Ch. 6 Searches for Evidence (Midterm) Flashcards
What are the 4 elements of the 4th Amendment’s search warrant requirement?
1) Particularity
2) Probable cause affidavit
3) Neutral magistrate
4) Knock-and-announce rule
The { } Requirement states that the place to be searched must be particularly described.
Particularity
What 2 things must officers announce according to the knock-and-announce rule?
1) Who they are
2) That they have a search warrant
What is the purpose of the knock-and-announce rule in general?
To preserve private property and privacy
Why was the Court in favor of Ms. Sharlene Wilson’s attorney filing a motion to suppress in Wilson v. Arkansas (1995)?
The officers announced who they were and that they had a search warrant AFTER already entering the home
What did the Court decide in U.S. v. Banks (2003) regarding the knock-and-announce rule?
Given that Banks was a suspected drug dealer, waiting 10-15 seconds was a reasonable time to wait after knocking and announcing since the cocaine found in his apartment would’ve been gone if officers had waited longer
What are the 3 major exceptions to knock-and-announce rules?
1) To prevent violence
2) To prevent destruction of evidence
3) To prevent suspects from escaping
Where does the knock-and-announce rule originate from?
English common law
What went wrong with the officers’ knock-and-talk strategy in Young v. City of Radcliff (2008)?
The officers were in Young’s backyard (curtilage) and did not have a legal right to be there; knock-and-talk involves officers approaching the front door
What are the 5 exemptions to the search warrant requirement?
1) Searches incident to arrest
2) Consent searches
3) Vehicle searches
4) Container searches (within vehicles)
5) Emergency searches (exigent circumstances)
What does it mean for searches to be “incident to arrest?”
Searches are conducted before, during, and after arrest
What is the only area officers can search in a search incident to arrest?
The area within an officer’s “immediate control”
Another name for objects within an officer’s immediate control.
What is the “grabbable area?”
What are the 3 purposes for searches incident to arrest?
1) Protect officers
2) Prevent escape
3) Preserve evidence
In sum, the scope of a search incident to arrest is limited to…
The immediate area
In Chimel v. California (1969), officers had an arrest warrant but no search warrant, and they were unjustified in searching the entire home. What were the 2 key points to take away from this case?
1) There’s no reason to search any room other than that in which the arrest occurs
2) Despite a reasonable home arrest, you can’t search the whole house without a search warrant
What was SCOTUS’s ruling for New York v. Belton (1981) regarding searches incident to arrest when the arrestee is arrested outside of their vehicle?
Officers can lawfully search a car and any compartments in the car after arresting its occupants
According to Arizona v. Gant (2009), it is a violation of the 4th Amendment to search an arrestee’s vehicle after handcuffing and securing the scene. What are the only 2 instances that this search would NOT violate the 4th Amendment?
1) It is reasonable to believe the arrestee may access the vehicle during the search
2) It is reasonable to believe the vehicle may contain evidence of the arrest’s offense
This rule spawned from the U.S. v. Robinson (1973) case.
What is the bright-line rule?
The Robinson bright-line rule states that officers are always permitted to search anyone they take into custody for 2 reasons. What are these 2 reasons?
1) There is possible danger to police taking suspects into custody
2) It’s impossible for the Court to review every police decision
What are the 3 conditions that must be met for searches incident to arrest for minor offenses, according to Knowles v. Iowa (1998)?
1) Probable cause to arrest
2) Officer has a hunch that they can find evidence of a crime on the arrestee
3) The arrest is a valid arrest
With regards to consent searches, consent must be { } and may be { } later.
1) Voluntary
2) Withdrawn
This consent search test establishes that a consent search is only valid if the person being searched voluntarily consents and knows they are waiving their 4th Amendment rights.
What is the Waiver Test of Consent Search?
This consent search test looks at the officer’s state of mind and whether the officer reasonably believed the suspect consented under all circumstances.
What is the Voluntariness Test of Consent to Search?
In Schneckloth v. Bustamonte (1973), SCOTUS held that the State must demonstrate that consent was voluntarily given and not…
Coerced
Why did the majority of drivers in the empirical research of consent searches have negative feelings about consent searches?
They felt compelled to consent to being searched
In U.S. v. Rodney (1992), Rodney consented to a body search, so the officer ran his hand up Rodney’s legs and felt a small rock-like object in Rodney’s crotch. What was the Court of Appeals’ decision?
Consenting to a body search also means consenting to having the groin area frisked
What is the difference between actual & apparent authority for third-party consent?
Actual - objective
Apparent - subjective
Which third-party consent authority test did SCOTUS adopt as the minimum requirement for the 4th Amendment?
Apparent authority
Although apparent authority is objective, law enforcement officers must { } believe that the third party in question thinks they have the authority to give consent to have your home searched.
Reasonably
While U.S. v. Matlock dealt with the { } authority to consent, Illinois v. Rodriguez dealt with the { } authority to consent.
1) Actual
2) Apparent
For what 3 reasons are vehicles the exception to the warrant requirement?
1) Reduced expectation of privacy in vehicles
2) Vehicles are mobile and can leave
3) Persons & containers within a vehicle may be searched (assuming probable cause exists to do so)
From Carroll v. U.S. (1925), this doctrine states that a vehicle can be searched without a search warrant if there is probable cause and exigent circumstances to believe that the vehicle could possibly leave the area before a warrant is obtained.
What is the Carroll Doctrine?
Searches of containers in vehicles are an exception to a warrant requirement. Give 3 examples of containers.
1) Purses
2) Bags
3) Backpacks
What was the ruling for CA v. Acevado (1991) regarding automobile searches and the containers within automobiles?
Police can search a car and its containers if there is probable cause to believe there’s contraband or evidence
In this case, SCOTUS ruled that passengers possessed a reduced expectation of privacy with regard to the property they transport in cars.
What is Wyoming v. Houghton (1999)?
What are the 4 main types of exigent circumstances that allow emergency searches to be warrantless?
1) Ensuring officer safety
2) Destruction of evidence
3) Hot pursuit
4) People in community in danger
