SEARCH
search,n.1.Criminal procedure. An examination of a person’s body, property, or other area that
the person would reasonably be expected to consider as private, conducted by a law-enforcement
officer for the purpose of finding evidence of a crime. • Because the Fourth Amendment prohibits
unreasonable searches (as well as seizures), a search cannot ordinarily be conducted without
probable cause. [Cases: Searches and Seizures 13. C.J.S. Searches and Seizures §§ 8, 13, 20, 23,
70, 72.]
“It must be recognized that whenever a police officer accosts an individual and restrains his
freedom to walk away, he has ‘seized’ that person. And it is nothing less than sheer torture of the
English language to suggest that a careful exploration of the outer surfaces of a person’s clothing
all over his or her body in an attempt to find weapons is not a ‘search.’ ” Terry v. Ohio, 392 U.S. 1,
16, 88 S.Ct. 1868, 1877 (1968) (Warren, J.).
administrative search.A search of public or commercial premises carried out by a regulatory
authority for the purpose of enforcing compliance with health, safety, or security regulations. •
The probable cause required for an administrative search is less stringent than that required for a
search incident to a criminal investigation. — Also termed regulatory search; inspection search.
[Cases: Searches and Seizures 79. C.J.S. Searches and Seizures §§ 99–101, 189.]
border search. 1. A search conducted at the border of a country, esp. at a checkpoint, for the
purpose of excluding illegal aliens and contraband. [Cases: Aliens 53.8; Customs Duties
126(1). C.J.S. Aliens §§ 70, 169–170; Customs Duties §§ 225, 228–229, 231.]
“[W]arrantless searches and seizures conducted at national boundaries are permitted under
the general authority of the United States to ensure the integrity of its borders. As the Supreme
Court stated in Carroll v. United States, such activity ensures ‘national 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.’ [267 U.S. 132, 154, 45 S.Ct. 280, 285 (1925).] Thus,
the right to remain silent and protect one’s personal belongings from government intrusion,
normally afforded constitutional protection, are surrendered at the border.” Charles H. Whitebread,
Criminal Procedure § 12.02, at 227 (1980).
2. Loosely, a search conducted near the border of a country. • Generally, searches near the
border are treated no differently from those conducted elsewhere in the country.
checkpoint search. 1. A search anywhere on a military installation. 2. A search in which
police officers set up roadblocks and stop motorists to ascertain whether the drivers are
intoxicated.
Chimel search.See protective search.consent search.A search conducted after a person with the authority to do so voluntarily
waives Fourth Amendment rights. • The government has the burden to show that the consent was
given freely — not under duress. Bumper v. North Carolina, 391 U.S. 543, 548–49, 88 S.Ct. 1788,
1792 (1968). — Also termed consensual search. [Cases: Searches and Seizures 171–186. C.J.S.
Searches and Seizures §§ 111–127.]
“The voluntariness of a consent to search is ‘to be determined from the totality of all the
circumstances.’ [Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041 (1973).] Among the
factors to be considered in determining the effectiveness of an alleged consent to search are
whether the defendant (1) has minimal schooling or was of low intelligence; (2) was mentally ill
or intoxicated; (3) was under arrest at the time the consent was given; (4) was overpowered by
officers, handcuffed, or similarly subject to physical restriction; (5) has seized from him by the
police the keys to the premises thereafter searched; (6) employed evasive conduct or attempted to
mislead the police; (7) denied guilt or the presence of any incriminatory objects in his premises; (8)
earlier gave a valid confession or otherwise cooperated, as by instigating the search, or at least the
investigation leading to the search; (9) was hesitant in agreeing to the search; or (10) was refused
his request to consult with counsel. The presence of some of these factors is not controlling,
however, as each case must stand or fall on its own special facts.” Jerold H. Israel & Wayne R.
LaFave, Criminal Procedure in a Nutshell 141–42 (5th ed. 1993).
constructive search.A subpoena of a corporation’s records.
