i. The place, and the things to be searched for, has to be described with reasonable particularity.
1. Ex. If a search warrant authorizes authorities to look for "stolen mail," then they cannot go in and take other kinds of household items and clothes.
ii. If there were reasonable steps to make the warrant reasonably particular but they were wrong when they got there, then it is okay if the mistake was reasonable.
1. Ex. 3rd floor apartment hypo, where there was really two 3rd floor apartments.
iii. There can be warrants that have a wrong address, as long as it describes one particular place, then it is okay.
1. If the description is too vague, (e.g., in a rural area - go past the mailbox, etc.) then it will not be acceptable.
iv. Reasonably particularity in describing someone...
1. The wrong person can be arrested, and it can still satisfy the Rx particularity requirement, if they describe the person with Rx particularity.
If you are arrested, because of the increased danger to the officer, pursuant to the arrest, the police can search the person and the area of their immediate control (the grab area).
The normal rule is that the police can only search the person they arrest and their area of immediate control - grab area.
When the person on their own volition expands the area of control, (like walking an officer to their dorm room), then the search of that area is allowed.
If there is exigency, then the police can go beyond the grab area to search.
The police can search the area of the immediate control of the suspect, unless they have Rx suspicion that someone is in the house armed and dangerous. If so, they can search the rest of the area (house, etc.)
A search incident to arrest is valid, even if they search the person before he is officially arrested, as long as the arrest comes immediately after the search and the probable cause to arrest was obtained prior to the search.
The search has to be contemporaneous with the time and place of the initial arrest.
1. Personal characteristics of the accused
- Education, mental deficiency, the age (youth), knowledge with criminal justice system
2. Physical deprivation or mistreatment
- Someone being held without food or water, not being allowed to sleep, not being allowed to use the bathroom
3. Psychological pressure
- Threats of physical violence, implied threats, humiliations, isolation from other people
- Trickery - normally not found for a Due Process violation
- Ex. A lie about virtually everything that happened, still not a Due Process Clause
- Where Miranda warnings are given and then they waive their warnings, then the fact that they waived it, the court will use this to conclude that their Due Process right was not violated