Chapter 6 Flashcards
Does probable cause to arrest have to exist before the search?
Yes
Searches incident to arrest require what?
Probable cause
A police officer lawfully with probable cause arrests a suspect, but the suspect reached into his pocket. Hence the need for what?
Search incident to arrest exception to the fourth amendments warrant requirement.
The search of the suspect after an arrest would be impractical and maybe even dangerous to wait for a warrant. True or False
True
The most basic requirement concerning searches incident to arrest is that the arrest must be ________.
Also, the arrest must result in ___________________.
Lawful
Someone being taken into custody
Another key restriction pertaining to searches incident to arrest has to with what?
Timing
Should probable cause to arrest precede the warrantless search?
Yes
Probable cause to arrest must precede the warrantless search. The reason for this is to keep officers from engaging in “_________ _______” which are based on less than probable cause that would result in probable cause to make an arrest.
Fishing Expedition
If probable cause to arrest is in place, the officer is not required to formally arrest the suspect before engaging in the search. True or False
True
It is requiemres that the warrantless search take place soon after probable cause to arrest meaning it must be ___________ to the arrest.
Contemporaneous
A search incident to arrest is limited to the area “immediate control” of the person arrested. Which is the area from which he might have obtained either a weapon or something that could have been used as evidence against him.
Arm Span Rule
A search of digital information on a cell phone implicated hreater individual privacy interests than a brief physics search. True of False
True
Justification required:
Search of arrestee
None
Justification required:
Search of arrestee’s grabbing area
None
Justification required:
Protective sweep
Reasonable suspicion that confederates are present
