Unit 3 contents and learning objectives

Search and Seizure

In the case scenario described there are several elements that must be considered. The first thing that should be established is that if a judge can be shown that evidence exists a crime is being committed that judge has the right to issue a warrant. In this particular scenario it would not be unreasonable for a judge to issue a warrant based on the traffic coming in and out of the house, however, it would be a stronger warrant if the vehicles leaving could be stopped and searched for drugs and drugs were indeed found in those cars immediately after leaving the house in question.

The requirements for searching a house and the requirements for searching a vehicle are not identical. The Supreme Court ruled years ago that vehicles cannot be held to the same standard that homes are held in with regard to search and seizure.

The fourth amendment of the United States Constitution protects individuals from unreasonable search and seizure in the privacy of their home. One could argue that had the nations' forefathers could have known that vehicles would be invented later in history, they would have extended the amendment to protect them as well, however there is no way of knowing to be sure, so the Supreme Court has ruled the constitution was not meant to apply to vehicles.

The requirements of searching a vehicle and a home are identical when it comes to permitted searches. If the person in the vehicle or the home agrees to a search no warrant is needed. If the person is on parole or probation and it is a condition of their program to allow searches no warrant is needed. If neither of these scenarios apply then different standards apply to each situation.

In a vehicle officers are held to something called a "plain view" standard. This means if they pull a vehicle over for a traffic stop and they see something illegal in "plain view" they are now legally authorized to search the vehicle. An example would be if an office approached a car and saw an open container of liquor, or if he saw what appeared to be crack rocks on the dash board he would be able to search the rest of the car.

When it comes to searching a house without permission the officer must obtain a warrant and that can be obtained only if a judge is convinced there is PROBALE cause to believe the warrant will produce evidence of a crime. It cannot be because the officer has heard on the street the homeowner is a drug dealer. It cannot be based on the fact that the homeowner has been caught dealing drugs in the past. It must be because at this exact time in history there is reasonable and probably cause to believe that a crime is being committed. In other words it cannot be based on past or future concerns.

The threshold of probable cause in a vehicle and home search is not identical either. In a vehicle if plain view is suspected or someone is under arrest for dui or any other violation their vehicle can be searched without a warrant.