Exceptions to Warrant Requirements

Question 1

3 exigent circumstances

Answer 1

1) emergency aid (Brigham City)
2) hot pursuit (Warren)
3) need to prevent the imminent destruction of evidence (King)

Question 2

Kentucky v. King

Answer 2

Law enforcement may conduct a warrantless search if it is compelling that a warrantless search is objectively reasonable

Prevention of evidence is fundamental

Question 3

Search Incident to Arrest

Answer 3

When an arrest is made, it reasonable for the arresting officer to search the person for weapons that would allow the arrestee the ability to escape one place where there would be a weapon

Prevent the destruction of evidence

Look to the person, not the entire area around them

Question 4

Chimel v. California

Answer 4

The entire house of an arrestee cannot be searched, only their personal area near them where evidence or weapons could be

Question 5

Robinson v. United States

Answer 5

Search of a cigarette holder, inside the arrestee’s pocket, because the probable cause to justify the arrest warrant was enough to justify the additional intrusion on the person

Question 6

Exception incident to arrest

Answer 6

Cell phones are not a part of the incident to arrest unless a dire situation (bomb, child abduction, extreme emergency)

Per Riley

Question 7

Riley v. California

Answer 7

Did not extend Robinson container rule to cell phones because of the amount of privacy in cell phones

No safety rationale for a cell phone search, and no immediate evidence is on the brink of destruction

Question 8

Automobiles Incident to Arrest (Belton)

Answer 8

When a police officer makes a lawful arrest of an occupant of a car, he may search the passenger compartment of the vehicle incident to arrest

Not within reach per Chimel, but under the arrestee’s control

Question 9

Automobiles Incident to the Arrest (Gant)

Answer 9

Overturned Belton

Police can only search a vehicle of the recent arrestee’s vehicle when:

1) the arrestee is unsecured within reaching distance of the passenger compartment at the tie of the search

2) when there is reason to believe evidence RELEVANT TO THE CRIME OF THE ARREST might be found

Question 10

Key Part of Arizona v. Gant

Answer 10

Reason to believe that evidence RELEVANT TO THE CRIE OF THE ARREST

Unsecure

Question 11

Arizona v. Gant

Answer 11

Driver arrested for driving while suspended and searched the compartment of the car

This was no closeness at the time of arrest and the evidence was not related to the arrest

Question 12

Are pretextual stops permitted with no motivation?

Answer 12

According to Whren, yes

Question 13

Whren v. United States

Answer 13

The subjective state of mind of a police officer is not a factor in determining the reasonableness of a traffic stop objectively supported by probable cause

Defendant wanted an argument about the motive being race related - court said that is an equal protection 14th amendment issue

Question 14

Automobile Warrant Exception

Answer 14

Cars generally do not have a warrant requirement because of the idea of mobility

Question 15

Chambers v. Maroney

Answer 15

A warrantless search can occur if a car goes from the place of stop to a police station so long as there was an initial probable cause to believe that the car has items in the officers can seize

Big focus on mobility

Question 16

United States v. Carroll

Answer 16

Held that there is a key difference between cars and homes in terms of privacy because of their traveling on the public roads

Question 17

California v. Carney

Answer 17

An RV is not a home because of its mobility, even if it is where someone lives

Look to whether there is electricity, built in, and locked down

Question 18

U.S. v. Chadwick

Answer 18

A warrantless search of locked luggage is unreasonable because it has more privacy than a typical container

Need another warrant for the locked luggage

Question 19

California v. Acevedo

Answer 19

Reversed Chadwick

The fourth Amendment allows for the search of containers in a car as long as there is probable cause that the container has contraband in it

Question 20

Plain view doctrine is a ___________ exception

Answer 20

seizure

Question 21

Plain view doctrine elements

Answer 21

1) Officers were lawfully present

2) Items are in plain view

3) Immediately apparent that the item is contraband or the fruit of a crime (probable cause per Hicks)

4) Allows for the seizure of the item

Question 22

Horton v. California

Answer 22

Items seized during a legal warrant that were immediately apparent and clearly contraband

Question 23

Arizona v. Hicks

Answer 23

For PVD to apply, it can be only invoked if the police have probable cause of evidence’s incriminating character

Cannot further inspect the items by moving them closer, only can gather information in plain view

Question 24

Plain touch doctrine

Answer 24

Police performing a Terry stop for weapons may NOT seize detected contraband during the search if it is not immediately apparent

Question 25

Minnesota v. Dickerson

Answer 25

Plain touch doctrine case

Question 26

Consent

Answer 26

allows for a search, without probable cause or a warrant, to occur

Question 27

Schneckloth v. Bustamante

Answer 27

Consent must be voluntary, but not required to prove that the consent is knowing

The prosecution has to prove voluntariness, not knowledge of it

Consent goes beyond the need for a warrant

Question 28

Georgia v. Randolph

Answer 28

People cannot search a home without a warrant if they obtain consent from one occupant, but another occupant objects

Question 29

Illinois v. Rodriguez

Answer 29

A warrantless search into a place where police believe someone can consent to a search is permitted

Standard is objective - what are the facts at the time that would permit a person of a reasonable caution is

Question 30

Consent and knowledge

Answer 30

Not required, but must be voluntary

Question 31

Can police search a home when one consents and one does not?

Answer 31

No