Searches of Papers and Effects

1
Searches of Papers and Effects

• cars, in particular.

2
Principles of Boyd case?

• Relationship of seizure of private papers and
  self-incrimination?
• SCt has disavowed this part of Boyd.
• Special protection of private papers?
• This part of Boyd not good law anymore either.

3
Are ones bank records protected from govt
searches?

• Not by the 4th amendmentno reasonable
  expectation of privacy
• Majority of states--privacy protected
• Federal Right to Financial Privacy Act (1978)
  requires notice an oppy to object.

4
Effects/Cars Inventory Search

• (1) impoundment must be lawful
• (2) purpose of I.S. to protect owners
  property, and to protect police from claims and
  danger
• (3) conducted in good faith, pursuant to
  reasonable standardized procedures and not as a
  pretext for investigation.

5
Why require standardized procedures?

• To limit and guide an officers discretion about
  whether and how to search the car and its
  containers.
• SCt also requires rules on treatment of
  containers.

6
Standardized Procedures in Hundley?

• This examination and inventory shall be
  restricted to those areas where an owner or
  operator would ordinarily place or store property
  or equipment in the vehicle/boat and would
  normally include front and rear seat areas, glove
  compartment, map case, sun visors, and trunk and
  engine compartment.

7
Does the rule in Hundley limit and guide an
officer?

• Under what circumstances may
• A car be impounded?
• Or an inventory search be conducted?
• What procedure must be followed in conducting
  inventory search?
• May containers be searched? Any suspicion
  required? Warrant?

8
Least intrusive means

• 15 states require police to give arrestee a
  reasonable chance to turn custody of car over to
  someone else in order to avoid impoundment

9
Prob. 4-6Jail House I.S.

• Why was Filkin arrested?
• Does it matter that arresting officer was
  watching I.S. carefully?
• Need to open film canister?

10
Searching Cars and Containers

• P.C. to search car
• Exception to warrant requirement NO warrant
  needed. (Carroll)
• Exception to the warrant requirement, NOT to the
  probable cause requirement

11
Rationale for Warrant Excep.

• Cars can be quickly moved
• Things in cars are subject to public view
• Pervasive state regulation of cars
• Therefore, lower expec. of priv.

12
Searching Cars and Containers

• Frisk of cars requires Reasonable .Sus. of a
  threat to officers safety. Search passenger
  compartment and containers for weapons. (Mich. v.
  Long)
• Search incident to arrest may search
  passenger compartment containers for weapons
  and evidence (Belton)

13
St. v. Pierce

• Facts? Issue?
• S.I.A. for motor vehicle violation?
• Cts reasoning?
• Justifications for SIA of cars
• Concern about pretextual arrests
• No danger to officers created
• May still search container.

14
California v. Acevedo

• Facts? Issue?
• Majoritys decision? Reasoning?
• Dissenting opinion?
• Rule for containers? Inside cars? Outside cars?

15
Prob. 4-7 Mobile homes?

• Is a mobile home more like a car or a home?