what if other crimes are discovered in the course of a search

What happens if the police find evidence during a search?

If, during a search that is within the legal paramters of a warrant, the police uncover evidence of an unrelated crime, they may seize that evidence immediately and arrest anyone related to the evidence based on probable cause to believe a crime has been committed.

When does an investigation turn into a search?

For an investigation to turn into a search, a court must conclude that the investigation impinged or intruded upon a person's "legitimate expectation of privacy." This is found when the answers to the above two questions are yes.

What is discovery in a criminal case?

In the criminal context, discovery once consisted mostly of the defendant getting evidence from the prosecution. This might include the reports and records made by the police, as well as statements by witnesses who will testify for the prosecution.

When can police conduct a search without a search warrant?

Under some circumstances, police are authorized to conduct a search without first obtaining a search warrant. Common exceptions to the warrant requirement include: Consent. Police may conduct a search without a search warrant if they obtain consent.

What are the 3 exceptions to the exclusionary rule?

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

What are the 3 exigent circumstances?

police officers in hot pursuit of a fleeing felon; the possibility of destruction or removal of evidence (such as drugs); the need to prevent the criminal suspect's escape; and. the risk of danger to law enforcement officers or to others inside the property.

What is the inevitable discovery rule?

The inevitable discovery doctrine, one such exception, permits the introduction of illegally obtained evidence if the prosecutor can prove that such evidence would have been lawfully discovered in the course of a routine, predictable investigation.

What is the good faith exception to the exclusionary rule?

The exclusionary rule states that when police unlawfully seize evidence it cannot be used against the accused at trial. The good faith exception allows evidence unlawfully obtained by police into court if the police officer acted in good faith when he violated the rights of the accused.

What is the hot pursuit rule?

The “hot pursuit” doctrine provides that police may pursue a fleeing felony suspect into a home, without a warrant, when they have probable cause to make an arrest and when they set that arrest in motion in a public place.

What is the Gant rule?

Rule: An officer is permitted to conduct a vehicle search when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.

What kind of searches are prohibited?

In general, most warrantless searches of private premises are prohibited under the Fourth Amendment, unless specific exception applies.

What is the fruit of the poisonous tree rule?

A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The doctrine was established in 1920 by the decision in Silverthorne Lumber Co.

Should illegally obtained evidence be admissible in court?

Evidence derived from illegal police actions is generally inadmissible—so is any evidence that's discovered as a result; that is, unless an exception exists. You might know that evidence the cops find during an illegal search of you or your belongings is probably inadmissible in criminal court.

What does the exclusionary rule not apply to?

The exclusionary rule does not prevent the government from introducing illegally gathered evidence to “impeach,” or attack the credibility of, defendants' testimony at trial. The Supreme Court recognized this exception in Harris v. New York as a truth-testing device to prevent perjury.

What exception allows the use of illegally obtained evidence in non trial proceedings?

The ethical exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough. Searches and seizures make up the great bulk of suppression cases.

What is not an exception to the exclusionary rule?

0:253:11Five Exceptions to the Exclusionary Rule [No. 86] - YouTubeYouTubeStart of suggested clipEnd of suggested clipOne of the exceptions to the exclusionary rule is known as the independent. Source exception theMoreOne of the exceptions to the exclusionary rule is known as the independent. Source exception the basic idea is that if evidence was obtained by the police. Through two ways one being an illegal.

James Roy Dickinson

The evidence may be given, but not necessarily used. The question is one of standing, and whether the "different person" had a privacy interest in the property searched. More

Patrick Michael Pekin

More information is needed to really give you a helpful answer. The type of evidence found of an unrelated offense would be good to know - is it of a public safety concern, for example? Is the other crime high profile or involve a political issue? There may not be any public interest in pursuing the other offense.

Greg Thomas Hill

Maybe. It all depends on a number of factors..none of which have been revealed here. As a general rule of thumb, if the police are doing a search or are in a location they are legally allowed to be in, anything they find is fair game. But that is a general answer to such a general question...

Why is cocaine not admissible evidence?

