4A - Exceptions to Warrant Requirement Flashcards
Six Warrant Exceptions
1) Search incident to constitutional arrest
2) Car Searches
3) Plain View
4) Consent Searches
5) Stop and Frisk
6) Exigent Circumstances
Search Incident to Arrest
1) Police can search after VALID arrest
2) Police can make protective sweep of an area if RS accomplices are in area
3) Search must be contemporaneous with tiem and place of arrest
Geographic Scope of Search (generally and automobile) (Incident to arrest)
Generally, Person and wingspan
In automobiles: passenger compartment (not trunk) IF
1) Arrestee is unsecured and may gain access to vehicle
OR
2) police reasoanbly beleive evidence of offense for which person was arrested may be found
Technological Searches (incident to arrest)
Example: cell phones, blood tests, etc.
Balancing tests.
DUI test (incident to arresta)
Breath test valid
Blood test is not.
Cell phones (incident to arrest)
Physical attriubtes of phone valid
Data within is not
Search incident to incarceration or impoundment
At station, inventory search of belongings, pursuant to established procedure, is okay.
If car impounded, inventory search of impounded vehicle , including containers, okay.
Automobile Exception
If PC car contains evidence of a crime, may serach whole vehicle and containers that may reasonably contain the item they had PC to search.
If serach is valid, may tow vehicle to station and search later.
If vehicle on curtilage, need warrant.
Not limited to drivers belongings.
PC can arise after stop, but must arise before search (of person or thing).
Plain View Exception
May seizure when police are:
1) Legitimately on the premises
2) Discover evidence of crime
3) sees evidence in plain view and
4) has probable cause to believe (immediatley apparent) that hte item is eviedence of a crime
Consent Search Exception
Consent must be voluntary.
Knowledge of right to refuse is not a prerequisite, but police saying they have a warrant negates consent.
geographic Scope: limited by scope of consent, reasonable person standard.
Consent and housemates
Person with apparent equal right to use or occupy property may consent
BUT occupant gant give valid consent when cooccupant is PRESENT and objects.
BUT if occupant leaves or removed (for an unrelated reason), police may act on consent
Stop and Frisk (Terry) Standards and scope and seizure
RAS; RAS + RS of A+D
Limited to patdown of outer clothing, unless officer has specific information of where the weapon.
Officer may seize any item that officer reasonable believes, based on PLAIN FEEL, is a weapon or contraband. Can’t manipulate to figure it out. Must be immediatley apparent.
Terry and Automobiles
If vehicle properly stoppped + officer RS of A+D of driver or passenger, officer may:
1) conduct frisk of suspected person AND
2) Search the vehicle (limited ot areas where weapon might be placed)
Exigent Circumstances and Categories
Emergency circumstances where warrant not required.
1) Destruction of evidence
2) hot pursuit
3) emergency aid
Destruction of evidence
If reasonable fear of imminent destruction of evidence, no warrant required.
