Chapter 16 Exigent Circumstances Flashcards
When does the motor vehicle exception rule apply?
probable cause
public area
is the presence of a hidden compartment enough probable cause to search a vehicle for contraband?
yes
can you tow a vehicle for a motor vehicle exception search?
yes can do on street or tow to station. if takes too long need warrant
Can a vehicle be searched under a motor vehicle exception if it is in a driveway parked?
yes if public or perpetrator has potential access
What is the scope of a motor vehicle exception search?
open, closed or locked that might hold evidence, including trunk
What are the limitations of exigency for a search of a home?
get warrant when:
suspect arrested or removed from scene
no longer risk or danger of evidence being destroyed
all occupants removed and house can be guarded
Can officers enter a home in hot pursuit for a misdemeanor like they can for a felony?
only with an additional emergency such as potential violence, destruction of evidence or escape from the home
Can police go into a home without a warrant for a loud party?
yes, to restore peace.
but if the occupant is cooperative it doesnt justify a warrantless entry (unless under 21)
Do you need PC or reasonable suspicion to do a warrantless entry into a home for emergency assistance?
reasonable suspicion