Exceptions to the Warrant Requirement

Question 1

What are the Exceptions to the Warrant Requirement:

Answer 1

1) Exigent Circumstances
2) Plain View
3) Automobiles

Question 2

Like in Mincey, where there was a shoot out at a home requiring police to enter the home on exigency grounds, when does their ability to “search” end?

Answer 2

® Talking about when does an exigency expire
◊ When the exigency expires, the ability to do the search expires
® Not all of the search was impermissible, the exigency allowed looking for further danger or people hurt

Question 3

If you are in Hot-Pursuit…

Answer 3

you do not need to go and get a warrant

Question 4

Police Created Exigency…

Answer 4

Is not a Defense if they had PC

Question 5

Like in Welsh, a man is a DUI and crashes and goes home to crash. Police know who it is and have PC to arrest, but no warrant, so they enter his house to arrest him. Is this ok?

Answer 5

the arrest of the defendant without a warrant in his home was in violation of the IVth Amendment because the state had not established the existence of exigent circumstances

Question 6

Whether every person arrested for drunk driving can be forced to submit to a blood test without consent and without a warrant?

Answer 6

-Supreme Court rejects proposition that states can routinely compel people suspected of drunk driving to submit to a blood test without consent and without a warrant.
® Not going to give a per se rule for BAC - case by case analyis if there is an actual exigency

Question 7

3 main take-aways from Exigencies

Answer 7

□ Probable Cause Required
□ Police Created is OK
□ They Expire

Question 8

If there is a search, is there a need for the Plain View Exception?

Answer 8

No

Question 9

Plain View Requirements:

Answer 9

□ Police must have a lawful vantage point - items must be in plain view while police conduct a lawful search
□ Police must have lawful access to the object and in a place where they can gain physical control
□ Right to seize was immediately apparent - probable cause that is evidence of a crime or contraband

Question 10

If you pull someone over and look through the window and see a gun…

Answer 10

this is ok to seize because it was seen plainly, BUT THIS IS NOT PLAIN VIEW!

Question 11

Standard for searching under Plain View:

Answer 11

PC, Reasonable Suspicion is a hurdle that needs to be crossed to survive

Question 12

Example of Plain View - Hicks Stereo Equipment Case: Issues of Seeing & Touching

Answer 12

} Stereo equipment
} Seeing equipment
– Reasonable suspicion (not probable cause)
– Calling in serial # gave them probable cause
} Touching equipment
– This is where we have issue
□ Police must have lawful access to the object and in a place where they can gain physical control
□ Right to seize was immediately apparent - probable cause that is evidence of a crime or contraband
} Reasonable suspicion in this case, not probable cause - so search of stereo (with touching it) was unlawful

Question 13

Plain Feel Exception

Answer 13

If there is PC, you can cop a feel

Question 14

Automobile Exception Basic Rules:

Answer 14

® Purpose of exception is the inherent mobility of vehicles and thus have a diminished expectation of privacy
® Must have probable cause to believe there is contraband or evidence
® May search w/o Warrant

Question 15

Does the automobile exception apply to a vehicle that is moved to the police station and then searched?

Answer 15

Yes, because it is dangerous to search on the side of the road. Police had probable cause and behaved reasonably so it was OK

Question 16

Acevedo - Container in Car Rules/Limits

Answer 16

® If there is probable cause to search the car, you can open a container, but if your probable cause is for the container you cannot go searching the rest of the car
® Can only search containers in car where contraband may be
-Probing Search is OK if supported by Probable Cause

Question 17

Acevedo Applied - can the police search or seize?

1) Container Out of Car
2) Container in Car; police have PC for container
3) Container in car; police have PCfor car

Answer 17

1) Can sieze - Need warrant to search container out of car
2) Can Search
3) Can search - rules 2 and 3 become the same after Acevedo

-After Acevedo it is better for police to have PC for the car

Question 18

Readily Mobile - motor home

Answer 18

If a motor home is not readily mobile, police need warrant even with PC

Question 19

Like in Houghton, Police pull over a car with multiple passengers…there is a bag or purse on the floor….can the police search?

Answer 19

-Police can search anything of the passengers in the car without figuring out whose is whose
◊ Bag left in car at a stop is open game
◊ Open question - if passenger wheres bag to be searched out of the car with her, can we search it?
} Look to chadwick - if probable cause you can seize it
} Look to case de ray? Can’t search jacket pockets because that’s a search of the person

Question 20

Automobile Exception Recap: Basic Rule:

Answer 20

□ Basic Rule: no warrant needed to search car (Carroll, Chambers)
• Must have PC
• Applies even if time to get a warrant; even after taken to station (Chambers)

Question 21

Justifications for Automobile Exception

Answer 21

mobility of car/exigency; lower expectation of privacy

• includes mobile homes (if still readily mobile, etc.) (Carney)

Question 22

Scope of Automobile Exception (Car, glove compartment, containers, when does search end?)

Answer 22

-anywhere within car where items (for which have PC) could be found
• Includes glove compartment and trunk area (trunk extends beyond SITA) depending on evidence (again, spatial constraints)
• Includes containers (again, if large enough to hold evidence for which there is PC) (Acevedo); regardless of owner (Houghton)
• If only have PC for container, then search ends when container is found and searched (Acevedo)
• If PC for car, search ends once evidence for which officers have PC is located