4th A - warrant exceptions

Question 1

Warrantless searches

Answer 1

SAD SPACES
1. S - search incident to accrest
2. Administrative searches
3. Stop and frisk
4. Plain view
5. Automobile
6. Consent
7. Exigent circumstance
8. Special govt purpose

Question 2

incident to a constitutional arrest, police can conduct a ________ of the area

Answer 2

contemporanous sweep

same time and place as the arrest

Question 3

if an arrest is unconstitutional and a sweep in conducted, the sweep will be?

Answer 3

also unconstitutional

Question 4

police can conduct an automobile search **incident to arrest **

Answer 4

1. arrestee is unsecured and can gain access to inside of car
2. police reasonably believe evidence of offense for which person was arrested in inside the car

Question 5

Gant rule

Answer 5

police cannot search trunk of car, only the passanger compartment (aka the area where passangers sit)

Question 6

when can police search the whole car including the trunk

Answer 6

when they have PC that the vehicle has evidence of a crime

Question 7

Probable cause to justify the warrantless search of a car has to arise ?

Answer 7

BEFORE anyone/anything is searched

but

PC to stop car can arise after** car is sto*pped

after stop
before search

Question 8

list (4)

Plain view doctrine

police can make warrantless seizure when

Answer 8

1. are legitimately on premises
2. discover evidence
3. see evidence in plain view
4. have PC (immediately apparent) that item is evidence of a crime

Question 9

if one occupant gives consent to search and the other occupant does not can the police conduct a warantless search? is this a valid form of consent for a warrantless search?

Answer 9

No, they cannot search. This is not proper consent.

Need consent of both parties

Question 10

what is a Terry stop

Answer 10

brief detention for purposes of investgating suspicious conduct

Question 11

what is a Terry frisk

Answer 11

a patdown of outer clothing and body to check for weapons

Question 12

*stop and frisk*

when can a police officer stop a person without probable cause for arrest

Answer 12

PO has articulable and reasonable suspicion of criminal activity

Question 13

no flip

if PC arises during investigatory stop –> detention can become arrest and offier can conduct a full search incident to that arrest

Question 14

PO stops car for traffic violation
PO believes driver/passenger are armed and dangerous
What actions can PO take?

Answer 14

1. conduct a frisk of suspected person
2. search vehicle as long as it is limited in the areas where weapon may be placed

Question 15

PO can do a warantless search of someone’s home if in hot pursuit :
1. if the person is accused of?
2. cannot do a warrantless search if?

Answer 15

1. warrantless justified- accussed of a felony
2. warrantless NOT always justified - accussed of a misdemeanor

Question 16

Rule of thumb
how long after fleeing felon should police be to justify a warrantless search?

Answer 16

within ~15 minutes

Question 17

valid warrant for writeapping can be issued if

not super impt to know all

Answer 17

1. showing of probable cause
2. suspected persons in convo to be overheard are named in warrant
3. warrant describes with particularity convo to be overheard
4. wiretap is limited to a short period of time
5. wiretap is terminated when desired info has been obtained
6. return is made to when loving parents dont apologize showing what convos have been intercepted