police officers make building searches on a routine basis and for a variety of reasons prowler calls...

Police officers make Police officers make building searches on a building searches on a routine basis and for a routine basis and for a variety of reasonsvariety of reasons Prowler callsProwler calls BurglaryBurglary Alarm dropsAlarm drops Buildings found open on Buildings found open on

patrolpatrol Residence and business Residence and business

checks for homeowners or checks for homeowners or business ownersbusiness owners

Building searches Building searches can be dangerouscan be dangerous

They can become routineThey can become routine They can be performed too They can be performed too

quicklyquickly They can be performed They can be performed

haphazardlyhaphazardly Due to time restraintsDue to time restraints Insufficient number of Insufficient number of

officers to conduct the searchofficers to conduct the search

Whether an officer Whether an officer thinks a suspect is thinks a suspect is in the building or in the building or not, the search not, the search

should should alwaysalways be be conducted as if a conducted as if a suspect were in suspect were in the structure!the structure!

Building SearchesBuilding Searches There are no guaranteesThere are no guarantees Never become Never become

complacentcomplacent Searching a building is a Searching a building is a

practiced skillpracticed skill Use every opportunity to Use every opportunity to

practice the skillpractice the skill Work with your partner to Work with your partner to

develop cohesiondevelop cohesion

SPO #1-ACTIONS WHICH AN SPO #1-ACTIONS WHICH AN OFFICER SHOULD OFFICER SHOULD NEVERNEVER TAKE DURING A BUILDING TAKE DURING A BUILDING SEARCHSEARCH

NEVERNEVER STOP IN STOP IN DOORWAYSDOORWAYS

NEVERNEVER LINGER IN AN OPEN LINGER IN AN OPEN AREA OR LONG HALLAREA OR LONG HALL

NEVERNEVER BACK-LIGHT BACK-LIGHT YOURSELF OR YOUR PARTNERYOURSELF OR YOUR PARTNER

NEVERNEVER LEAD THE WAY WITH LEAD THE WAY WITH YOUR FIREARMYOUR FIREARM

NEVERNEVER MOVE ANY FASTER MOVE ANY FASTER THAN YOU CAN SHOOT THAN YOU CAN SHOOT ACCURATELYACCURATELY

SPO #2-ACTIONS WHICH AN SPO #2-ACTIONS WHICH AN OFFICER SHOULD TAKE OFFICER SHOULD TAKE DURING A BUILDING SEARCHDURING A BUILDING SEARCH

USE AVAILABLE COVERUSE AVAILABLE COVER MOVE FROM COVER TO COVERMOVE FROM COVER TO COVER BE AWARE OF SHADOWS AND BE AWARE OF SHADOWS AND

REFLECTIONS THAT INDICATE REFLECTIONS THAT INDICATE YOUR PRESENCEYOUR PRESENCE

SEARCH A ROOM THOROUGHLYSEARCH A ROOM THOROUGHLY BE READY WITH YOUR FIREARMBE READY WITH YOUR FIREARM

SPO #3-FOUR CRITICAL SPO #3-FOUR CRITICAL CONSIDERATIONS FOR CONSIDERATIONS FOR SUCCESSFUL SEARCHESSUCCESSFUL SEARCHES

HOW AND WHEN MOVEMENT HOW AND WHEN MOVEMENT IS TO BE MADEIS TO BE MADE

USE OF AVAILABLE SPACEUSE OF AVAILABLE SPACE COVER AND CONCEALMENTCOVER AND CONCEALMENT AWARENESS AND AWARENESS AND

OBSERVATION OBSERVATION

Search and Seizure Search and Seizure Considerations Related Considerations Related to Building Searchesto Building Searches Plain ViewPlain View Exigent CircumstancesExigent Circumstances Hot PursuitHot Pursuit

HARRIS v. UNITED HARRIS v. UNITED STATES 1990 3-part STATES 1990 3-part test test

1.1. OFFICERS MUST BE OFFICERS MUST BE LEGALLY ON LEGALLY ON THE PREMISESTHE PREMISES FROM WHERE FROM WHERE THE OBSERVATION IS MADETHE OBSERVATION IS MADE

2.2. THE INCRIMINATING NATURE OF THE INCRIMINATING NATURE OF THE ITEM MUST BE THE ITEM MUST BE IMMEDIATELY APPARENTIMMEDIATELY APPARENT

