Federal Seizure and Arrest are Exigent but not Searches that Knock Warrantless Plain Autos

Question 1

Federal

Answer 1

Federal WA

(1) Federal = 4 +5 + 6 as applied by 14
(2) WA Constitution = greater expectation of privacy = applied by multi-factor Gunwall analysis.

Question 2

Seizure

Answer 2

Search Stop Frisk

(1) Search + Seizure = state actors + reasonable = PC + warrant, typically.
(2) Stop = articulable suspicion + violation of law = lowered standard
(3) Frisk = AS + armed and dangerous, but hard and sharps.

Question 3

Arrest

Answer 3

Arrest Probable Warrant

(1) Arrest = seized + custody = PC + warrant – exception
(2) PC = > mere suspicion = officer’s experience + circumstances + quantum/quality of evidence at time!
(3) No warrant = exigent, misdemeanor + presence, or a felony suspect + public, another’s home

Question 4

Exigent

Answer 4

Exigent Deadly

(1) Exigency = immediate = evidence destruction, injury to others, hot pursuit
(2) Deadly force != fleeing, unless threat to safety

Question 5

Search

Answer 5

Search Warrant Informant

(1) Searched = invasion + R. expectation of privacy
(2) Warrant = neutral + PC statement w/personal knowledge, same from named informant + particularly describe search/seizure + proper execution
(3) Named informant = presumed reliable; not named = track record of reliability.

Question 6

Knock

Answer 6

Knock Scope Stale

(1) Knock and announce = R. response time = 3s
(2) Scope != exceeded
(3) Stale = evidence no longer likely != PC

Question 7

Warrantless

Answer 7

Warrantless Inventory Frisk

(1) Warrantless Incident = person, wingspan, cabin, protective sweep, closed containers in reach
(2) Inventory = incident + consistent policy
(3) Frisk = reach under seats

Question 8

Plain

Answer 8

Plain Consent

(1) Plain view = feel, smell = lawfully present + immediately identifiable
(2) Consent = apparent control, but clear + voluntary + scope + remain revocable (but don’t have to tell)

Question 9

Autos

Answer 9

Autos Closed Impounding

(1) Autos = trunk and cabin w/PC + w/o warrant; no PC if exigent for R. belief used or close proximity to a crime
(2) Closed container = ok, but not locked
(3) Impounding = incapacitated, arrested, public danger = R. 3rd party opportunity != locked container, trunk