suspect will be photographed

흥신소What Does a Criminal Suspect Search Mean?

The police need to have probable cause to arrest a person or search their property. This is a legal requirement, but it may be difficult to define in practice.

The suspect will be photographed, referred to as a “mug shot,” and fingerprinted. They will be questioned and asked about gang affiliation.
Protective Sweep

A protective sweep is a search police may use to ensure their safety when they are making an arrest. These searches are typically limited to areas where a suspect could be hiding and must be done quickly. They cannot last longer than the time it takes to make the arrest and leave the premises. If police exceed these limits, the evidence they obtain might be suppressed by court.

Often, the police conduct these searches when they have an arrest warrant for someone and need to enter their home in order to make the arrest. This situation is most common, but the protective sweep doctrine can also apply to arrests outside of a house or other type of building.

The Supreme Court has decided a few cases that place some restrictions on when the protective sweep exception applies. For example, in State v. Radel, the officers seized weapons and drug paraphernalia from a suspect’s home during a protective sweep after they had arrested him outside of his house. However, the officers had no reason to believe that there was a threat to them when they conducted this search.

A more recent case, US v. Vargas, demonstrates the importance of having the right to a proper search. The Supreme Court held that DEA agents were not conducting a protective sweep incident to a warrant when they searched a motel room where they had contacted the defendant for several minutes and then followed him into the bathroom, where they found heroin in plain view.
Search Incident to Arrest

Under the Fourth Amendment to the United States Constitution and subsequent case law, police cannot search a person or their surroundings without a warrant. However, the law does permit a few exceptions to this rule. One of these is the “search incident to arrest” exception, which allows officers to search a person and their immediate surroundings after they have been arrested.

This search exception to the warrant requirement is based on two factors: officer safety and the need to preserve evidence. In a case called Knowles v. Iowa, the Supreme Court ruled that police may search an object within a person’s immediate control after they have been placed under arrest. In order to determine whether a search was valid under this rule, courts examine both the circumstances of the search and what happened immediately prior to and during the search.

For example, suppose a police officer stops a suspect for driving with a suspended license. The officer then searches the suspect’s car and finds various contraband items in it. This type of search is likely constitutional because it was done in the course of a legal arrest, and the officer had probable cause to make the arrest.

EFF is working to help ensure that the search incident to arrest doctrine adequately protects people’s privacy rights. This is especially important in light of the fact that new technologies like smart phones allow for a vast amount of personal information to be stored on a person’s phone. For example, a person’s emails, photos, contact list, text messages and other data may be stored on their phone.
Search Without Warrant

A warrant is an official order from a judge that authorizes law enforcement officers to search a specific area for evidence of criminal activity. Police must convince a judge that they have probable cause and a reasonable belief that a crime has been committed in order to obtain a warrant. However, the Supreme Court has ruled that warrantless searches can also comply with the Fourth Amendment if they are reasonable under the circumstances.

The courts have ruled that items exposed to the public do not have a reasonable expectation of privacy and therefore can be searched without a warrant. This is the principle behind checkpoints, where officers can conduct random searches for weapons or illegal drugs. Additionally, the courts have ruled that warrantless searches can be permissible under exigent circumstances if officers believe that failure to act immediately will result in the destruction of evidence or place others at risk of harm. Examples include the automobile exception, where police can search a vehicle if it is stopped on a traffic stop and the officer suspects that someone will hide or destroy evidence or reach for a weapon; and the hot pursuit exception, where officers can enter properties to search after a fleeing suspect has been caught in a field and there is a danger of losing sight of them.
Search After Arrest

In some cases, police will search a suspect after the arrest. This search must be incidental to the arrest and limited in scope.

For example, if the officer has reason to believe that there are weapons on the person they have arrested, they can search the area around their arm span. This can include items attached to the body such as a purse or backpack. Police can also search the area around a car that is driven by a person they have arrested. Moreover, if the police have probable cause to believe that illegal items or evidence are in a vehicle, they can search it (including the glove compartment, trunk, and other areas).

It is also important to note that an officer does not have to explain their reason for searching someone after the fact of their arrest. However, if a suspect asks about the reason for the search, an officer must provide an explanation later in court.

Police may even search recent activity on your cell phone when you are arrested. This can include emails, social media posts, and other information. This can be done without a warrant. However, if the police are investigating a crime of violence or drug trafficking they can require that you give them access to the contents of your cell phone for further investigation.