3.3. OFFICERS MUST HAVE A OFFICERS MUST HAVE A LAWFUL RIGHT OF ACCESSLAWFUL RIGHT OF ACCESS TO TO THE OBJECT THE OBJECT

1.1. Officers who observe Officers who observe marijuana growing in a window marijuana growing in a window of a house while they are of a house while they are legally standing on the sidewalk legally standing on the sidewalk have no right to make a have no right to make a warrantless entry into the warrantless entry into the househouse 2.2. If officers are alreadyIf officers are already lawfully presentlawfully present in the house in the house and could see the marijuana and could see the marijuana from their location, they could from their location, they could seize the marijuanaseize the marijuana

Exigent Exigent CircumstancesCircumstances Warrantless search of premises is Warrantless search of premises is

legal solegal so long as officers know that long as officers know that suspects are suspects are in the process of in the process of destroying evidencedestroying evidence or or contrabandcontraband

However, even if the officer is However, even if the officer is justified in entering premises, an justified in entering premises, an extensiveextensive search should search should notnot be be conducted without a warrantconducted without a warrant

Secure the premises, persons Secure the premises, persons involved, and a search warrantinvolved, and a search warrant

Brigham City v. StuartBrigham City v. Stuart126 S. Ct. 1943 (2006)126 S. Ct. 1943 (2006)

Police officers responded to a complaint Police officers responded to a complaint regarding a loud party at a residence. At regarding a loud party at a residence. At the scene, they heard shouting from the scene, they heard shouting from inside and observed juveniles drinking inside and observed juveniles drinking alcohol in the backyard. The officers alcohol in the backyard. The officers went into the backyard and observed a went into the backyard and observed a physical disturbance occurring in the physical disturbance occurring in the kitchen of the home. A juvenile suspect kitchen of the home. A juvenile suspect punched an adult victim in the face. punched an adult victim in the face.

An officer opened the screen door to the An officer opened the screen door to the kitchen and announced his presence, kitchen and announced his presence, though nobody noticed.though nobody noticed.


The officer entered the kitchen and The officer entered the kitchen and again stated his presence, at which time again stated his presence, at which time the altercation ceased. The officers the altercation ceased. The officers arrested several adults for contributing arrested several adults for contributing to the delinquency of a minor, to the delinquency of a minor, disorderly conduct, and intoxication.disorderly conduct, and intoxication.

ISSUE:ISSUE: Whether the officers may gain Whether the officers may gain access to the premises under the access to the premises under the emergency scene exception if their emergency scene exception if their subjective intent was to enter for the subjective intent was to enter for the purposes of affecting an arrest?purposes of affecting an arrest?


USSC Held: The officers‘ subjective USSC Held: The officers‘ subjective intent for entering the premises is intent for entering the premises is irrelevant.irrelevant.

The Court, therefore, held that The Court, therefore, held that ―”law enforcement officers may ―”law enforcement officers may enter a home without a warrant to enter a home without a warrant to render emergency assistance to an render emergency assistance to an injured occupant or to protect an injured occupant or to protect an occupant from imminent injury.”occupant from imminent injury.”


It therefore does not matter here--It therefore does not matter here--even if their subjective motives even if their subjective motives could be so neatly unraveled--could be so neatly unraveled--whether the officers entered the whether the officers entered the kitchen to arrest respondents and kitchen to arrest respondents and gather evidence against them or to gather evidence against them or to assist the injured and prevent assist the injured and prevent further violence.further violence.

The test is “objectively The test is “objectively reasonable”, not subjective!reasonable”, not subjective!

MICHIGAN MICHIGAN v.v. FISHER, 2009 FISHER, 2009Police officers responded to a complaint Police officers responded to a complaint of a disturbance of a disturbance

A couple directed them to a residence A couple directed them to a residence where a man was "going crazy" where a man was "going crazy"

Officers found a household in Officers found a household in considerable chaos: a pickup truck in considerable chaos: a pickup truck in the driveway with its front smashed, the driveway with its front smashed, damaged fence posts along the side of damaged fence posts along the side of the property, and three broken house the property, and three broken house windows, the glass still on the ground windows, the glass still on the ground outsideoutside

MICHIGAN MICHIGAN v.v. FISHER, 2009 FISHER, 2009

Officers also noticed blood on the Officers also noticed blood on the hood of the pickup and on clothes hood of the pickup and on clothes inside of it, as well as on one of the inside of it, as well as on one of the doors to the housedoors to the house

Through a window, the officers Through a window, the officers could see respondent, Jeremy could see respondent, Jeremy Fisher, inside the house, screaming Fisher, inside the house, screaming and throwing things. The back door and throwing things. The back door was locked, and a couch had been was locked, and a couch had been placed to block the front door.placed to block the front door.

