Arrests And Searches Flashcards
What are the bases for warrantless arrest?
Officers are authorized to arrest, without a warrant, any person who commits a crime in the officers presence, as well as any person who the officer as reasonable grounds for probable cause to suspect of committing a felony not in his presence.
When can an officer and make a warrantless arrest even if the offense was not committed in the officers presence?
- At the scene of a motor vehicle accident or at the hospital to which any person involved in the accident has been transported.
- On the highways or waters of the Commonwealth if reasonable grounds that vehicle theft has been committed and the arrest of the party committed the theft.
- Within 3 hours of the alleged offense of driving while intoxicated as long as the officer has probable cause.
- Person charged with a crime in another jurisdiction if officer received message or photocopy detailing the name or description of the wanted party in the alleged crime.
- Misdemeanor as long as he receives a radio message advising him that the warrant or capias of the offense is on file.
- Arrest based on probable cost upon reasonable complaint of a witness who observed shoplifting, carrying a weapon on school property, assault and battery, brandishing a firearm, distraction of business or commercial property.
- Assault and battery against a family or household member.
Can officer pursue the escaping person anywhere in the commonwealth?
Yes and he can arrest him wherever he’s found.
If arrest made in the county neighboring the one from which suspect fleed officer may return the accused to the original jurisdiction.
If escape beyond and adjoining jurisdiction, must bring the accused before appropriate judicial official in the jurisdiction were the arrest was made
When only a circuit cord judge may issue the warrant?
If the warrant is sought to search a license attorneys office for evidence of a crime committed by the attorneys client.
When is search without a warrant allowed?
The fourth amendment warrant exception, such as Plainview.
When is officer liable for warrantless search?
If a warrantless search takes place, the person will be guilty of malfeasance in office and will be liable for damages.
VA’s sovereign immunity doctrine protects officers from liability for simple negligence. Officers are subject to liability for a contact that is grossly negligent, willful and wanton, or reckless.
What is an exception to the warrant requirement based on search incident to a lawful arrest?
A warrantless search is valid if it is reasonable in the scope and if it’s made incidental lawful arrest. If the arrest is invalid, any search mate incident to it is likewise invalid.
What is Chimel standard for a warrantless search incident to a lawful arrest?
A lawful arrest creates a situation that justifies a warrantless contemporaneous search of the person arrested and the immediate surrounding area (wingspan) from which a weapon maybe concealed or evidence destroyed.
Must be reasonable in scope an incidental lawful arrest.
Time: must be contemporaneous with the arrest
What is the wingspan standard for warrantless search incident to lawful arrest?
Include simultaneous search of person or immediate surrounding area including pockets and containers.
Does not include cell phone or laptop unless exigent circumstances exist.
What is a standard for warrantless search incident to lawful arrest at home?
A protective sweep is permissible, even without probable cause or reasonable suspicion.
Includes places immediately enjoying place of arresting home from which an attack could be launched and in which a person may be hiding.
The search or you can be broadened is based on the reasonable suspicion that confederates are hiding beyond this immediately adjacent areas.
What is the standard for warrantless search incident to lawful arrest for vehicles?
Warrantless search is justified if arestee is within reaching distance of passenger compartment during search or it is reasonable that evidence of the offense of arrest might be in the vehicle.
What is the standard for warrantless search for a Terry Stop?
For stop - reasonable suspicion based on articulable facts that Deteinee is involved in criminal activity, and it’s limited, temporary intrusion on D’s freedom of movement.
What is the standard for a warrantless frisk?
An officer without probable cause may pat down a person‘s outer clothing if the officer has reasonable suspicion that the suspect is/was involved in criminal activity and frisk is necessary for safety.
Under plain field exception, if officer conducting a valid frisk feels an object whose identity is immediately obvious (probable cause of contraband) it can be seized.
What is this standard for searching passengers compartment?
It is permitted if police have reasonable believe suspect is dangerous and may get immediate control of weapons, and the search is limited to places where a weapon could be hidden.
What is an automobile exception to the warrantless search?
Can search any part of car (compartments, trunk, luggage) if probable cause that it contains contraband/evidence of crime. It does not permit warrantless entry of home in order to search a vehicle.
