4th Amendment - Warrantless Exceptions Flashcards
Consent
An officer may conduct a warrantless search if the officer obtains voluntary consent from a person with apparent authority to consent. Voluntariness is determined from the totality of circumstances. Knowledge of the right to refuse consent is a factor to be taken into account, but there is no requirement that the officer informs an individual of her right to refuse consent.
Plain View (Contraband Must be Immediately Apparent)
When an officer is lawfully on the premises, she may seize without a warrant ab object of incriminating nature if it is in plain view. It must be immediately apparent upon observation that the item is contraband evidence of a crime. Thus, an officer can only confiscate what is already expose to view without disturbing it. The rationale is what a person knowingly exposes to the public is NOT subject to Fourth Amendment protection.
Plain Hear
If a police officer, lawfully positioned, overhears a conversation, evidence of that conversation is admissible. Just as what an officer see when lawfully present is considered in plain view, what he hears while so situated is similarly lawful.
Automobile Exception
The police may conduct a warrantless search of a vehicle if they have probable cause to believe that the car contains evidence of a crime. The police may search the entire vehicle, including any container, even one belonging to a passenger, provided the container is large enough to hold evidence for which the police are searching. Because automobiles are operated in public spaces and are relatively open to plain view, there is a lesser expectation of privacy. The rationale for the automobile exception is that cars are mobile and can be quickly moved out of the jurisdiction before a warrant can be issued.
Terry Stop (Reasonable Suspicion)
An officer may “briefly” detain a person for investigative purposes of the officer has reasonable suspicion to believe the person is engaged in criminal activity. Reasonable suspicion is found when the officer has more than a vague suspicion of criminal activity. There must be specific and articulable facts, along with reasonable inferences, that a crime has been committed. Reasonable suspicion is a less demanding standard than probable cause.
Pat Down for Weapons (Frisk):
When an officer has reason to believe that the person seized may be armed and dangerous, the officer may conduct a pat down of that person’s outer clothing in an attempt to discover weapons. This believe may exist due to the nature of the crime under investigation. The officer may seize any item he concludes, based on its plain feel, is a weapon. The exclusive purpose of a Terry frisk is to determine whether the suspect is armed.
Search Incident to Lawful Arrest
An officer may conduct a warrantless search incident to a lawful arrest if the arrest is based on probable cause. Probable cause is present when an officer has knowledge of sufficiently strong facts to make a reasonably prudent person believe that a crime has been committed. The officer may search any area where the D might reach for a weapon or destroy evidence. Essentially any area within the D’s “wingspan.” The rationale supporting a search incident to a lawful arrest is to protect the police and preserve evidence.
Booking Search
The police may search an arrestee in the process of booking him and inventorying his possessions as part of a routine administrative procedure at the police station. This type of administrative search is permissible under the Fourth Amendment.