MICHIGAN MICHIGAN v.v. FISHER, 2009 FISHER, 2009They saw that Fisher had a cut on his They saw that Fisher had a cut on his hand, and they asked him whether he hand, and they asked him whether he needed medical attention. Fisher needed medical attention. Fisher ignored these questions and demanded, ignored these questions and demanded, with accompanying profanity, that the with accompanying profanity, that the officers go to get a search warrantofficers go to get a search warrant

Officer Goolsby then pushed the front Officer Goolsby then pushed the front door partway open and ventured into door partway open and ventured into the house. Through the window of the the house. Through the window of the open door he saw Fisher pointing a long open door he saw Fisher pointing a long gun at him. Officer Goolsby withdrewgun at him. Officer Goolsby withdrew

MICHIGAN MICHIGAN v.v. FISHER, 2009 FISHER, 2009Fisher was charged under Michigan law Fisher was charged under Michigan law with assault with a dangerous weapon with assault with a dangerous weapon and possession of a firearm during the and possession of a firearm during the commission of a felonycommission of a felony"searches and seizures inside a home without a warrant are presumptively unreasonable"

However, law enforcement officers However, law enforcement officers "may enter a home without a warrant to "may enter a home without a warrant to render emergency assistance to an render emergency assistance to an injured occupant or to protect an injured occupant or to protect an occupant from imminent injury."occupant from imminent injury."


This "emergency aid exception" This "emergency aid exception" does not depend on the officers' does not depend on the officers' subjective intent or the subjective intent or the seriousness of any crime they are seriousness of any crime they are investigating when the emergency investigating when the emergency arisesarises

It requires only "an objectively It requires only "an objectively reasonable basis for believing“ reasonable basis for believing“ that "a person within [the house] is that "a person within [the house] is in need of immediate aid" in need of immediate aid"


It would be objectively reasonable It would be objectively reasonable to believe that Fisher's projectiles to believe that Fisher's projectiles might have a human target might have a human target (perhaps a spouse or a child), or (perhaps a spouse or a child), or that Fisher would hurt himself in that Fisher would hurt himself in the course of his rage. the course of his rage.

In short, we find it as plain here as In short, we find it as plain here as we did in we did in Brigham CityBrigham City that the that the officer's entry was reasonable officer's entry was reasonable under the Fourth Amendment.under the Fourth Amendment.

MICHIGAN MICHIGAN v.v. FISHER, 2009 FISHER, 2009Officers do not need ironclad proof of "a Officers do not need ironclad proof of "a likely serious, life-threatening" injury to likely serious, life-threatening" injury to invoke the emergency aid exception.invoke the emergency aid exception.

Moreover, even if the failure to summon Moreover, even if the failure to summon medical personnel conclusively medical personnel conclusively established that Goolsby did not established that Goolsby did not subjectively believe, that Fisher or subjectively believe, that Fisher or someone else was seriously injured (which someone else was seriously injured (which is doubtful), the test, as we have said, is is doubtful), the test, as we have said, is NOT NOT what Officer Goolsby believed, but what Officer Goolsby believed, but whether there was "an objectively whether there was "an objectively reasonable basis for believing" that reasonable basis for believing" that medical assistance was needed, or medical assistance was needed, or persons were in dangerpersons were in danger

Hot PursuitHot PursuitThe concept of Hot Pursuit was The concept of Hot Pursuit was established by case law in 1975established by case law in 1975 United United States v. Santana States v. Santana

Officers attempted warrantless felony Officers attempted warrantless felony arrest of Ms. Santana in a public placearrest of Ms. Santana in a public place

She ran into her house to escape themShe ran into her house to escape them

They followed her into the house and They followed her into the house and affected the arrestaffected the arrest

Court held that as the arrest process Court held that as the arrest process began in a public place the officers were began in a public place the officers were in in Hot PursuitHot Pursuit as they entered the house as they entered the house

Limitations exist, Limitations exist, depending on the depending on the situationsituation

Hot pursuit is terminated when officer Hot pursuit is terminated when officer breaks off pursuit and waits for back-breaks off pursuit and waits for back-upup

