CONSTITUTIONAL LAW Flashcards
3 Major Motor Vehicle Searches:
- Motor Vehicle Search Incident to Lawful Arrest
- Motor Vehicle Inventory Search
- Motor Vehicle Exception Search
Two things we need for Motor Vehicle Inventory?
- Lawful custody of MV
- Written department guidelines
Categories of seizable evidence
*Contraband – Anything unlawfully possessed. (Heroin, Stun Gun, Counterfeit money)
* Instrumentalities - Object used to commit crime
* Fruits of the crime – Items taken during a crime (Money, Jewelry, Merchandise)
* Living person on whom there’s an outstanding arrest warrant:
* Check for validity immediately prior to arrest
* If out of the state warrant, a fugitive warrant
* Dead Human Body – Homicide victims, Motor Vehicle accidents, sudden deaths
(unanticipated), suicide victims.
Seizure of items not listed on the warrant → admissible under PLAIN VIEW
* once you discover the item listed on the warrant, you must stop searching
Scope
Area to be searched (ex. the home’s address)
Intensity
- Where you may search within the scope
- Size of object determines
- How hard you may look
Execution
- only valid 7 DAYS FROM ISSUANCE
- Nighttime warrant- by a judge, 10 PM - 6 AM
- You can not automatically search persons inside, needs to be specified by the judge and checked off on the warrant
what do we need in order to lawfully conduct a MV exception search?
NEED: Probable Cause & MV on public way
Under the exception search where in the MV are we allowed to go?
The entire car
No Knock vs. Knock Warrant
- No Knock can only be issued by a judge
- Need prior information person is armed and dangerous
- No set time after a knock and announce to enter the premise
- Protective sweep → for PEOPLE ONLY (3rd party that may present a danger)
* Protective sweeps are limited, warrantless. Searches to conduct a cursory check of a premise for people only, not evidence.
Who can issue a search warrant?
- Judge
- Clerk of Court
Motor Vehicle Search Incident to Lawful Arrest
Purpose
* Seizing fruits, instrumentalities, contraband or evidence of the crime for which the person is being arrested for
* Weapons used for means of escape or to resist arrest
* Scope: area within “grabbing area”; can only search the area within immediate control inside the motor vehicle
* NOT the TRUNK (for this you would need PC/warrant from a judge)
* If arresting for a warrant (past crime) you CAN’T SEARCH INCIDENT TO ARREST
* If the person is secured at the back of the car/away from the car then there is no access to the car, can’t search incident to arrest. Comm v. Darosa →
Motor Vehicle Inventory Search
- This is an administrative search
Purpose - Protect owner’s property
- Prevent false claims
- Protect the public from dangerous articles
Purpose is NOT to find evidence or contraband, but if you find it, evidence can be seized due to PLAIN VIEW
NEED: lawful custody of MV & written department guidelines
Scope: passenger compartment, trunk, open/closed containers, center console, glove box – can open glove box and trunk if have keys
* Locked containers need search warrant
* And do NOT force anything open
* Anything removed from the vehicle will go on BPD Form 2012
* 4 Enforcement Options when arresting the operator
Leave it with a person having apparent authority (passenger)
* No lawful custody here so no inventory
* This option must be offered first
Park it legally locked with windows down
* Took lawful custody so you shall inventory
Leave it double parked if not causing a hazard
* Rarely realistic in the city of Boston
Towed for safekeeping
* Took lawful custody so you shall inventory
Commonwealth vs. Goncalves-Mendez: case law defining that officer must offer/allow passenger not associated with the crime to take possession of vehicle if they have valid license (Leave with a person having apparent authority to assume control of it)
* Officer can also park it legally (would then do inventory search)
* Or can leave it parked legally if it is not blocking traffic
Motor Vehicle Exception Search
NEED: Probable Cause & MV on public way
* Scope = ENTIRE vehicle (any container, locked/unlocked, includes trunk)
* Intensity = governed by the size of the object
* Officer should be able to explain the exigency and why a warrant wasn’t obtained
Search Warrants
Purpose = to ensure that any government instruction is justified by prior PC
Search Warrants valid how many days?
- only valid 7 DAYS FROM ISSUANCE
When is a “Nighttime warrant” search?
by a judge
10 PM - 6 AM
Generally, with all warrant what are somethings we have to do before we execute that warrant?
Knock and Announce
Are you required to have a search warrant in hand?
YES
who can authorize a no-knock warrant?
a Judge
*only a judge can authorize a no-knock warrant *
living person with an arrest warrant before placing him/her under arrest what must we do?
*Check for validity immediately prior to arrest
what are the 5 categories of seizable evidence?
- Contraband
- Instrumentalities
- Fruits of the crime
- Living person on whom there’s an outstanding arrest warrant
- Dead Human Body
curtilage
area around the dwellin
protected sweep
must be for people only
is conducted for officers’ safety reasons
