Case Briefs: Searches & Seizures Flashcards
Riley v. California
Search warrant is required for search of a cell phone incident arrest
Chimel v. California
Defines scope (extent) of search incident to an arrest.
• Area of immediate control:
“grab area”
No reason to search other rooms, all desk drawers, or closed containers
United States v. Robinson
Gustafson v. Florida
Bright Line Rule
The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arrested
Arizona v. Gant
If arrested for speeding and are out of the car; a warrant is needed or the drugs will go back in their jar.
Police may search a vehicle incident to a recent occupants arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.
Knowles v. Iowa
Once a speeding ticket is in hand there is no more searching for contraband
The authority to search incident to an arrest of automobiles doesn’t apply to situations that involves citations
Wren b. United States
The Fourth Amendment does not prohibit arrests on “pretext” or the officers state of mind.
• “Any infraction will do if the wish is
to subdue”
Schneckloth v. Bustamonte (1973)
“Voluntariness” of consent to search by authorities is based on totality of the circumstances.
• Officers not required to inform a suspect of their right to refuse
** Ohio v. Robinette (1996)
786 times deputy Roger Newsome after handing license back to motorists “ One question before you get gone; are you carrying any weapons, drugs or anything like that in your car? Can I search?
Illinois v. Rodriguez
3rd party authority to consent
• officers can be wrong in obtaining consent from someone who is a good liar; reasonable consent to search can stand up in court if “persons of reasonable caution” would believe are facts leading sensibly to the conclusion of probability. - Bringer v. U.S. (1949)
