case a. The Calandra case points more to the use of the exclusionary rules as a deterrent i. Looking at the exclusionary rules as evidentiary rules instead of constitutional rules since the evidentiary view gives a better basis to why courts need to adopt the exclusionary rules

ii. The exclusionary rules apply to ALL evidence obtained illegally, thus there is some retrenchment or refinement of the law b. 1995 proposed legislation is to make illegal searches and seizures only a civil suit, thus providing a civil remedy i. Need to show actual damages ii. Also, agents/officers would only be disciplined if they lacked a good faith belief that the search and seizure was constitutional

2. What justified the extension of the exclusionary rule a. Exclusion is an essential part of the right to privacy and an important constitutional privilege. An individual who has suffered an unreasonable search or seizure has a 14th Amendment right to exclusion b. The purpose of the exclusionary rule is to deter-to compel respect for the constitutional guaranty in the only effective available way- by removing the incentive to disregard it. In other words, the rule is also a future-oriented deterrent sanction c. There is another consideration-the imperative of judicial integrity. Judges should not taint the courts by allowing the fruits of official violations of privacy to be used to convict d. Recognition of an exclusionary rule that is applicable to the states creates desirable symmetry between the federal state systems e. The right to privacy ought to be treated like other constitutional guarantees-specifically, like the due process right not to be convicted on the basis of a coerced confession. If the products of coercion are excluded confession. If the products of coercion are excluded, the product of unreasonable searches and seizures should also be excluded. b. The "Threshold" of the 4th Amendment Right to be Secure against Searches i. Exclusionary rule is the remedy of a violation of the 4th Amendment
3. Before we get to a remedy, we need to figure out what constitutes a violation of the 4th Amendment ii. The threshold question is whether the conduct of police officials constitutes a 4th Amendment search iii. The framers of the constitution in drafting the 4th Amend. were concerned with illegal searches due to what they had to go through (i.e. intrusion of the home or office, physical intrusion, and non-physical)
4. Property concept ii. Physical intrusions w/o permission or warrants enter premises, listening devices requires penetration into a private space, false friends (i.e. undercover agents, those who are friends that turn on you)
5. This is what occurred based on Olmstead
6. For false friends, courts did not find the evidence illegally obtained ii. Not all searches fall w/in the confines of the 4th Amendment
7. If searches do fall w/in the 4th Amend., warrantless searches are deemed illegal unless there is an exception ii. Cases

is secretly a government agent or an informant wearing a wire and recording what is being said g. The court has held that police can write down notes about a conversation they have with a defendant while undercover and testify to those transactions h. For constitutional purposes, there is no distinction between immediately writing down these transactions and simultaneously recording or relaying the conversation to agents through electronic devices i. Electronic surveillance that allows agents to listen in real time is admissible provided the agent is not otherwise violating the defendant's reasonable expectations of privacy

2. Smith v. Maryland a. Facts: Smith was convicted of robbery. Over Smith's objection, a pen register tape that showed he had called the woman he had robbed was introduced at trial. Smith appealed his conviction. b. Issue: Whether a person has a reasonable expectation of privacy in the phone numbers he dials from the privacy of his home c. Court held a person does not have a reasonable expectation of privacy in the phone numbers he dials and evidence obtained through the use of a pen register is admissible in trial d. Rule of Law: The 4th Amendment protects people from unreasonable searches and seizures where a person exhibits a reasonable and subjective expectation of privacy e. It is public knowledge that the phone company keeps records of people's outgoing calls so when people make a call they are voluntarily making public who they call f. While Smith made the phone call in the privacy of his home, he only had a reasonable expectation that his conversation would remain private, not that the number he called would remain out of the public record i. Therefore, even if Smith believed he had an expectation of privacy in the number he dialed, this expectation was not reasonable and the use of a pen register does not constitute a search
3. California v. Ciraolo a. Facts: An officer obtained a private plane and flew over defendant's house at an altitude of 1000 ft. w/in navigable airspace. From that vantage point, the police readily identified marijuana plants growing in a plot in defendant's yard. They photographed the area w/ a standard 35mm camera and obtained a search warrant. Based on the evidence seized, the defendant was charged and convicted. b. Open fields do not give a person a reasonable expectation of privacy since anyone can use the field despite having a trespassing sign c. In order to get a search warrant, you need to have probable cause i. Requires some evidence and testimony/affidavits from officers

b. Court held that when a person knowingly exposes something to the public, even though it is part of your curtilage, the person is not protected under the 4th Amendment i. However, the Defendant constructed a 6 ft. fence and then a 10 ft. fence to obstruct what he was doing

