Exceptions to Warrant Requirement

Question 1

ESCAPIST

Answer 1

Exigent circumstances 
Search incident to lawful arrest
Consent
Automobile exception
Plain View/Plain Touch
Inventory searches 
Special needs searches 
Terry stop & Frisk

Question 2

Exigent circumstances

Answer 2

Includes
Hot Pursuit
Safety (emergency aid)
Prevention destruction of evidence

Question 3

Hot Pursuit

Answer 3

an exception if police are in the pursuit of a felon, then they can pursue suspect and conduct search without a warrant, but must have probable cause. During hot pursuit, any evidence of a crime discovered in plain view while searching for the suspect is admissible. Hot pursuit must be immediately after crime and more than a minor offense

Question 4

Safety

Answer 4

police may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury. only requires an objectively reasonable basis for believing that a person inside is in need of emergency aid.

Question 5

Preventing Destruction of evidence

Answer 5

permits police to perform a search without a warrant if they reasonably believe it is necessary to prevent the imminent destruction of evidence. Exigency is determined on the totality of the circumstances.

Question 6

Search incident to a lawful arrest

Answer 6

When a lawful arrest is made, police may search the arrestee’s person and the area into which the arrestee might reach where he could gain possession of a weapon or destructible evidence.

Question 7

Consent

Answer 7

Consent must be voluntarily given as determined by the totality of the circumstances. Police don’t have to tell them that they can say no or are free to leave.

Question 8

Automobile

Answer 8

Police may search a vehicle without a warrant if they have probable cause to believe evidence or contraband is inside the vehicle. The search of the vehicle need not take place immediately, it can be done after the vehicle has been taken to a police station and is no longer mobile. The search may include any containers or personal effects within the vehicle, regardless of whether the containers or personal effects belong to the driver or to passenger.

Question 9

Plain View

Answer 9

Police may seize an item in plain view if they are legitimately on the premises and it is immediately apparent that the item is evidence of a crime, contraband, or otherwise subject to seizure

Question 10

Plain Touch

Answer 10

allows an officer to seize an item if he is legitimately apparent- based only on his quick touch and without further manipulation or “search”- that the item is evidence of a crime, contraband, or otherwise subject to seizure.

Question 11

Inventory

Answer 11

If property is lawfully possessed by police, they may inventory the contents to protect the owner’s property while it is in police possession. Inventories pursuant to standard police procedures are reasonable.

Question 12

Special needs

Answer 12

The ability to dispense with individualized suspicion based on a balancing of interests. (Health and safety need vs. Scope of intrusion)
includes:
	Administrative Searches
	Border Crossing
	Checkpoints
	Schools
	Government Employee
	Drug testing
	Searches in Jails and prisons
	Probation and parole Searches

Question 13

Terry “Stop and Frisk”

Answer 13

investigative detention lasting no longer than is necessary to effectuate the reason for the stop. Requires reasonable suspicion which is less than probable cause but more than a mere hunch.