Exigent Circumstances Flashcards
What does the word exigent mean
The situation calls for immediate action
Two reasons support allowing the police to dispense with the warrant requirement under the motor vehicle exception
1)Mobility of the vehicle
2)reduced expectation of privacy
The motor vehicle exception applies to motor vehicle as well as _______ and _____
airplanes and boats
The motor vehicle exception applies when police have (2)
Probable cause and
Public area
What is one of the conditions that must exist for the motor vehicle exception to apply
The vehicle is lawfully stopped
The description of stolen stereo equipment is a ___________ description of items to be sought in a warrantless motor vehicle search because ……
Sufficient
General probable cause based on a spontaneous report justifies a vehicle search in public
(Stolen stereo equipment would be way to vague for probable cause in a warrant affidavit)
Officers may have ______ _____ prior to stopping a motor vehicle and using the exception to search the motor vehicle
probable cause
(Officers had probable cause from two sources that the defendant had a gun in his possession. He was pulled over and frisked but no gun was located. This gave them probable cause to believe the gun was in the car)
A trooper searches a woman outside of her vehicle and finds a on marijuana cigarette in her pocket. Would this woman’s marijuana possession justify a search of her car in this situation
No because the marijuana cigarette does not justify searching the car, absent other evidence
In Comm v. Eggleston the SJC created an additional requirement concerning the motor vehicle exception. What is it ?
There must be no unreasonable delay in executing the search
Any Delay of a motor vehicle stop with pre stop probable cause will be highly scrutinized. What is one of the reasons the court will allow a delay instead of just getting a search warrant
Police want additional corroboration
(Example: allowing their suspect to meet an accomplice)
A 6 hour gap between an armed robbery and the stop of the suspect vehicle does not ______ probable cause to search
negate
(It was really unlikely that 6 hours later someone new was driving the car from the car stop)
On a driveway search the SJC allowed evidence in a motor vehicle with flat tires and a blown engine under the theory that the ______ or other members of the public might have quick access to the evidence in the car
perpetrators
Officers should complete their search within ____ hours or get a warrant
2
If probable cause justifies the search of a lawfully stopped vehicle, the scope of the search is
Anywhere in the vehicle where the objects of the search might be, including closed or locked containers
If an officers has plenty of time to obtain a search warrant, say 6 hours, can you still stop that car on a public street and search it without a warrant?
No
(the requirement is for police to obtain a warrant in cases where they clearly have enough time. There is no investigative reason for police not to obtain the warrant)
When conducting a search under the motor vehicle exception what areas can be searched
All areas may be searched if the nature of the probable cause supports it
What is the law for motor vehicle exceptions under California v. Acevedo
If police have probable cause focused on a container, within a car, they may conduct a warrantless search of that container under the motor vehicle exception
When police have probable cause to search a vehicle, they may also inspect the passengers belongings found in the vehicle, provided that the possessions being searched may conceal the object for which the police have probable cause. There need be no probable cause to believe that the passenger is guilty of any wrongdoing. The passengers mere _________ in the vehicle is enough
presence
What is an exigent circumstance is still present and therefore a warrant will not be required for a further search of a home
Evidence could be
An officer may enter a home while in ______ ______ of a person who has committed a felony
hot pursuit
Because misdemeanors may be quite minor, an officer must evaluate whether entering a residence in hot pursuit of a misdemeanor suspect is constitutionally permissible. If an officer believes the following three things are true they should NOT enter a home in hot pursuit
1)Suspect is in their own home
2)Will not destroy evidence
3) Posses no risk of violence
Police are sometimes required to knock and announce their presence before entering a residence based on hot pursuit. What would be a reason to announce during hot pursuit ?
The presence of other occupants may require warning before entry.
An Officer finds an open door while patrolling at night. He knocks and announces to no answer. When he enters the home he finds the owner moving a couch outside and needed the door left of open. Was the Officer acting properly
Yes because the officer was authorized to enter a home that was the potential crime scene
Name 5 misdemeanors that would not give an officer a right to enter a home in hot pursuit because they carry no possibility of imprisonment.
1) Unlicensed operation
2)Failure to Stop for police
3)Use of a badge without authority
4)Littering
5)Disorderly conduct
When may police be required to knock and announce when entering a residence based on hot pursuit
The presence of other occupants may require warning before entry
An Officer sees a wide open door and knocks and announces himself. After a minute he enters the home. He finds the owner in the basement preparing to move out furniture, that was why the door was open. Was the Officer justified ?
Yes, because the officer was authorized to enter a home that was a potential crime scene
The safety risks and potential destruction of evidence justify police entry to deal with an unsupervised party or one where an adult is illegally providing _______ or ______
Alcohol or marijuana
The _____ ________ rule authorizes a warrantless entry when a police officer has ________ ______ that emergency assistance is needed to prevent physical harm, protect life or provide assistance to someone injured
emergency aid
reasonable suspicion
Officers dispatched to a silent 911 call should attempt to gain entry in a normal manner by knocking or ringing the bell. When confronted with no answer the recommended approach is (5)
1) Check with dispatched about past problems
2) walk around the perimeter
3)Try to get information from neighbors
4)consult with supervisor whether to force entry
5)use the least intrusive method to enter the home
The smell of drug fumes emanating from an apartment is not ________ evidence for emergency entry for emergency aid purposes
Sufficient
( Officers need more then just smell, such as another person is injured or in danger in the home or the occupant hasnt been seen and there is a concern for their health)
When checking for the cause of a possible arson Officers must go with Fire fighters as long as the Fire Dept is still on scene and ________ with the fire
Engaged
(In a Michigan case, Officers waited until 6 hours after a fire was already out and all fire trucks had left the scene. At that point not exigency remains and an administrative warrant should be gotten)
148/2 allows an administrative warrant to be obtained for a fire damaged building upon showing (2)
1) A fire of undetermined origin occurred on the premises
2) A search will be conducted at a reasonable time
List the 8 factors that determine whether the police have exigent circumstances that justify entering a home or other private building without a search and/or arrest warrant
1)Felony and Present
2)Violence
3)Armed
4)dangerous to delay
5)awareness of police
6)destruction of evidence
7)Nighttime
8)Escape
What does VADE Stand for when it comes to exigent circumstances to justify entering into a home without a warrant
Violence
Awareness of police
Destruction of Evidence
Escape
Not every factor from VADE needs to be present to create an _________ ________ justifying warrantless entry for search and/or search
exigent circumstances
