Authority to Collect Evidence

The Fourth Amendment and Search Warrants

Fourth Amendment protects people from unreasonable government search and seizure where a person has a reasonable expectation of privacy
- A search happens when a person’s reasonable expectation of privacy in a place or thing is compromised
- A seizure happens when the government interferes with a person’s property
United States v. Heckenkamp held that people have a reasonable expectation of privacy in their personal computer
Supreme Court held that a warrant is required before searching a cell phone
- and for searching its location information stored by the service provider

Consent
Plain view doctrine
- does not need a warrant to search and seize evidence that is in an officer’s “plain view”
- must be able to see the evidence from a place where the officer has a right to be
Exigent circumstances
- allowed to make a warrantless search and seizure in emergency circumstances
- applies if
  - public safety would be harmed
  - or evidence would be destroyed if law enforcement took the time to go to court to get a warrant
Search incident to a lawful arrest
- does not need a warrant to search for weapons or contraband on the body of an arrested person
- search nearby area for accomplices
- this is to protect their own safety
- aka protective sweep exception
Inventory search
- may conduct inventory searches without a warrant when they arrest a suspect
- allowed when they are made for a non-investigative purpose
- E.g.,
  - may seize the computer for safekeeping while the suspect is in custody
- must have standard policies and procedures for conducting inventory searches
- must document the search
4th Amendment allows for seizure of physical media without a warrant, but need one to authorize a forensic examination