Pg 14 Flashcards
If police are assisting someone that is seriously injured or threatened with injury, do they need a warrant to enter that person’s home to give them emergency assistance?
No
In order to determine if a situation warrants exigent circumstances, what do you consider?
– the gravity of the offense
– if the suspect is reasonably thought to be armed
– if there is probable cause or trustworthy information that the suspect committed a crime
– strong reason to think the suspect is on the premises
– likelihood the suspect is scape
– if the entry was made peaceably
- time of the entry [nighttime may result in big delay to get a warrant, so can happen at night, but also night entries require concern about reasonableness]
What are situations that the police can look in other areas of the house after they have arrested the defendant?
- if the person needs to put on clothes, the police can look in his dresser for a weapon
– if they are acting for their own protection they can do a sweep of places that an attack could be launched from
– they can look for other offenders
What is a situation that a container or package wouldn’t have a reasonable expectation of privacy?
Gun containers or burglar tool kits
If evidence is thrown into a field, wooded area, desert, vacant lot, open beach, reservoir, or open water, does it have a reasonable expectation of privacy?
No because you can’t expect privacy for activities that are out of doors in those kind of areas unless the area immediately surrounds a home
What a time is that police can enter commercial premises?
Only when it’s open to the public and they can only explore public areas unless they have a warrant. If they enter a section of the public does not have access to then that is a search
Does the fourth amendment apply to prison cells?
No because it is necessary to survey all inmates in order to keep security and order, so the expectation of privacy yields to the interest of security
Do abandoned vehicles have an expectation of privacy?
No. Intending to relinquish a claim to a car or dealing with it in a way that privacy couldn’t be justifiably expected takes away the expectation of privacy. The condition, location, and length of time is considered
What can police do outside of a vehicle without a warrant?
They can see, smell, photograph, test the exterior, examine identification numbers, etc.
If you leave items on the dash of your car, do they have an expectation of privacy if you are parked on a public street?
No, because anyone can peek inside
What kind of things are protected by the fourth amendment?
Luggage, briefcases, safety deposit boxes
If a police officer squeezes your luggage, is that considered to be a search?
Yes, because it is considered a physical invasion that is too intrusive. You expect your luggage to get moved, but not to be handled in an exploratory manner
Are police allowed to use helicopters to do surveillance?
Yes, because any member of the public can legally fly over your property in a helicopter and see things like drugs growing.
Why is the police use of thermal imaging considered to be a search?
Because this is a technology that is not in general public use and it’s giving information about the inside of the home that wouldn’t otherwise be known without actually intruding into the home
What is the rule for things like abandoned effects and garbage with regard to the fourth amendment?
Police can examine abandoned things and it is not a search because the person had the intent to relinquish all claim to the object
What are examples of things that would be considered abandoned effects that the police can search?
A hotel garbage after check out, or a garbage that is waiting on the curb to be picked up
Why is it OK for police to inspect garbage that is waiting to be collected and this is not considered to be a search?
Because the garbage is accessible to animals, scavengers, the public, snoops, and is purposely conveyed to a third-party garbage person, so it has no reasonable expectation of privacy. This only applies for garbage that is left in an area that is accessible to the public. Once you’ve exposed the garbage to the public, that defeats any fourth amendment protection, even if the garbage is shredded.
If garbage is still inside your home or hasn’t been disposed of yet, does it keep its privacy interest?
Yes
If a suspect throws drugs into the bushes after he has been seized, does he have an expectation of privacy in the item?
No
If the police look at records of agencies that have worked with the defendant, is that considered to be a search?
No. For example if the police looked at the defendant’s bank records, he has no possessory interest in them because he voluntarily conveyed it to the bank, so there was a risk that others would see it and give it to the government
What is the deal with electronic tracking devices and the fourth amendment?
Installing a device is not a search, but using it for surveillance is.
If you follow a car on the street is that considered to be a search?
No
Why does the automobile exception not apply to attaching and monitoring GPS devices on cars?
Because this creates continuous police presence to discover evidence that might come into existence or be put in a car at some future point, so it extends police intrusion past the time that it would normally take the police to enter, locate, and remove existing evidence
Is it possible for a warrant to be executed for the entire area covered by the description including buildings in the curtilage?
Yes, unless the warrant specifies a certain portion
If police are passing through areas that are adjacent to the premises because it is necessary to gain access to the described areas, is that OK?
Yes and anything that they lawfully see during that pass through because of plain view is admissible
What is the rule for the actual execution of a search once you have a warrant?
You can only look in places that at least one item in the warrant could be concealed
Once the purpose of a warrant is accomplished, what happens?
The authority to search ends and any evidence that you get after it is suppressed
What is the plain view doctrine?
Police consider anything that is immediately apparent to them to be evidence
When police are executing a search of a vehicle, what is the rule about the contents of the vehicle?
They can search packages that belong to passengers, they can move objects if it helps to search for the described items, and they can open sacks and containers in the car
How are containers in a vehicle treated?
The same as the vehicle. Police can search all containers that are found in an automobile without a warrant if the search is supported by probable cause [triggered by probable cause if there is evidence in the car]. But the police can only search where contraband could possibly be, and once it is located, the search must end because there’s no probable cause to look further]
What is the container doctrine with regard to search and seizures of vehicles under the fourth amendment?
Any containers that are discovered outside of an automobile like a purse, briefcase, or backpack that people maintain a legitimate expectation of privacy in requires a warrant to search, but under the automobile exception, they lose this protection once they are in the vehicle
What is involved in an automobile search incident to lawful arrest?
If a police officer arrests an occupant or recent occupant of the vehicle, they can search the passenger compartment and any containers inside to prevent the arrestee from getting weapons or destroying evidence if he is within reaching distance of the vehicle. If he’s no longer within reaching distance, the compartments and containers inside can still be searched if there’s a reason to believe that the vehicle contains evidence of the offence of arrest. This is triggered by lawful arrest and allows for the search of the suspect and everything in his control. Although the trunk cannot be searched because there is no risk that the suspect will jump into the trunk.
If someone is arrested for a suspended license, does that give probable cause to think that there are drugs or guns in the car?
No, all that you can search for is things that are related to the crime of having a suspended license
What are the two bases to search a car incident to a lawful arrest?
– prevent the defendant from getting a weapon or destroying evidence
– collect evidence of the offence that the defendant is arrested for
When there has been an automobile search incident to lawful arrest, if the police officer wants to prevent the defendant from getting a weapon or destroying evidence, what is necessary?
That the defendant be within reaching distance of the car AND not secured. Only at that point could the passenger compartment be searched
If a police officer is executing a automobile search incident to lawful arrest, and he wants to collect evidence of the offence that the defendant is arrested for, what might he have?
A reasonable belief that there is evidence of that crime in the car, then he can search the passenger compartment