1. Thus, he has a reasonable expectation that someone on-ground level would not look into his yard w/ a ladder b. What is acceptable is that officers were flying in public air space and they spotted the illegal activity w/ the naked eye through the use of a regular camera c. Dissent: What officers did is a violation of the 4th Amendment
2. Florida v. Giardines a. Facts: Based on "an unverified tip" about in-home marijuana growing, detectives took a trained canine to Jardines' front porch. The dog alerted, indicating the presence of narcotics. Marijuana plants were found during a search of the home pursuant to a warrant issued on the basis of what had been learned from the dog sniff. b. Issue: Whether using a drug-sniffing dog on a homeowner's porch to investigate the contents of a home is a 'search' w/in the meaning of the 4th Amend c. The majority opinion states that the police officer was at the house under an official capacity w/ the intent to find contraband substances, thus the search was deemed unreasonable under the 4th Amend. i. Majority of the Court concluded that the initial investigation w/ the dog was a 4th Amendment search b. The officer was w/in the curtilage of the home, thus his search was done w/in an area where a person would have a reasonable expectation of privacy
3. Bond v. US a. Facts: Agent Cantu, having boarded a bus, started to squeeze the soft luggage in the overhead bins because he was searching for drugs on board. In the overhead bin at the back of the bus, where Bond (defendant) was seated, Cantu felt a green canvas bag and noticed that it contained a “brick-like” object. Bond said that the bag was his and allowed Cantu to search it. Cantu discovered, wrapped in duct tape, in an oval shape, a certain amount of methamphetamine, which was rolled up in a pair of pants. Bond moved to suppress the evidence, but the motion was denied and he was convicted. b. Issue: Whether the physical manipulation of a bag on a public bus is a type of search that violates the 4th Amendment c. Despite giving consent to search the bag, what is at contention is the initial search of squeezing the bag which led to the agent to ask the petitioner to search the bag

4. **Society has an interest in what is being searched ii. 4th Amendment
5. Probable Cause a. The facts and circumstances w/in the officers' knowledge and of which they have reasonable trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an item subject to seizure will be found in the place to be searched
6. Search Warrant a. Application b. Affidavit i. Signed by an officer who knows or believes to be true information he has personal knowledge of ii. Must be explicit for the information they are relying on that is not from another police personnel b. Warrant language/searches i. Minor inconsistencies/errors in warrant language cannot invalidate a warrant, but major errors can ii. Warrants need to be particular enough for what is being searched in order to prevent someone else from interpreting the warrant a different way or cause confusion (cannot leave it to the discretion of the magistrate or other officers to determine what should be searched for)
7. There is some flexibility when dealing w/ narcotics ii. Good Faith exception
8. When the warrant is made in error by the magistrate that is not obvious to the officer executing the warrant, then the exception applies
9. Probable Cause to Search a. Probable cause to search an area demands that there be sufficient likelihood that: i. Something that is subject to seizure by the government (contraband or fruits, instrumentalities or evidence of a crime) ii. Is presently iii. In the specific place to be searched
10. Informants a. No accountability b. Affidavit i. Signed by officers under pains and penalties of perjury (accountability) b. Hearsay: non-first hard knowledge
11. Cases a. Draper v. US i. Facts: A known informant, Hereford, told a narcotics agent that Draper had gone to Chicago by train on Sept. 6 and would be returning to Denver with three ounces of heroin on the morning of Sept 8 or 9 by train. Hereford provided a

detained description of Draper and his clothing, said that he would be carrying a tan bag, and “walked real fast.” The agent saw a man meeting the description in all respects arrive on the morning train from Chicago on Sept 9. Draper was arrested and searched. Heroin was found on him. ii. The informant (known to the police) is not publicly known iii. This was before the test, but this is like the totality of the circumstances test

