exceptions to warrant Flashcards
arrests must be lawful
if arrest unlawful, search unlawful
arrest + search must be contemporaneous in time and place
what area can be searched with arrest
- the person
2. the wingspan
arrest and auto search
may search interior of auto ONLY IF
- arrestee is UNSECURED
- police reaosnably believe that evidence of the offense for which person was arrested may be found in the vehicle
cell phone and arrest
can’t take digital information from cellphone without warrant
automobile exception
to search the auto or anyone in it need PC. This can arise afater car is stopped BUT MUST BE BEFORE SEARCH STARTS
if police have PC before searching, they can search the entire car (car + trunk)
If theyhave PC can ALSO open any luggage or other container in the car which could reasonably contain the item which gave them PC
plainview exception
to be valid police must be legitimatley present at the location wher ethey view item
must be IMMEDIATELY APPARENT that hte item is contraband or fruit of a crime
consent exception
consent must be VOLUNTARY
note that warrant negates consent
3P consent - if people have equal right to property, either can consent, but if one does not consent, then that controls
if non-consenter is removed from premise validly (e.g. arrest), then police can get consent from other
ANYONE WITH APPARENT AUTHORITY CAN CONSENT
stop and frisk
Terry stop - brief detention for pupose of investigating suspicious conduct
require - reasonable suspicion
reaosnable suspicious is less than PC
terry frisk - pat down of outer clothing and body for WEAPONS. NO MANIPULATION. just need to reaosnably believe he might have weapon
DOESN’T WORK IF JUST DRUG DEALER
If PC arises during a detention it becomes an ARREST and the you can do a FULL SEARCH INCIDENT TO ARREST
terry stop and frisk and auto
if proper stop and officer reaosnably believes that a driver or passenger may be armed and dangerou may
- conduct a frisk of suspected person
- search the vehcile so long as limite dto areas which a weapon may be placed
evanescent evidence exception
evanescent - might disappear quickly (e.g. fingernail scrape)
must get warrant for blood sample for DUI (if practical)
hot pursuit exception
if cops are not w/in 15 minutes behind fleeing felon, it si not a valid hot pursuit exception
remember this entitles to warrantless search. This means if they enter a home w/o a warrant anyhing in plain view will be admissible
inventory sarches
before incarceration can search
- personal belongings
- entire vehicle
emergency aid exception
officer may searhc an individual or hte public if if an offier faces an emergency that threatens health or safety
public school searches
Rule - public school kids engage din extracurricular eactivities can be randomly drug searched
warrantless searches of public school kids effects (purses and or bacpacks) is permissible to investigate violatoin of school rules
school search reaonsable only if
- offers moderate chance of finding evidence of wrongdoing AND
- measures adopted to carry out the search are reasonably related to tehobjectives of the sarch AND
- search is not excessively intrusive
international mail
may open international mailw hen there is reaonsbale cause to believ ethe mail contains contraband