“[I]t is settled that the so-called ‘constructive search’ involved in an administrative subpoena
of corporate books or records constitutes a ‘search’ or ‘seizure’ within the meaning of the Fourth
Amendment.” 68 Am. Jur. 2d Searches and Seizures § 44, at 674 (1993).
emergency search.A warrantless search conducted by a police officer who has probable cause
and reasonably believes that, because of a need to protect life or property, there is not enough time
to obtain a warrant. See EMERGENCY DOCTRINE(3).
exigent search (eks-<<schwa>>-j<<schwa>>nt). A warrantless search carried out under
exigent circumstances, such as an imminent danger to human life or a risk of the destruction of
evidence. See exigent circumstances under CIRCUMSTANCE. [Cases: Searches and Seizures
42.1. C.J.S. Searches and Seizures §§ 14, 57–61, 63.]
illegal search.See unreasonable search.
inventory search.A complete search of an arrestee’s person before that person is booked into
jail. • All possessions found are typically held in police custody. [Cases: Automobiles 349.5(12);
Controlled Substances 117; Searches and Seizures 58. C.J.S. Motor Vehicles § 1334; Searches
and Seizures § 77.]
no-knock search.A search of property by the police without knocking and announcing their
presence and purpose before entry. • A no-knock search warrant may be issued under limited
circumstances, as when a prior announcement would probably lead to the destruction of the
objects searched for, or would endanger the safety of the police or another person. [Cases:
Controlled Substances 153.]
private search.A search conducted by a private person rather than by a law-enforcement
officer. • 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. [Cases:
Searches and Seizures 33. C.J.S. Searches and Seizures §§ 23, 43.]
protective search.A search of a detained suspect and the area within the suspect’s immediate
control, conducted to protect the arresting officer’s safety (as from a concealed weapon) and often
to preserve evidence. • A protective search can be conducted without a warrant. Chimel v.
California, 395 U.S. 752, 89 S.Ct. 2034 (1969). — Also termed search incident to arrest; Chimel
search (sh<<schwa>>-mel). [Cases: Arrest 63, 63.5(8); Searches and Seizures 70. C.J.S. Arrest
§ 40; Searches and Seizures §§ 88–89.]
regulatory search.See administrative search.
search incident to arrest.See protective search.
sector search.See zone search.
shakedown search.A usu. random and warrantless search for illicit or contraband material
(such as weapons or drugs) in a prisoner’s cell. — Often shortened to shakedown. [Cases: Prisons
4(7). C.J.S. Prisons and Rights of Prisoners §§ 58, 60, 74–75.]
strip search.A search of a person conducted after that person’s clothes have been removed, the
purpose usu. being to find any contraband the person might be hiding. [Cases: Controlled
Substances 126.]
unreasonable search.A search conducted without probable cause or other considerations that
would make it legally permissible. — Also termed illegal search.
voluntary search.A search in which no duress or coercion was applied to obtain the
defendant’s consent. See consent search.
warranted search.A search conducted under authority of a search warrant.
warrantless search.A search conducted without obtaining a proper warrant. • Warrantless
searches are permissible under exigent circumstances or when conducted incident to an arrest. See
exigent circumstances under CIRCUMSTANCE; protective search.
zone search.A search of a crime scene (such as the scene of a fire or explosion) by dividing it
up into specific sectors. — Also termed sector search.
2. An examination of public documents or records for information; esp., TITLE SEARCH.
3.Int’l law. The wartime process of boarding and examining the contents of a merchant vessel for
contraband. • A number of treaties regulate the manner in which the search must be conducted.
See RIGHT OF SEARCH. [Cases: War and National Emergency 20. C.J.S. War and National
Defense §§ 26, 28.] sea lane.Int’l & maritime law. A designated course or regularly used route for ships, esp. in
restricted waters such as harbors and straits. • Although sea lanes have obvious safety advantages,
they were long resisted by sea captains, who saw them as a threat to their freedom to navigate. [Blacks Law 8th]