Exception to search warrants

Question 1

exception to search warrants

Answer 1

SITA, automobile exception, plain view, consent, Terry stop and frisk

Question 2

SITA

Answer 2

1. arrest must be lawful
2. arrest must be contemporaneous in time and place
3. geographic scope
4. SITA and autos

Question 3

SITA

arrest must be lawful

Answer 3

The arrest must be lawful. If the arrest is unlawful, then the search is unlawful.

Question 4

SITA

arrest must be contemporaneous in time and place

Answer 4

The arrest and search must be contemporaneous in time and place

Question 5

SITA

geographic scope

Answer 5

limited to the person and areas w/in the person’s wingspan

Question 6

SITA

SITA and autos

Answer 6

The police may search the interior of the auto incident to arrest ONLY IF: (3 reasons)

Question 7

SITA

SITA and autos - reason 1

Answer 7

The arrestee is unsecured and still may gain access to the interior of the vehicle OR

Question 8

SITA

SITA and autos - reason 2

Answer 8

The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle

Question 9

SITA

SITA and autos - reason 3

Answer 9

Most states recognize the community caretaker exception, which justifies a warrantless search if an officer faces an emergency that threatens the health or safety of an individual or the public.

1. Emergency aid exception
2. Community caretaker exception

Question 10

automobile exception

Answer 10

probable cause
search entire car
when must probable cause arise

Question 11

automobile exception

probable cause

Answer 11

For police to search anything or anybody and fall under the automobile exception, they must have probable cause

Question 12

automobile exception

search entire car

Answer 12

If before searching anything or anyone the police have probable cause, then they can search the entire car

Question 13

automobile exception

how much is the entire car

Answer 13

This includes the entire interior compartment and the trunk
If there is probable cause, the police may, w/o a warrant, open any package, luggage or any container which could REASONABLY contain the item they had probable cause to look for whether that package, luggage or other container is owned by the passenger or the driver.

Question 14

automobile exception

When must probable cause arise?

Answer 14

The probable cause necessary to justify the warrantless search of an auto under the automobile exception CAN arise after the car is stopped BUT the probable cause MUST arise before anything or anyone is searched.

Question 15

Plain view

Answer 15

To constitute a valid plain view seizure, the police officer must be legitimately present at the location where he does the viewing of the item seized.
It must be immediately apparent that the item is contraband or the fruit of a crime.

Question 16

Consent

Answer 16

For valid consent, the consent must be voluntary

Question 17

Consent - 3rd party

Answer 17

GR: Where 2 or more people have an equal right to use a piece of property, either can consent to its warrantless search. However, if both people are present and one person consents to the search and the other does not consent, then the one who does not consent controls
If a co-occupant who does not consent to the search is removed from the premises for a reason unrelated to the refusal, the police may search upon consent of the other occupant

Question 18

Terry stop and frisk

Answer 18

purpose
legal standard
reasonable suspicion v probable cause
Terry frisk
If probable cause arises
auto stops

Question 19

Terry stop and frisk

purpose

Answer 19

A Terry stop and frisk is for the purpose of investigating suspicious conduct

Question 20

Terry stop and frisk

legal standard

Answer 20

Legal standard for stopping: reasonable suspicion

Question 21

Terry stop and frisk

reasonable suspicion v probable cause

Answer 21

reasonable suspicion standard

Question 22

Terry stop and frisk

Terry frisk

Answer 22

Terry frisk: Pat down of the outer clothing and body to check for weapons

Question 23

Terry stop and frisk

If probable cause arises

Answer 23

If probable cause arises during an investigatory stop, the detention can become an arrest and the officer could then conduct a full SITA

Question 24

Terry stop and frisk

auto stops

Answer 24

Auto stops: If a vehicle is properly stopped for a traffic violation and the officer reasonable believes that a driver or passenger may be armed and dangerous, the officer may

i. conduct a frisk of the suspected person and
ii. may search the vehicle so long as it is limited to the areas in which a weapon may be placed

Question 25

Does the police have authority to briefly detain a person, even if they lack probable cause?

Answer 25

Yes. The police have the authority to make a Terry stop, or to briefly detain a person, even if they lack probable cause.

Question 26

What is required of the police in order to make a Terry stop?

Answer 26

To make a Terry stop, police must have a REASONABLE SUSPICION supported by ARTICULABLE FACTS of criminal activity.

Question 27

What determines if police have reasonable suspicion to make a Terry stop?

Answer 27

Whether the police have reasonable suspicion depends on the totality of circumstances.

Question 28

rule on automobile stops

Answer 28

Police may stop a car if they have at least reasonable suspicion that the law has been violated.

Question 29

What is the exception to the rule on auto stops?

Answer 29

The exception are checkpoint roadblocks. For a checkpoint roadblock to be valid, the roadblock must i) stop cars on the basis of some neutral, articulable standard and ii) serve purposes closely related to the problem pertaining to cars and their mobility (DUI tests and border checks)