1. Taking all the circumstances together iv. What is the Court concerned about?
2. Unidentified informants i. Known to the police, but not to the magistrate ii. Unknown to the police
3. Hearsay information i. Information conveyed to the magistrate not based on the personal knowledge of the police ii. Reliability of the information b. Spinelli v. US i. Facts: Spinelli was convicted of traveling across state lines to conduct unlawful gambling activities. At every stage in the proceedings in the lower courts, Spinelli challenged the constitutionality of the warrant under which the FBI searched and seized the evidence necessary for his conviction. Dissatisfied with the Draper approach to hearsay-based findings of probable cause and wanting to underscore the principles stated in Aguilar v. Texas , 378 US 108 (1964 ), the court granted certiorari and heard the Spinelli case ii. Issue: Whether information from an informant establishes the necessary probable cause to obtain a search warrant when the affidavit fails to contain details as to why the informant is reliable or explain how he came to the conclusions he did iii. Court held that information from an informant does not establish the necessary probable cause to obtain a search warrant when the affidavit fails iv. The court in Aguilar held that a warrant must set forth the underlying circumstances necessary for the magistrate to judge the validity of an informant's conclusions, and it must establish that the informant is credible and the information is reliable v. Court needs to go farther than Aguilar
4. An affidavit that lacks sufficient detail to explain why an informant is reliable and how he came to his conclusion does not provide the necessary probable cause to obtain a search warrant

Lance brings back over $100,000.00 in drugs. He says Sue will make a trip to Florida on a certain date. The police pursue the tip, perform an investigation and obtain a search warrant. When they return home at the expected time the police are waiting for them with the search warrant. A large quantity of marijuana and other contraband were seized ii. Issue: Whether a warrant application based on partially corroborated evidence from an unknown informant satisfies the probable cause requirement of the 4th Amend. iii. Illinois Supreme Court:

1. Applying the Aguilar-Spinelli test the warrant fails. The affidavit did not contain sufficient information to support probable cause. The letter, as supplemented by the police affidavit did not reveal the basis of knowledge of the writer and did not provide facts sufficiently establishing the veracity of the writer ii. US Supreme Court: Reversed
2. Court held that corroborated statements by an unknown informant can amount to probable cause i. Veracity and basis of knowledge are highly relevant considerations in the "totality of the circumstances analysis." A deficiency in one may be compensated for, in determining the overall reliability of a tip, by a strong showing as to the other, or by some other indicia of reliability ii. Rule of Law: A warrant application satisfies the 4th Amendment probable cause requirement so long as it establishes a substantial basis for concluding that a search will uncover evidence of wrongdoing iii. Totality of the Circumstances Test
3. Makes it easier for the police and the magistrates look at 4 corners of the application affidavit and there was probable cause ii. Totality of the Circumstances Analysis
4. Given all the circumstances set forth in the affidavit, the persons supplying hearsay info must have i. Veracity; AND ii. Basis of Knowledge b. Unreasonableness and the Warrant Requirement i. Searches
5. Probable Cause to Search a. Probable cause to search an area demands that there be sufficient likelihood that: i. Something that is subject to seizure by the government (contraband or fruits, instrumentalities or evidence of a crime) ii. Is presently

iii. In the specific place to be searched

2. Cases a. Johnson v. US i. Facts: Based on information from a confidential informant, the police went to the Europe Hotel where they immediately recognized a strong odor of burning opium. The odor led to Room 1. The police knocked and said they wanted to talk to the woman who answered the door. She acquiesced to police authority and admitted them. When the room was searched the police found opium. ii. Issue: Whether it is necessary to secure a warrant prior to searching an area when the police know there is probable cause iii. Even though the woman opened the door for the police, the court says that she did not invite them in. She just acquiesced to police authority iv. It is necessary for police get a warrant before searching an area
3. A third party needs to decide whether there is probable cause before granting a warrant (i.e. third party needs to oversee acts of police) b. US v. Grubbs i. Facts: Officers arranged for the controlled delivery of a package containing a child pornography videotape purchased by Grubb. The affidavit supporting the search warrant for the videotape stated: “Execution of this search warrant will not occur unless and until the parcel has been received by a person(s) and has been physically taken into the residence.” The warrant was issued as requested. The package was delivered and taken inside Grubb’s residence. As Grubbs was leaving the house a few minutes later, officers detained him, executed the warrant and seized the videotape. ii. There was a triggering condition iii. Grubbs was provided w/ a copy of the warrant, which included both attachments, but not the supporting affidavit that explained when the warrant would be executed iv. The warrant was an anticipatory one
4. Anticipatory warrants are warrants based upon an affidavit showing probable cause that at some future time (but not presently) certain evidence of crime will be located at specific place
5. For the most part all warrants could be considered anticipatory since there is some sort of guessing that to contraband will be and remain at the location ii. If an officer lies, then you can attack the warrant
6. If it can be proven by a preponderance of the evidence that the officer lied in the affidavit, then a Frank's

