Arrests of Automobile Occupants Flashcards

1
Q

Can police search a Vehicle incident to Arrest?

A

Police my search a vehicle incident to a recent occupant’s arrest only if:

  1. The arrestee is within reaching distance of the passenger or compartment at the time of the search OR
  2. It is reasonable to believe that the vehicle contains evidence of the offense to arrest
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2
Q

What is a Pretexual Stop?

A

If an officer has probable cause to believe that a traffic law has been
violated, the officer may stop the suspect’s automobile, even if the officer’s
ulterior motive is to investigate a crime for which the officer lacks sufficient
cause to make a stop

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3
Q

What happens when there is probable cause of illegal conduct prior to stopping someone?

A

When probable cause of illegal conduct exists, an officer’s true motives for searching or detaining a person does not negate the constitutionality of the search and seizure

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4
Q

What if the Officer has an Ulterior Motive when stopping and arresting someone?

A
  1. Police can still stop a vehicle to investigate for a crime for which the officer lacks sufficient cause to make a stop
  2. As long as the police do not extend the invalid stop beyond the time necessary to issue a ticket and conduct ordinary inquiries incident to such a stop
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