4th Amendment: Exceptions to the Warrant Requirement Flashcards
Search Incident to Arrest
After a valid arrest, police can search and make a protective sweep of the area
The search must be contemporaeneous in time and place with the arrest
Search Incident to Arrest: Automobile Rules
Police may search the passenger compartment in a search incident to arrest only if:
- The arrestee is unsecured and may gain access to the vehicle OR
- The police reasonably believe evidence of the offense for which the person was arrested may be found
Automobile Exception to Warrant
If police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime, they may search the entire vehicle and any container that might reasonably contain the item.
This includes the trunk!
BUT, if only probable cause to search a container, they may only search the container!
Plain View Exception to Warrantless Seizure
Only when:
- Legitimately on the premises
- Discover evidence that is
- In plain view
- Have probable cause to believe that the item is evidence
Consent Exception to Warrantless Search
If police are given voluntary consent
Knowledge of the right to withhold consent is NOT required!
Note: if police say they have a warrant, it is not proper consent
Note: To consent, you need apparent equal right to use or occupy property UNLESS co-occupant is present and objects
If you remove that person and one person left, you can search
Terry Stop
A brief detention for the purpose of investigating suspicious conduct
Terry Frisk
A patdown of the outer clothing and body to check for weapons
Police may reach into clothing and seize any item that the officer reasonably believes is based on plain feel is a weapon or contraband
Automobile Stop
If a vehicle is properly stopped for a traffic violation and the officer reasonably believes that a driver/passenger may be armed and dangerous, the officer may:
- conduct a frisk of the suspected person and
- search the vehicle