The cocaine is probably not admissible evidence because the small jewelry box could not possibly have held a handgun. However, if the warrant included ammunition as well as handguns, the cocaine may be admissible because Officer Samantha had a legitimate reason ...

What items can police seize?

For example, Officer Samantha obtains a search warrant to search Emile’s house for handguns. While searching, she opens a small jewelry box and discovers cocaine . The cocaine is probably not admissible evidence because the small jewelry box could not possibly have held a handgun. However, if the warrant included ammunition as well as handguns, the cocaine may be admissible because Officer Samantha had a legitimate reason to search such a small box.

What happens if a judge is persuaded by an affidavit?

If the judge is persuaded by the affidavit, they will issue a warrant that authorizes a search of the location for certain types of evidence. An occupant of the home or other location being searched does not have the opportunity to contest a finding of probable cause before the search.

What is the exception for stop and frisk?

Similarly, there is an exception for stop and frisks when an officer has a reasonable suspicion that someone is involved in criminal activity, and the officer believes that they may be armed and dangerous. Finally, there is a general emergency exception that allows the police to conduct a search without a warrant if a delay would endanger public ...

What is the scope of a warrant?

The Scope of a Warrant. The warrant will define the physical location that can be searched and the type of evidence for which the police are searching. If it limits the search to a certain area of the building, the police cannot search other areas. If it limits the search to drugs and related paraphernalia, the police cannot search ...

Do you need a warrant to search a kitchen?

The Plain View Doctrine. An officer does not need a warrant to search for and seize evidence in plain view from anywhere the officer has a legal right to be. This means that an officer may search an individual’s backyard if they see marijuana from the public sidewalk. It also means that an officer with a valid warrant to search a kitchen may expand ...

When does an exception to the Fourth Amendment arise?

Or an exception may arise when certain circumstances justify the search.

Why is discovery important in criminal cases?

In the criminal context, discovery once consisted mostly of the defendant getting evidence from the prosecution. This might include the reports and records made by ...

Why do prosecutors avoid ambush?

Historically, this could happen because prosecutors were not required to share their evidence with defendants.

What is exculpatory evidence?

Prosecutors must disclose known material exculpatory evidence to the defendant. Exculpatory evidence is that which tends to show that the defendant is not guilty. A failure to disclose exculpatory evidence may lead to an overturned conviction.

Do jurors trust the testimony of an officer?

Most jurors will trust the testimony of an officer over the testimony of other witnesses, and they often assume that the officer handled a situation appropriately. If part of the defense involves a claim that the police mishandled the situation, the defendant’s attorney may want to get the officer’s personnel records.

Does discovery increase the chance of a trial?

You might think that discovery increases the chance that a defendant will win at trial, but this is not necessarily true. Often, knowing more about the strengths of the prosecution’s case will encourage a defendant to accept a plea bargain rather than taking their case to a jury.

Can a witness list be developed?

Witness lists may not be developed until the prosecution has spent some time developing the case, and they may change over time.

Do you have to hand over files to the government?

The government does not need to hand over these files to the defense if they will not be relevant to the defendant’s case. Usually, the appropriate agency will conduct a review of a file and give the defense only the parts of the file that may be relevant.

What is the purpose of a search incident to arrest?

While conducting a lawful arrest, an officer may search an individual's person and their immediate surroundings for weapons or other items that may harm the officer. If a person is arrested in or near a vehicle, the officer has the right to search the passenger compartment of that vehicle. Exigent Circumstances.

What is a search warrant?

A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items. To obtain a search warrant, police must show probable cause that a crime was committed and that items connected to the crime are likely to be found in the place specified by the warrant.

What is the exclusionary rule?

The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law. Evidence gathered on the basis of illegally obtained evidence (known as "fruit of the poisonous tree") will also be excluded. Last updated August 2019. Criminal Law Contents. Criminal Law.

Which amendment protects citizens from unreasonable searches and seizures?

The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement officers. A search and seizure is considered unreasonable if it is conducted by police without a valid search warrant, and does not fall under an exception to the warrant requirement.

Can a police officer search a house without a warrant?