ii. Arrests iv. No knock searches may be considered unreasonable (needs to be at least 20 - 30 seconds), unless a no knock warrant is obtained v. Officer MUST knock and announce

1. Probable Cause to Arrest a. Probable cause to arrest a person requires that there be a certain quantum of likelihood that: i. The particular individual ii. Has committed or is committing a particular offense
2. Whren v. US a. Facts: Plainclothes officers on patrol in a high drug area in an unmarked car notice a dark truck with youthful occupants at a stop sign. The driver was looking down into the lap of the passenger at his right and the truck remained stopped at the intersection for more than 20 seconds. The truck then turned right without signaling and took off speeding. The officers stopped the truck. After noticing two large plastic bags of what appeared to crack cocaine in the defendant passenger’s hands, he was arrested b. Issue: Whether the temporary detention of a motorist who the police have probable cause to believe has committed a civil traffic violation is inconsistent w/ the 4th Amendment's prohibition against unreasonable seizures unless a reasonable officer would have been motivated to stop the car by a desire to enforce the traffic laws c. D argues that use of a traffic violation as a pretense to stop and search/seize does not amount to probable cause d. However, the court says that it could amount to probable cause, thus the stop is reasonable under the 4th Amendment e. Court held that when there is probable cause that a traffic offense has occurred, the officer's subjective motives for detaining the motorist do not invalidate the officer's actions under the 4th Amendement f. Rule of Law: Except the inventory searches and administrative inspections, when probable cause of illegal conduct exists, an officer's true motive for searching or detaining a person does not negate the constitutionality of the search or seizure
3. US v. Watson a. Facts: A signal was given by a reliable informant that Watson had stolen credit cards and he was arrested. A search revealed that Watson had no cards on him. When asked if the inspector could look inside his car, Watson said “Go ahead.” The inspector entered the car and found two credit cards. Watson was arrested. b. Issue: Whether a warrantless arrest violates the 4th Amendment if there was probable cause to believe that the person had committed a felony c. If the arrest was invalid, then everything after the arrest is also invalid

i. The arrest is being questioned here b. Arrest warrants are similar to search warrants where there is enough evidence to issue an arrest warrant i. If you commit a crime in the presence of a police officer, then an arrest warrant is not needed b. The agency that made the arrest only needs to have reasonable grounds that a crime is being committed in order to make an arrest c. Court held that a warrantless arrest does not violate the 4th Amend if there was probable cause to believe that the person had committed a felony i. Watson's arrest is valid of an arrest warrant since state statute permitted the arrest b. This case reaches the Supreme Court since there is a dispute of whether the standard needs to be reasonable grounds of probable cause c. Officers did not get a warrant b/c there was not enough time i. The concurrence states that there were exigent circumstances and the majority could have decided this way ii. However, the majority decided that history has allowed officers to make warrantless arrest under the circumstances of the case (court falls back on common law, history, and practice) b. Arrest warrants never go stale, they can last for a while (usually), while search warrants can go stale c. Felons in public places are more mobile than goods, thus warrantless arrest may take place

2. Atwater v. Lago Vista a. Facts: This is a civil action under 42 USC sec. 1983. Atwater was driving her pickup truck in Lago Vista with her two small children in the front seat. None of them was wearing a seatbelt. A police officer observed the seatbelt violation and pulled Atwater over. The officer yelled at her and said “you’re going to jail.” She was arrested. A seatbelt violation carries no jail sentence and a maximum fine of $ b. Issue: Whether the 4th Amendment forbids a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine c. Under the Texas statute, an officer may cite or arrest, w/o a warrant, a person found committing a violation of the seatbelt laws d. Ms. Atwater filed a §1983 suit for civil rights violation i. She was arrested, booked into jail and she had to wait to be brought in front of a magistrate for an unreasonable period of time before she was allowed to be released on bond b. Court held that Ms. Atwater's arrest is constitutional i. The standard of probable cause applies to all arrests w/o the need to 'balance' the interests and circumstances involved in particular situations

i. Payton Case -- non-exigent and non-consensual (need to have some reason to believe the arrestee is there)

