The Search & Seizure Show

Do police officers need a warrant for death investigations?


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The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor for blue to gold law enforcement training, bringing you another roadside chat from the studio. Alright, today's question comes from an officer in Utah, and the officer basically asked, do we need a warrant for a death investigation? Okay, well, let's, let's kind of go through this. So the officer says, Look, we get into the house because we have exigency. You know that there's somebody the SES in the home, you know, you know, let's say that the cleaning person comes, and they call and the homeowners dead, and so forth. Alright. So they said that they cannot get a hold of anybody with standing in order to continue the death investigation, right. So I guess, like the cleaning person be a good example, like the cleaning person, generally speaking, cannot let you just search around the home, you know, during the decimal because they don't have a privacy interest in the home enough needed to allow you to have free rein of the house. So. So they want to, you know, they want to look to see if you know, if the depth is suspicious, if the suspect it natural causes, location prescription bottles, or a doctor's information to try to see what the health is, you know, if the person has been to a doctor within the last 30 days, and so forth. So the question is, does this require a warrant? And the general answer is no. Okay. So death investigations, if they're, if there's no foul play, and you're trying to determine the cause of death, and you are in your in the home lawfully, you know, generally speaking, these are not criminal investigations, you're basically playing corner, right, you're, you're basically playing corner, you know, you're trying to find out just like you said, medical issues prescription, you're trying to find the cause you're trying to help find the cause of death. And because that is not a criminal investigation, the US Supreme Court case in Mincy, versus Arizona has and apply. So Mincy is a stands for the proposition that if you are in a murder scene, right inside of a home, the murder itself, obviously a very serious crime, in and of itself is not going to allow you to search the residents for for evidence of the of the murder, without either a consent, or be a warrant, right? There is no murder scene exception to the search warrant requirement. But we don't have that here, you know, officers are in the home, and they're just trying to find the cause of death, there is no murder....

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The Search & Seizure ShowBy Anthony Bandiero

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