Criminal Procedure 9-15 Flashcards
Exception to Warrant Requirement
Exigent Circumstances
This exists when:
The evidence is evanescent;
It’s necessary to prevent imminent destruction of evidence;
The emergency aid exception applies; OR
The police are in hot pursuit of a felon and the evidence is in plain view.
Priority: Medium
Exception to Warrant Requirement
Search Incident to Arrest
Police CAN make a contemporaneouswarrantless search incident to a lawful arrest of:
the suspect’s person; and
the area within the suspect’s immediate control.
Arrest in a Home → police also MAY ALSO search closets and other spaces immediately adjoining the place of arrest (from where an attack may be launched).
Arrest in a Vehicle → police also MAY ALSO search the entire interior or passenger’s compartment if: (a) the officer has reason to believe that evidence relevant to offense/crime arrested for might be discovered, OR (ii) arrested person is unsecured and may gain access to the vehicle.
Priority: Medium
Exception to Warrant Requirement
Consent
It is an exception ONLY if it is given freely, voluntarily and intelligently.
A third person may consent to a search, BUT that person must have authority.
Priority: Medium
Exception to Warrant Requirement
Administrative and Inventory Searches
Administrative Searches: DO NOT require a warrant. They serve special needs distinct from the ordinary interest in law enforcement.
Inventory Searches: To be valid the search must be:
Reasonable; AND
Conducted pursuant to established police agency procedures.
Priority: Low
Exception to Warrant Requirement
Checkpoints
Police may stop a vehicle if:
It is conducted in a nondiscriminatory manner;
For a purpose other than investigation of criminal activity; AND
It is reasonable in scope.
Priority: Medium
Exception to Warrant Requirement
Automobile Exception
This exception allows a warrantless search of the car if the police have probable cause that either contraband OR evidence of a crime will be found in the vehicle.
*If there is probable cause: Police can search the entire car AND packages, luggage, or containers that may reasonably contain items for which there is probable cause.
Priority: Low
Under the 14thAmendment Due Process Clause, when will a Confession be excluded at trial?
A confession is inadmissible if it’s the product of police coercion that overbears the suspect’s free will.
*Courts will consider the characteristics of the interrogation AND the individual.
Priority: N/A
