Exception to search warrants Flashcards
exception to search warrants
SITA, automobile exception, plain view, consent, Terry stop and frisk
SITA
- arrest must be lawful
- arrest must be contemporaneous in time and place
- geographic scope
- SITA and autos
SITA
arrest must be lawful
The arrest must be lawful. If the arrest is unlawful, then the search is unlawful.
SITA
arrest must be contemporaneous in time and place
The arrest and search must be contemporaneous in time and place
SITA
geographic scope
limited to the person and areas w/in the person’s wingspan
SITA
SITA and autos
The police may search the interior of the auto incident to arrest ONLY IF: (3 reasons)
SITA
SITA and autos - reason 1
The arrestee is unsecured and still may gain access to the interior of the vehicle OR
SITA
SITA and autos - reason 2
The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle
SITA
SITA and autos - reason 3
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.
- Emergency aid exception
- Community caretaker exception
automobile exception
probable cause
search entire car
when must probable cause arise
automobile exception
probable cause
For police to search anything or anybody and fall under the automobile exception, they must have probable cause
automobile exception
search entire car
If before searching anything or anyone the police have probable cause, then they can search the entire car
automobile exception
how much is the entire car
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.
automobile exception
When must probable cause arise?
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.
Plain view
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.
Consent
For valid consent, the consent must be voluntary
Consent - 3rd party
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
Terry stop and frisk
purpose legal standard reasonable suspicion v probable cause Terry frisk If probable cause arises auto stops
Terry stop and frisk
purpose
A Terry stop and frisk is for the purpose of investigating suspicious conduct
Terry stop and frisk
legal standard
Legal standard for stopping: reasonable suspicion
Terry stop and frisk
reasonable suspicion v probable cause
reasonable suspicion standard
Terry stop and frisk
Terry frisk
Terry frisk: Pat down of the outer clothing and body to check for weapons
Terry stop and frisk
If probable cause arises
If probable cause arises during an investigatory stop, the detention can become an arrest and the officer could then conduct a full SITA
Terry stop and frisk
auto stops
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
Does the police have authority to briefly detain a person, even if they lack probable cause?
Yes. The police have the authority to make a Terry stop, or to briefly detain a person, even if they lack probable cause.
What is required of the police in order to make a Terry stop?
To make a Terry stop, police must have a REASONABLE SUSPICION supported by ARTICULABLE FACTS of criminal activity.
What determines if police have reasonable suspicion to make a Terry stop?
Whether the police have reasonable suspicion depends on the totality of circumstances.
rule on automobile stops
Police may stop a car if they have at least reasonable suspicion that the law has been violated.
What is the exception to the rule on auto stops?
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)
