chapter 5

Question 1

exceptions to the fourth amendment

Answer 1

-five types of warrantless actions that requirement probable cause
-they are called exceptions to the warrant requirement because the actions at issue do not need to be supported by warrant
-searches incident to arrest
-searches in the presence of exigent circumstances
-searches involving automobiles
-searches based on the “plain view” doctrine
-certain arrests, such as arrests made in public

Question 2

search incident to arrest

Answer 2

-Chimel v California
-police officers are permitted to engage in a search of a suspect incident to arrest

Question 3

limitations of search incident to arrest

Answer 3

-the person arrested and any containers discovered from that search
-the arrestee’s immediate grabbing area
-timing of the search
-scope of the search

Question 3

warrantless arrest

Answer 3

-exigent circumstances
-hot pursuit
-likelihood of escae of danger to others absent of hot pursuit
-evanescent evidence

Question 4

hot pursuit

Answer 4

-the person being pursued has committed a serious offense
-the person will be found on the premises the police seek to enter
-the suspect will escape or harm someone or evidence will be lost or destroyed
-the pursuit originates from a lawful vantage point
-the scope and timing of the search are reasonable

Question 5

exigent circumstances

Answer 5

permissible when:
-there is probable cause to believe that evidence will be destroyed, lost, or devalued
-the procedures employed are reasonable
-the exigency was not police created

Question 6

automobile searches

Answer 6

-Carroll v US
permissible when:
-there is probable cause to believe that vehicle contains evidence of a crime
-security a warrant is impractical

Question 6

automobile search requirements

Answer 6

-the exception must only apply to automobiles
-with one exception, such a search must be premised on probable cause
-must be impractical to obtain a warrant

Question 7

vehicle vs non-vehicle

Answer 7

-mobile or stationary
-licensed or not
-connected to utilities or not
-convenient road access or not

Question 8

consent searches

Answer 8

-scope of consent
-third party consent
-apparent authority

Question 8

Coolidge v New Hampshire

Answer 8

plain-view seizure is authorized when:
-the police are lawfully in the area where the evidence is located
-the items are immediately apparent as subject to seizure
-the discovery of the evidence is inadvertent

Question 9

warantless arrests

Answer 9

-arrests based on exigent circumstances
-arrests in public places

Question 10

US v Robinsons

Answer 10

the court reversed a lower court’s decision that only a pat down of the suspect’s outer clothing was permissible following an arrest for driving with a revoked license

Question 10

Gustafson v Florida

Answer 10

the court upheld the search of a suspect after his arrest for failure to have his driver’s license

Question 10

Knowles v Iowa

Answer 10

any arrest justifies a warrantless search incident to that arrest, a key restriction is that the arrest must result in a person being taken into custody

Question 11

Sibron v New York

Answer 11

probable cause must precede the warrantless search

Question 11

Rawlings v Kentucky

Answer 11

if probable cause to arrest is in place, the officer is not required to formally arrest the suspect before engaging in the search

Question 12

Preston v US

Answer 12

justifications for the search incident to arrest are absent where a search is remote in time or place from the arrest

Question 13

US v Edwards

Answer 13

searches and seizures that could be made on the spot at the time of arrest may legally be conducted later when the accused arrives at the place of detention