{"id":14098,"date":"2018-02-16T17:26:04","date_gmt":"2018-02-16T17:26:04","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14098"},"modified":"2018-02-23T19:35:29","modified_gmt":"2018-02-23T19:35:29","slug":"various-forms-of-lawful-searches","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14098","title":{"rendered":"Various Types of Lawful Warrantless Searches:"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>>\u00a01. The Arrest, Search and Seizure, and Booking<\/a> >>>>\u00a0 Search and Seizure – reasonable<\/em> or unreasonable<\/em>?<\/a> >>>> Search<\/a>:<\/span><\/span>
\n<\/strong><\/p>\n

*******************<\/p>\n

warrantless search<\/span>:<\/span><\/strong>
\n(1950)<\/span><\/p>\n

1. A search conducted without obtaining a warrant.\u00a0 *\u00a0 Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest.\u00a0 <\/strong>See exigent circumstances<\/em> under CIRCUMSTANCE; protective search<\/em>. [1]
\n<\/span><\/p>\n

1. The arrest of a person without a search warrant<\/a>.\u00a0 A police officer may make such a search if it is made in connection with a<\/span> lawful arrest<\/a>. <\/span><\/strong>[2]<\/span><\/span><\/p>\n

administrative search<\/span> –<\/strong> (1960) <\/span>1.<\/strong> Administrative law<\/em>. The inspection of a facility by one or more officials of an agency with jurisdiction over the facility\u2019s fire, health, or safety standards.\u00a0 *\u00a0 The administrative search is an exception to the rule that searches require a warrant based on probable cause. Because an administrative search is not related to a criminal investigation, no warrant is usually required. <\/strong>\u2014 aka regulatory search<\/span><\/strong><\/em>; inspection search<\/span><\/strong><\/em>.<\/span><\/p>\n

border search<\/span> –<\/strong> (1922) 1. A search conducted at the <\/strong><\/span>border of a country, especially at a checkpoint, to exclude illegal aliens and contraband.<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Charles H. Whitebread, Criminal Procedure<\/em><\/a> 5 12.02, at 227 (1980):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201c[W]arrantless searches and seizures conducted at natonal boundaries are permitted under the general authority of the United States to ensure the integrity of its borders.\u00a0 As the Supreme Court<\/a> stated in Carroll v. United States<\/em>, such activity ensures \u2018national self-protection reasonably requiring one entering the country to identify himself as entitled to come in, and his belongings as effects which may be lawfully brought in.\u2019 [267 U.S. 132, 154, 45 S.Ct. 280, 285 (1925).]\u00a0 Thus, the right to remain silent and protect one\u2019s personal belongings from government intrusion, normally afforded constitutional protection, are surrendered at the border.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

2. Loosely, a search conducted near the border of a country.\u00a0 *\u00a0 Generally, searches near the U.S. border are treated no differently from those conducted elsewhere in the country.<\/span><\/strong><\/p>\n

checkpoint search<\/span> –<\/strong> (1973) 1. A search anywhere on a military installation.\u00a0 2. A search in which police officers set up roadblocks and stop motorists to ascertain whether the drivers are intoxicated.<\/strong><\/span><\/p>\n

consent search<\/span><\/a> – conducted after a person with the authority to do so voluntarily waives Fourth Amendment rights. <\/strong>\u2014 aka consensual search<\/span><\/strong><\/em>; permissive search<\/span><\/strong><\/em>.<\/span><\/p>\n

constructive search<\/span> –<\/strong> (1946) A subpoena of a corpora<\/strong><\/span>tion\u2019s records.<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0 Excerpt from 68 Am. Jur. 2d Searches and Seizures \u00a7 44, at 674 (1993):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cTilt is settled that the so-called \u2018constructive search\u2019 involved in an administrative subpoena of corporate books or records constitutes a \u2018search\u2019 or \u2018seizure\u2019 within the meaning of the Fourth Amendment.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

emergency search<\/span> –<\/strong> (1971) A warrantless search conducted by a police officer who has probable cause and reasonably believes that, because of a need to protect <\/strong><\/span>life or property, there is not enough time to obtain a warrant.<\/strong>\u00a0 See EMERGENCY DOCTRINE (3).<\/span><\/p>\n

exigent search<\/span> –<\/strong> (1974) A warrantiess search carried out under exigent circumstances, such as an imminent danger to human life or a risk of the destruction of evidence.<\/strong>\u00a0 See exigent circumstances<\/em> under <\/span>CIRCUMSTANCE. <\/span><\/p>\n

inventory search<\/span> –<\/strong> (1966) A complete search of an arrestee\u2019s person be ore the arrestee is booked into jail.\u00a0 *\u00a0 All <\/strong><\/span>possessions found are typically held in police custody.<\/span><\/strong><\/p>\n

investigative search<\/span> –<\/strong> (1964) A search, especially a police search, of the contents of a place, vehicle, bag, or the like for the purpose of cataloguing the items, eliminating dangerous items, and protecting the custodian from theft claims.<\/strong><\/span><\/p>\n