In In STATE V. HABLUTZEL STATE V. HABLUTZEL , the officer , the officer attempted to arrest on a attempted to arrest on a misdemeanor in the hallway of an misdemeanor in the hallway of an apartmentapartment

The suspect ran inside the apartmentThe suspect ran inside the apartment The officer waited for several The officer waited for several

minutes for back-up before entering minutes for back-up before entering the apartmentthe apartment

Safety Factors to be Safety Factors to be Considered Prior to Considered Prior to Making a Building Making a Building SearchSearch

Advise the dispatcher that you will Advise the dispatcher that you will be entering the building to searchbe entering the building to search

Turn your radio off - containment Turn your radio off - containment will be your communicationwill be your communication

Maintain noise discipline by Maintain noise discipline by securing keys, change, pens, securing keys, change, pens, badges, etc.badges, etc.

Remember disadvantages of Remember disadvantages of wearing your hatwearing your hat

Have a functional flashlight, even Have a functional flashlight, even for daytime searchesfor daytime searches

Check other necessary equipmentCheck other necessary equipment Mirrors, Rope or bungee cord to Mirrors, Rope or bungee cord to

tie doors opentie doors open Choose a safe entry point - broken Choose a safe entry point - broken

windows should be avoidedwindows should be avoided

Safety Factors to be Safety Factors to be Considered Prior to Considered Prior to Making a Building Making a Building SearchSearch

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The “FATAL The “FATAL FUNNEL”FUNNEL”

Button HookButton Hook

Slicing Slicing the Piethe Pie

Slicing the PieSlicing the Pie

60% MINIMUM

MOVE HARD TO CORNER

PAST CENTER ROOM

SPO #4-THREE MAIN SPO #4-THREE MAIN REASONS FOR USING COVER REASONS FOR USING COVER DURING A BUILDING SEARCHDURING A BUILDING SEARCH TO TO EVALUATEEVALUATE THE SITUATION THE SITUATION TO TO DETERMINE THE IDENTITYDETERMINE THE IDENTITY

OF THE SUSPECT, CIVILIANS OF THE SUSPECT, CIVILIANS AND FELLOW OFFICERSAND FELLOW OFFICERS

FOR FOR SELF-PROTECTIONSELF-PROTECTION

TACTICAL TACTICAL SUGGESTIONSSUGGESTIONS

USE COVER WHENEVER USE COVER WHENEVER POSSIBLEPOSSIBLE

SELECT COVER CAREFULLYSELECT COVER CAREFULLY

NEVER CHANGE YOUR COVER NEVER CHANGE YOUR COVER FOR SAKE OF CHANGINGFOR SAKE OF CHANGING

SELECT NEXT POSITION BEFORE SELECT NEXT POSITION BEFORE YOU MOVEYOU MOVE

NEVER MOVE FROM COVER NEVER MOVE FROM COVER WITH A PARTIALLY LOADED WITH A PARTIALLY LOADED WEAPON, RELOAD BEFORE YOU WEAPON, RELOAD BEFORE YOU MOVEMOVE

WHEN SHOOTING FROM WHEN SHOOTING FROM COVER, UNDERSTAND THE COVER, UNDERSTAND THE RELATIONSHIP RELATIONSHIP BETWEENYOURSELF, YOUR BETWEENYOURSELF, YOUR COVER, YOUR WEAPON, AND COVER, YOUR WEAPON, AND SUSPECT’S LOCATIONSUSPECT’S LOCATIONDON’T USE COVER FOR DON’T USE COVER FOR SUPPORTSUPPORTFIRE AND LOOK FIRE AND LOOK AROUNDAROUND THE COVER, NOT THE COVER, NOT OVEROVER THE THE COVERCOVER


DO NOT LOOK OR FIRE FROM DO NOT LOOK OR FIRE FROM COVER IN THE SAME POSITION COVER IN THE SAME POSITION MORE THAN ONCEMORE THAN ONCEDO NOT EXPOSE YOURSELF DO NOT EXPOSE YOURSELF ANY MORE THAN NECESSARYANY MORE THAN NECESSARYWHEN SHOOTING FROM THE WHEN SHOOTING FROM THE WEAK SIDE OF YOUR COVER, WEAK SIDE OF YOUR COVER, USE WEAK SIDE TECHNIQUES, USE WEAK SIDE TECHNIQUES, NOT STRONG SIDENOT STRONG SIDE


police officers make building searches on a routine basis and for a variety of reasons prowler calls...

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