Yes. Under some circumstances, police are authorized to conduct a search without first obtaining a search warrant. Common exceptions to the warrant requirement include: Consent. Police may conduct a search without a search warrant if they obtain consent. Consent must be freely and voluntarily given by a person with a reasonable expectation ...

Can police enter a private home?

Police may enter a private dwelling if they are in "hot pursuit" of a fleeing criminal. Once inside a dwelling, police may search the entire area without first obtaining a search warrant.

Can police search a specific area?

Police may only search the particular area and seize the specific items called for in the search warrant. Police may search outside the scope of the warrant only if they are protecting their safety or the safety of others, or if they are acting to prevent the destruction of evidence.

What happens if a search is unlawful?

If a search or seizure is deemed unlawful, it could lead to the removal of evidence against you, making a significant difference in your case.

Which amendment protects against illegal searches?

Search and Seizure Law. The Fourth Amendment to the U.S. Constitution prevents illegal searches and seizures and is one of the most fundamental rights guaranteed to Americans. Although this is a fundamental right, there are still plenty of exceptions to search and seizure laws, so it pays to understand how and when the police may search you ...

What are the things that courts have been willing to uphold?

Bags, Purses and Briefcases: generally, courts have been willing to uphold a person's expectation to privacy in their personal belongings carried in a bag, purse or briefcase. This has even included a somewhat see-through bag carried by a passenger on a public bus.

What is the second part of the privacy test?

The second part of the test is meant to avoid scenarios where someone might say that they truly expected something to be private, but that society as a whole would disagree. The second part of the test makes privacy a broader social question regarding what is private and what is not.

Which amendment allows reasonable searches and seizures?

Since the Fourth Amendment allows reasonable searches and seizures, and because reasonableness turns on expectations of privacy, most court cases turn on whether society (a jury in this case) agrees that someone had an objectively reasonable expectation to privacy. There are no hard and fast rules, but there are some common situations:

What is the 4th amendment? What are some examples?

The most common example of this is when security personnel seek to search your belongings. While the police may not be able to just rummage inside of your purse, a mall cop can. Perhaps even more shocking to most, is that if the mall cop finds illegal drugs, he or she can turn you and the drugs over to the police and the evidence is admissible. Essentially, a security guard can do what a police officer can't.

Is search and seizure a fundamental right?

Although this is a fundamental right, there are still plenty of exceptions to search and seizure laws, so it pays to understand how and when the police may search you and seize your property in accordance with the law. The following provides an overview of search and seizure law and how it impacts your rights.

What is search and seizure law?

Search-and-seizure law is complex, and can vary somewhat from one state to another. Make sure to consult an experienced criminal defense attorney if you have a case. A lawyer can explain the law as it applies to your situation.

What happens if the connection between the arrest and the statement isn't strong enough?

If the connection between the arrest and the statement isn't strong enough, the defendant's words will normally be fair game. A court might find, for example, that the link between an illegal arrest and a confession has been sufficiently weakened if the suspect had been released from jail, talked to a lawyer, and come back to ...

What case did the Supreme Court rule that SCOTUS had to rule on illegal arrests?

In a 2010 case, the Supreme Court of Colorado noted that SCOTUS had laid out the rule for cases involving illegal arrests but hadn't "directly addressed the issue of confessions resulting from illegal searches.".

Is unlawful police conduct inadmissible?

Incriminating statements that come from unlawful police conduct are often inadmissible in court. By Micah Schwartzbach, Attorney.

Is confession a fruit of the poisonous tree?

Confessions as Fruit of the Pois onous Tree. The U.S. Supreme Court has held that even a confession that comes after the Miranda warnings will be inadmissible (considered " fruit of the poisonous tree ") if it's the product of an illegal arrest. The issue in this kind of case is how closely related the incriminating statement and arrest are.

Avoiding An Ambush at Trial

The Impact of Discovery

• You might think that discovery increases the chance that a defendant will win at trial, but this is not necessarily true. Often, knowing more about the strengths of the prosecution’s case will encourage a defendant to accept a plea bargain rather than taking their case to a jury. This can further the efficiency goals of the prosecution and secure a...

See more on justia.com

Timing in The Discovery Process

Getting Police Personnel Records