Exceptions to the warrant requirement Flashcards
Search Incident to Arrest
United States v. Robinson (1973)
(1) A search may be made of the arrestee by virtue of the lawful arrest.
(2) A search may be made of the area within the control of the arrestee
True or False
Search Incident to arrest requires no justification beyond lawful arrest
True
an officer may search an arrestee fully without a warrant after the person has been arrested.
Knowles v. Iowa
🚨Searches incident to arrest that are conducted before formal arrest are valid only if probable cause to arrest existed prior to, not after the search.
True or false
so long as the arrestee is an recent occupant of a vehicle, officers may search that vehicle incident to arrest.
True
Belton
SIA Automobiles
Belton
- Incident to lawful arrest
2.an officer may search the area - within the arestees immidiate control
- so long as the arrestee is an recent occupant of a vehicle
SIA Homes
- during SIA in the home of arrestee
- an officer can search the are within
- the arrestees immediate person
- anywhere ele requires a warrant
Sweeps
1.In conjunction with an arrests made in the home of the arrestee
2.An officer may conduct a protective sweep of spaces immediately adjoining the place of arrest from which an attack can be immedlately launched
3.and can only extend to spaces where a person may be found
4.can last no longer than is necessary to dispel the reasonable suspicion of danger
True or false
The sweep may be conducted only when justified by a reasonable, articulable suspicion that the house is harboring a person or posing a danger to those on the arrest scene.
True
Warrantless Searches of Personal Effects
Warrantles searches of luggage or other property seized at the time of the arrest can not be justified as an SIA when officers have reduced luggage or other personal property to not be immediately within the arresstees exclusive control; and it is unlikely the arrestee will gain acess to the property to seize a weopon or destroy evidence.
United States v. Chadwick (1977)
SIA Digital Data
Data on a phone can endanger no one
the government may not conduct a warrantless search of a cell phone incident to arrest.
The government mus secure a warrant or demonstrate exigent circumstances
Blood Draws 🩸
A person may not be compelled to give blood absent a warrant or exigent circumstances unless;
Exigegent circumstances:
- unconcious suspects ( mitchell v. Wisconsin)
- Facts of case bring it into exigency because of officer’s reasonable belief that delaying the test to obtain a warrant could lead to destruction of evidence. ( Schmeber v.cali)
Doctrine of Exigent Circumstances applies if:
- Applies in instances where enforcement agents are required to act and cannot effectuate an arrest, search, or seizure unless they act swiftly.
- The officer must make the call to determine if probable cause and sufficient exigencies exist, and afterwards, lawyers and judges must evaluate the facts that informed the on scene judgement comparing them objectively to other warrantless searches that have been permitted.
When does exigent circumstances permit the warrantless search of a subjects home?
When there is a need for
1. emergency aid ; rendering emergency assistance
2. Hot pursuit of a fleeing suspect (felon)
3. Prevention of imminent destruction of evidence
Automobiles synethesized
Police may search the passenger compartment of a vehicle and containers within (Belton) Incident to the arrest of a recent occupant (Thornton) If either the arrestee is within reaching distance of the passenger compartment of the time of the search OR it is reasonable to believe the vehicle contains evidence of the crime of arrest (Gant)
