4A: Exceptions to Warrant Requirement Flashcards
What are the six warrantless search exceptions?
SILA
Automobile Rule
Plain View
Consent
Stop and Frisk
Exigencies
* Hot Pursuit
* Destruction of Evidence
* Public Safety (Community Caretaker)
What is the SILA warrantless search exception?
Following constitutional arrest (based on PC), police can (a) search person and (b) areas into which person might reach to get weapons/destroy evidence
* Search must be contemporaneous in time/place with arrest
* Scope: Can search person and areas within person’s wingspan
Police can also make protective sweep of area if they believe accomplices are present
How does SILA apply to cars?
(Gant Rule)
Following arrest, police can search passenger compartment of car IF:
* (a) Arrestee is unsecured and still has access to inside of car OR
* (b) Police secured occupant in squad car and reasonably believe car contains evidence of crime for which suspect was arrested
If search is valid, ANY contraband found during the search is admissible.
Arrestee can be “unsecured” if he breaks free and runs off –> police can search passenger compartment of car.
Pursuant to SILA, can police administer warrantless breathalyzer test or blood test?
Warrantless breathalyzer test, as long as it’s contemporaneous with arrest for drunk driving
Pursuant to SILA, can officer search suspect’s cell phone?
Only its physical characteristics (to check for hidden weapons/contraband) but NOT the data on cell phone.
What can police search incident to incarceration or impoundment of car?
At police station, police can make inventory search of arrestee’s belongings (per procedure)
Police can make inventory search of impounded car (can search closed containers in car)
What is the automobile exception to warrantless searches?
If police have probable cause to believe car has fruits, instrumentalities, evidence of crime, police can search whole car (including trunk) + any container that might reasonably contain item that they had PC to search for
* Ex. If searching for undocumented aliens, can’t search small suitcase
* Can search passenger’s packages
BUT police cannot search car parked on curtilage without a warrant
If car itself is contraband (stolen), police can seize it from public place w/o warrant
Ex. If police see contraband in plain view after stopping car, that can create probable cause to search entire car under automobile exception.
* Probable cause must arise before anything/anybody searched (except plain view)
Automobile Exception - What if police only have PC to search a container in the car?
Police can only search the container, not other parts of the car.
What is the plain view exception to warrantless searches?
Police can make warrantless seizure when:
(a) Police is legitimately on premises
(b) Police discover evidence, fruits/instumentalities of crime/contraband
(c) Such evidence is in plain view
(d) It’s immediately apparent that item is evidence, contraband, or fruit/instrumentality of crime (creates probable cause)
Legitimately on premises
* Ex. public sidewalk, home executing warrant
Plain view applies to any item in plain view during execution of search warrant
* Ex. While executing search warrant for gun, D opens drawer and finds heroin; heroin admissible since it was in plain view.
Justification for and Scope of Automobile Searches - Review
When is consent an exception to warrantless search?
Consent must be voluntary; scope of search is limited to scope of consent.
* If police say that they have a warrant, it negates consent
Police don’t need to inform suspect of right to withhold consent
Who has the authority to consent?
Any person with reasonable apparent authority to use/occupy property
Occupant can’t consent if co-occupant is present and objects to search (directed as co-occupant)
If co-occupant objected and is removed for reason unrelated to refusal (ex. lawful arrest), police can search if remaining occupant consents.
Ex. Homeowner parent can consent to search of kitchen and maybe son’s room (unless son’s room always locked against parent)
What is Terry Stop for purposes of warrantless search?
Terry Stop = brief detention for purpose of investigating suspicious conduct
* Requires articulable & reasonable suspicion of criminal activity
Terry Frisk = generally, patdown of outer clothing/body to check for weapons
* Requires suspicion that suspect has weapon
* Officer can reach into suspect’s clothing and seize item that police reasonably believes is weapon or contraband based on plain feel
If PC arises during Terry stop, detention can become arrest and police can do SILA.
How does Terry Stop work for automobile stops?
If officer thinks driver/passenger is armed/dangerous, officer can (1) frisk suspect person and (2) search car, as long as it’s limited to areas where weapons can be placed
What are the rules for the destruction of evidence exigency exception?
(Warrantless Searches)
If evidence might disappear by the time police get warrant, police can get it without warrant.
Ex. Police can scrape under suspect’s fingernails without warrant (since D might go wash hands)
Valid Warrantless Searches
