Exceptions to the Warrant Requirement (Module 4) Flashcards
Exceptions to the Warrant Requirement
A CHIPS
A - automobile exception
C - consent
H - hot pursuit, emergency aid, evanescent (fleeting) evidence
I - incident to constitutional arrest (normal, auto, incarceration/impound)
P - plain view
S - stop & frisk
Search Incident to Constitutional Arrest
Incident to a constitutional arrest (based on PC) police may search the person and areas into which they might reach to:
- get a weapon
- destroy evidence
- note: scope is limited to their person and area w/in wingspan
If the arrest is unconsitutional, then so is the search
Search must be contemporaneous in time with the arrest
Can do a protective sweep for accomplices
Search of Automobile Incident to Constitutional Arrest
If arrest based on PC takes place outside of an automobile, can search the passenger compartment only if:
- the person is unsecured
OR
- have reason to believe that evidence related to the crime for which the person was arrested is present
Search Incident to Incarceration/Impoundment
At police station, can do a search of the person’s belongings and if car was impounded can search the entire thing
Automobile Exception to Warrant Requirement
If police have PC that car contains fruits, instrumentalities or evidence of a crime can search the entire car and any container w/in without a warrant
- Can arise after the car is stopped
- Can have PC for car search even if don’t have PC to arrest the driver (e.g., alert put out for make/model of the car used to commit a crime but no descrip. of person; dog sniff i think)
- can tow the car and search later
- BUT if car is in the curtilage of the person’s home cannot search w/o a warrant
- can search passenger’s belongings
Plain View Exception to Warrant Requirement
Police make a warrantless seizure if they are:
1) legimiately on the premises in the first place
2) see fruit/instrum/evidence of a crime or contraband
3) it’s in plain view
3) it is immediately apparent (i.e., have PC) that it is a f/i/e of a crime
Consent Exception to Warrant Requirement
- If a person voluntarily consents (counts even if they don’t know they’re allowed to decline) to a search then police do not need a warrant
- Scope of the search is extends to what a rxble person under the circumstances would beleive it extends to
- Anyone with apparent/equal right to occupy the premises can consent; but co-occupant can’t consent to search of the other person’s stuff if that person is also there and doesn’t consent
Stop & Frisk Exception Warrant Requirement
- Can stop a person if have reasonable and articulable suspicion of criminal activity
- if rxbly believe they are armed can do a protective frisk
- if while doing the protective frisk they “plainly feel” a weapon OR contraband can reach inside to grab
Stop & Frisk (Automobiles) Exception to Warrant Req
If a car is legally stopped and have rxble suscpicion the person has a weapon can:
- pat them down and
- search the vehicle (limited to the areas a weapon might be)
Hot Pursuit/Evanescent Evidence/Emergency Aid (Exception to Warrant Requirement)
Evanescent = fleeting; might disappear before they have the chance to get a warrant (scrape under fingernails)
Hot Pursuit = if police are within 15 minutes of a fleeing felon can do a warrantless search of a dwelling
- but if person fleeing is a misdemeanor cannot enter the dwelling
Emergency Aid = can enter premises without a warrant if there’s an emergency that threatens the health of an individual or the public
Administrative Inspections and Searches (Exception to Warrant Requirement)
1) Administrative Search
- to seize spoiled/contaminated food
- of business w/in highly regulated industry
2) Drug test
- of railroad employee involved in accident
- of persons seeking customs employment
3) Prisoners during intake
4) Airline passengers prior to boarding
5) Parolees and their homes (even w/o rxble grounds)
6) public school students who participate in extracurricular activities
7) gov employees’ desk/file cabinets (rxble scope and work-related misconduct suspected)
Public School Searches (Exception to Warrant Requirement)
Only need rxble grounds for public school official to search a student; will be held rxble if:
1) moderate chance of finding evidence of wrongdoing
2) measures to carry out search are rxbly related to the objective
3) search is not excessively intrusive
Wiretapping (Warrant Required)
To get a wiretap must get a warrant (idk why it’s in warrant exceptions section); to get a valid warrant must:
1) show PC
2) name specific suspects for which wiretap is sought
3) conversations to be heard are described in particularity
4) wiretap limited to short period of time
5) wiretap is terminated once desired info obtained
6) show court what conversations have been intercepted
Eavesdropping Exception
A person assumes the risk that the person to whom they’re speaking is an informant
