Arrests, Searches Incident to Lawful Arrest (People/Places/People in Cars)

Question 1

Requirement for Arrest

Answer 1

-Need probable cause he has committed or are committing a crime

Question 2

Once arrested

Answer 2

Requires that if you are arrested you appear before a magistrate within 48 hours in order to determine PC

Question 3

Can arrest for:

Answer 3

Minor Crimes even such as a misdemeanor or felony.

Question 4

Public Arrests

Answer 4

-Do not need a warrant

Why?
® Backed by congressional statute, which gives a presumption of reasonableness
® Principle reasoning is we have always allowed this for felonies
® Exigencies can suffice to arrest w/o warrant in public

Question 5

Home arrests

Answer 5

need a warrant to arrest someone in the home

Question 6

Warrant out for A’s arrest. A is at Bs house. Can police get A?

Answer 6

Police would need a warrant to Search Bs house on top of the warrant to arrest A.

Question 7

Officer Intent for Arrest

Answer 7

Court does not probe officer intent - they just need PC

Question 8

If State statute says no arrest for minor offense…

Answer 8

Police can still arrest

Question 9

Traditional Rationals for Searches Incident to Lawful Arrest of People/Places

Answer 9

□ officer safety
□ Preventing evidence destruction
□ Evidence gathering

Question 10

In a arrest in a home absent a search warrant, police may:

Answer 10

-Only Search the person and area of immediate control
} Area on or around D where evidence could be destroyed or a weapon could be grabbed - “grab area”
® Rationale: officer safety and evidence preservation
® Level of suspicion needed is no level of suspicion for the grab area

Question 11

Without RS or PC in a home, police may…

Answer 11

can look into adjoining compartments of a room like closets

Question 12

Standard for Searching entire Home:

Answer 12

® Articulable suspicion (RS) needs to be present to go through the whole house
-Have to be looking for people though

Question 13

Protective SWeep

Answer 13

When police have a reasonable belief that a serious danger exists, they are allowed to carry out a protective sweep. Any evidence found is fair game.

Question 14

Digital Content on Phone (Riley)

Answer 14

® Need warrant to search digital content of phone

Question 15

If person is arrested in car, what may be searched?

Answer 15

Passenger compartment

Question 16

If person is arrested outside of the car, what may be searched?

Answer 16

• You can search passenger compartment of car, even when the person is 10 ft from car, if they were a recent occupant
• Also, this is only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of the arrest.

Question 17

For someone arrested outside the car, can the trunk be searched?

Answer 17

◊ Trunk not included
} Key different between search incident to a lawful incident to arrest as apposed to automobile exception
◊ Law enforcement not concerned because they can impound the car and conduct an inventory survey
} Need to PC to get to trunk, but not for glove/passenger compartment
◊ Can only search when suspect is unsecured next to car or in car

Question 18

Police have PC that Driver is on his way to a meeting with unknown persons for the purpose of selling illegal weapons. They stop his car, place him under arrest, and search the car. In the trunk they find a large green duffel bag, which they open to discover assault rifles.
A. Lawful SITA.
B. Lawful under Automobile Exception.
-size of container matters, but ya its ok
C. Lawful under either exception
-the automobile exception gives the authority to search trunk w the PC, not SITA
D. Unlawful.

Answer 18

B