Understanding Fourth Amendment & Search Warrants in Minnesota

The Fourth Amendment and Search Warrants BEN JOHNSON (BEN.JOHNSON@HOUSE.MN) LEGISLATIVE ANALYST, MINNESOTA HOUSE RESEARCH DEPARTMENT Presentation to Judiciary Finance and Civil Law Committee February 22, 2022

Constitutional Protection Article I, section 10 of the Minnesota Constitution: Fourth Amendment of the United States Constitution: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 2 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Floor not a Ceiling The Bill of Rights establishes limits to government action. Those protections are a floor. Laws that provide a lower level of protection to individuals are unconstitutional. Constitutional protections are not a ceiling. Laws can give individuals greater protection from government action. 3 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Unreasonable Searches The constitution only prohibits unreasonable searches. A search is unreasonable if it involves a place where a person has a reasonable expectation of privacy. If a person does not have a reasonable expectation of privacy, then the constitutional protection does not apply. This always depends on the specific facts of a situation. 4 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Reasonableness - Two Questions Did the person have an actual expectation of privacy in the place being searched (subjective)? Is that place one that society generally recognizes as private (objective)? If something is generally visible or accessible to the public, it is not likely to be private. The garbage can left at the curb for pickup is not likely to be private. The garbage can in your kitchen almost certainly is. 5 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Specific Facts Matter A person s expectation of privacy in a bag or purse may be reasonable while walking down the street, but not when trying to take that bag or purse though airport security. A homeowner may have a reasonable expectation of privacy in a home, but a short-term guest may not. 6 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Reasonable Searches If there is a reasonable expectation of privacy, a search is unreasonable unless: 1. the peace officer has a warrant, or 2. an exception to the warrant requirement applies. 7 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Warrants Minnesota Statutes, sections 626.04 to 626.19 Minnesota Rules of Criminal Procedure, Rules 36 and 37 Case law 8 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Daytime, Knock-and-Announce Warrants Unless otherwise specified, a search warrant must be executed between 7:00 a.m. and 8:00 p.m. (Minn. Stat. 626.14) An officer must give notice of the authority and purpose of entry. (Minn. Stat. 629.33, applied to search warrants pursuant to State v. Parker, 166 N.W.2d 347 (Minn. 1969)) 9 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Warrant Application Warrant applications are usually made in writing. (Minn. Rules Crim. Pro., Rule 37) They can be made by oral testimony in some circumstances. (Minn. Rules Crim. Pro., Rule 36) In either situation, the information must be given under oath. 10 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Application Contents Items sought must be connected to criminal activity. (Minn. Stat. 626.07) The application must identify the person involved in the search, the items sought, and the place to be searched. (Minn. Stat. 626.08) The application must include sufficient facts to establish probable cause that there is a connection to criminal activity and that the area searched contains the identified items. 11 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Application Contents cont. The facts necessary to establish probable cause must be in the application. o This is the four corners doctrine which holds that a warrant must be based on the facts and reasonable inferences from the facts contained within the four corners of the application and cannot rely on other information. An application cannot contain only standard, boilerplate language. 12 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Issuance of a Warrant Only a judge may issue a search warrant. (Minn. Rules Crim. Pro., Rules 36 and 37) A judge can only issue a search warrant if there is probable cause to support the warrant. A judge can limit a warrant if there is probable cause for some portion of the application and not for others. A warrant s details depend on the specific scenario. 13 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Determining Probable Cause To determine whether probable cause exists, the issuing magistrate must make a practical, common-sense decision whether there is a fair probability that contraband or evidence of a crime will be found in a particular place. State v. Wiley, 366 N.W.2d 265, 268 (Minn. 1985) (quoting Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983)). State v. Amundson, 712 N.W.2d 560, 564 (Minn. App. 2006) 14 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Standards of Proof Beyond a reasonable doubt Clear and convincing evidence Preponderance of the evidence Probable cause Reasonable suspicion 15 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Nighttime Warrants A judge may issue a warrant authorizing a nighttime search when necessary to prevent the loss, destruction, or removal of the objects of the search or to protect the searchers or the public. (Minn. Stat. 626.14). [T]he statute requires at least a finding that there is reasonable suspicion to believe a nighttime search is necessary to preserve evidence or to protect officer or public safety. State v. Bourke, 718 N.W.2d 922, 926 (Minn. 2006) 16 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

No-Knock Warrants A judge may issue a warrant authorizing a no-knock entry if the application explains why a no-knock entry is being requested, what investigative activities have taken place, and whether the warrant can be executed during the day. (Minn. Stat. 626.14). In order to justify a no-knock entry, the police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence. State v. Martinez, 579 N.W.2d 144, 146 (Minn. App. 1998) (quoting Richards, 520 U.S. at 394, 117 S.Ct. at 1421), review denied (Minn. July 16, 1998). 17 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Limits on a Search Unless an exception applies, a search must be limited to the items and areas identified in the warrant. A warrant authorizing the search of a garage for a stolen vehicle does not authorize the search of a home for a television. A warrant authorizing a search for a stolen television does not authorize opening drawers or cabinets that are obviously too small to hold the television. 18 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Execution Warrants must typically be executed within ten days. (Minn. Stat. 626.15) Officers must provide a copy of the warrant and a receipt for property seized. (Minn. Stat. 626.16) Individual law enforcement agencies may have policies or standard practices relating to the time and method of entry. 19 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Warrant Summary A warrant application must be a sworn statement containing specific facts. A judge must review the sworn statement to determine if it establishes probable cause. An application seeking nighttime or no-knock entry must also show reasonable suspicion that daytime/knock-and-announce entry is dangerous or would result in the destruction of evidence. A search is limited to the time, place, and items identified in the warrant. 20 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Exceptions to the Warrant Requirement There are multiple exceptions to the warrant requirement. These are exceptions to the floor established by the U.S. Constitution and Minnesota Constitution. A search that falls under an exception is considered reasonable under the constitution. State laws can establish other limits on government action provided they do not give individuals a lower level of protection. 21 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Common Exceptions Search incident to arrest Consent Plain view Terry stop/Terry search Plain feel Community caretaker Inventory Special needs Automobiles 22 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Exigent Circumstances A situation is exigent when it requires immediate action. Exigent circumstances typically exist when: 1. the delay required to obtain a warrant will result in the removal or destruction of evidence, or 2. the delay would create a danger to the public. This is always assessed based on the totality of the circumstances. A court must determine if the exigencies of the situation make the needs of law enforcement so compelling that the warrantless search is objectively reasonable under the Fourth Amendment. Mincey v. Arizona, 437 U.S. 385 (1978) 23 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Relief In a criminal case, the primary form of relief is to suppress any evidence that was obtained in violation of a person s constitutional rights. The person can also demand return of the property. (Minn. Stat. 626.21) The suppression may extend to evidence obtained based on information gained from the illegal search. This is referred to as the fruit of the poisonous tree. Malicious procurement and willfully exceeding the scope of a warrant are misdemeanor offenses. (Minn. Stat. 626.22) There may be internal discipline for an illegal search. The victim of an illegal search may have grounds to file a civil lawsuit. 24 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT

Questions? Minnesota House Research Department provides nonpartisan legislative, legal, and information services to the Minnesota House of Representatives. www.house.mn/hrd | 651-296-6753 | State Office Building | St. Paul, MN 55155 25 THE FOURTH AMENDMENT AND SEARCH WARRANTS | MINNESOTA HOUSE RESEARCH DEPARTMENT