2. Chimel v. California a. Facts: Police officers arrived at Chimel’s home with a warrant authorizing his arrest for the burglary of a coin shop. When Chimel came home, he was handed the arrest warrant. Over his objection, the police then conducted a search through the entire three- bedroom house. They directed Chimel’s wife to open drawers and to move contents of the drawers so they could view any items that would have come from the burglary. They seized numerous items —primarily coins. The search took between 45minutes and an hour b. Issue: Whether a warrantless search of an entire home permissible when search is incident to a lawful arrest that takes place in the home c. The Rabinowitz case has evolved from the holding of the Weeks case in holding that a warrantless search incident to a lawful arrest may generally extend to the area that is considered to be in the "possession" or under the "control" of the person arrested d. When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape e. It is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee's person in order to prevent its concealment or destruction f. It is also reasonable for the arresting officer to search the area into which an arrestee might reach in order to grab a weapon or evidentiary items g. Chimel limits the scope of where searches are acceptable h. Court held that the search performed was unreasonable under the 4th Amendment i. Rule of Law: Incident to a lawful arrest, a warrantless search of the area in possession and control of the person under arrest is permissible under the 4th Amendment
3. US v. Robinson a. Facts: Officer Jenks observed Robinson driving a Cadillac and determined that Robinson was operating a motor vehicle after the revocation of his operator’s license. This is an offense which carried a mandatory minimum jail term. Jenks stopped the car and effected a full custody arrest. In accordance with procedures prescribed in police department instructions, Jenks searched Robinson thoroughly. Jenks felt something in his breast pocket, reached in and found a cigarette pack. He felt the pack and knew the objects inside were not cigarettes. He then opened the pack and found capsules containing heroin b. Issue: Whether is it reasonable to conduct a full search of the person being arrested during a lawful arrest

c. The traditional exception to the warrant requirement i. A search may be made of the person of the arrestee by virtue of the lawful arrest ii. A search may be made of the area w/in the control of the arrestee b. The officer had the right to stop and search the arrestee (lawful custodial arrest) i. The first thing we must consider is the officers' safety b. Court held that the search was permissible i. The authority to search an arrestee arises when the police make a custodial arrest b. Dissent i. The reason of a search must be balanced w/ the offense a person is being arrested for

1. In this case, an officer may not fear for his safety in arresting someone for the traffic stop b. Nevertheless, the majority held that it does not matter what the offense is b/c there is a chance that a person arrested for a traffic violation has a weapon and may use it against the officer c. Note 3: Constitutionality to Search a Person for a Citation i. Court in the Knowles case does not extend the holding of the Robinson case to the case in hand b. Rationale for Search Incident to Arrest Exception i. Need to disarm suspect for officers' safety ii. Need to preserve evidence for later use at trial
2. NY v. Belton a. Facts: When Belton and other occupants were stopped for speeding, the officer smelled burnt marijuana and saw an envelope with a mark associated with marijuana. The men were ordered out of the car and arrested for unlawful possession of marijuana. The officer picked up the envelope and found marijuana inside. He then searched the passenger compartment of the car where on the back seat was Belton’s jacket. The officer unzipped a pocket of the jacket and found cocaine. Belton was charged and convicted of another narcotics crime arising out of this find. b. Issue: Whether the passenger compartment of the car within the arrestee's immediate control is subject to search where an officer has instructed the occupant of a car to step out of the automobile and has placed the occupant under arrest c. The court held that the passenger area of the car is under the immediate control of a recent occupant now under arrest and is subject to lawful search by the arresting officer i. The officer's search of Belton's jacket was lawful and the cocaine evidence was properly admitted at trial b. Rule of Law: Incident to a lawful arrest, the police may search the area w/in the arrestee's immediate control