manual body-cavity search<\/span> –<\/strong> (1982) A strip search in which the police engage in some touching or probing <\/strong><\/span>of a person\u2019s orifices. <\/strong>\u2014 aka digital body-cavity search<\/span><\/strong><\/em>. <\/span><\/p>\n

pretextual search<\/span> –<\/strong> (1968) A police search of a person or vehicle for fabricated reasons that are calculated to forestall or preclude constitutional objections.<\/strong> \u2014 aka pretext search<\/span><\/strong><\/em>.<\/span><\/p>\n

private search<\/span> – A search conducted by a private person rather than by a law-enforcement officer.\u00a0 *\u00a0 Items found during a private search are generally admissible in evidence if the person conducting the search was not acting at the direction of a law-enforcement officer.<\/span><\/strong><\/p>\n

protective search<\/span> –<\/strong> (1967) 1. A search of a detained suspect and the area within the suspect\u2019s immediate control, conducted to protect the arresting officer\u2019s safety (as from a concealed weapon) and often to preserve evidence.\u00a0 *\u00a0 Typically broader than a search incident to arrest, a protective search can be conducted without a warrant. Chimel v. California<\/em>, 395 US. 752, 89 S.Ct. 2034 (1969)<\/span>.<\/strong> \u2014 aka Chimel search<\/strong><\/em><\/span> (sha <\/span>mel).\u00a0 2. Broadly, any search conducted to secure an area.<\/strong><\/span><\/p>\n

search incident to arrest<\/span> –<\/strong> (1930) A warrantless search of a suspect\u2019s person and immediate vicinity, no warrant being required because of the need to keep officers safe and to preserve evidence.\u00a0 *\u00a0 Although protective in nature, a search incident to arrest is typically narrower than a protective search (in sense 2), confined to an area <\/strong><\/span>within reach of the arrested person and perhaps companions.<\/strong>\u00a0 Cf. protective search.<\/span><\/p>\n

s<\/span><\/strong>hakedown search<\/span> –<\/strong> (1952) A usually unannounced and warrantless search for illicit or contraband material (such as weapons or drugs) in a prisoner\u2019s cell<\/strong> <no weapons were found during the shakedown>.<\/strong> \u2014 Often shortened to shakedown<\/strong><\/em><\/span>.<\/span><\/p>\n

strip search<\/span> –<\/strong> (1955) A search of a suspect<\/strong> whose clothes have been removed, the purpose usually being to find any contraband the person might be hiding.<\/strong><\/span><\/p>\n

unreasonable search<\/span> –<\/strong> (18c) A search conducted without probable cause or other considerations that would make it legally permissible.<\/strong> \u2014 aka illegal search<\/span><\/strong><\/em>.<\/span><\/p>\n

visual body-cavity search<\/span> –<\/strong> (1980) A strip search in which, without touching, a law-enforcement officer closely inspects a person\u2019s orifices.<\/strong>\u2014 aka visual body-cavity inspection<\/span><\/strong><\/em>.\u00a0 Cf. manual body-cavity search.<\/span><\/p>\n

voluntary search<\/span> –<\/strong> (1936) A search in which no duress or coercion has been applied to obtain the defendant\u2019s consent<\/strong>.\u00a0 See consent search<\/em>.
\n<\/span><\/p>\n

 <\/p>\n

\u00a0<\/span>zone search<\/span> – A search of a crime scene (such as the scene of a fire or explosion) by dividing it up into specific sectors.<\/strong> \u2014 aka sector search<\/span><\/strong><\/em>.<\/span><\/p>\n

2. An examination of public documents or records for information; especially, TITLE SEARCH. <\/span><\/strong><\/p>\n

3.<\/strong> Int\u2019l law<\/em>. The wartime process of boarding and examining the contents of a merchant vessel for contraband.\u00a0 *\u00a0 A number of treaties regulate the manner in which the search must be conducted.\u00a0<\/strong> See RIGHT OF SEARCH.<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/strong><\/span><\/p>\n

[2]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/strong>Legal Assistant Edition<\/b><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/em>Doctored<\/b><\/a><\/strong>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/strong><\/span><\/p>\n

[3]: Charles H. Whitebread, Criminal Procedure<\/em><\/a> 5 12.02, at 227 (1980).<\/strong><\/span><\/p>\n

[4]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

\u00a0<\/span><\/strong><\/p>\n

[5]: 68 Am. Jur. 2d Searches and Seizures \u00a7 44, at 674 (1993).<\/span><\/strong><\/p>\n

*******************************<\/span><\/span><\/strong><\/p>\n

Back to Posttrial Motions to Contest, Alter, or Attain Relief from the Judgment<\/a><\/span><\/span><\/strong><\/p>\n

Back to <\/span><\/span><\/strong>Posttrial Motions<\/span><\/a><\/strong><\/p>\n

Back to\u00a0Motions<\/a><\/span><\/span><\/strong><\/p>\n

Home Page<\/span><\/a><\/strong><\/p>\n

Like this website?<\/span><\/span><\/strong><\/p>\n

Please Support Our Fundraiser<\/span><\/a><\/strong><\/p>\n

or donate via\u00a0<\/span><\/span><\/strong>PayPal<\/span><\/a><\/strong>:<\/span><\/span><\/strong><\/p>\n