Pg 15 Flashcards
What are the different exceptions to a warrant?
TINA BASHES I.E. PACE: – third-party consent – inspections and regulatory searches *** N: no "n" – administrative search
– border search – automobile exception - search incident to lawful arrest – hot pursuit or evanescence evidence – exigent circumstances – stop and frisk
– post arrest inventory search
– emergency aid doctrine
– plain view doctrine
- arrest in public
– consent
– entrapment
What does an exception to the warrant requirement mean?
This dispenses with the need for a warrant
What is involved in a search incident to lawful arrest?
Police are permitted to do an automatic contemporaneous search of the person arrested in the areas within his immediate control.
What are considered to be the areas in a person’s immediate control for search incident to lawful arrest?
Anything within lunging distance so the person can get possession of a weapon or destroy evidence
What is the rationale for search incident to lawful arrest?
It is based on the protection of police and preservation of evidence
At what point are police permitted to do a search incident to lawful arrest?
Immediately after a lawful arrest. It is done because of or in connection with an arrest, not to find evidence of the crime or contraband
Basically what does SITLA allow a police officer to do?
If the defendant is carrying something or there’s something right next to him, the police can search it
When is SITLA triggered?
By lawful arrest based on probable cause
If an arresting offence is very minor, is SITLA still allowed?
Yes
What are the areas that a police officer can search without probable cause in relation to SITLA?
Any area that the defendant had access to right before the arrest and at the time of the search.
What are areas that would not be allowed to be searched under SITLA?
The rooms besides the one that the defendant is in or any closed or concealed areas of the room itself
What are areas that can be searched under SITLA?
Closets or spaces immediately adjoining the place of arrest where an attack could be immediately launched from. Anywhere that the defendant could possibly presently reach
What are factors to consider for SITLA?
- is the defendant restrained?
– what is the position of the police officer, the defendant, and the place to be searched?
– is it easy or hard to get access to a container or an enclosure being searched? - how many police are present compared to the arrestees?
What is involved in the immediate control test for SITLA?
The geographic scope that is permitted to be searched is the area within the defendant’s immediate control at the moment of arrest (where he could get possession of a weapon or destroy evidence).
If an arrest is not reasonable, and the officer does SITLA, what happens?
SITLA is the invalid fruit of the poisonous tree
What is needed in order for an arrest to invalidate a search that is incident to it?
Lack of probable cause to arrest the person
If someone is arrested with probable cause under a statute that is later held to be unconstitutional, does that invalidate a SITLA that happened?
No
If the arrest is unlawful, what does that mean for any SITLA that accompanies it?
This is also unlawful
In order to search a house incident to arrest, where must the arrest happen?
Inside, not somewhere outside
If a person is arrested outside of their home but wants to go inside to get something, what does that mean for the police officer?
He has consent to enter the home, so anything that is found in plain view is seizable
If someone is arrested in a car, what are the things that can be searched incident to lawful arrest come?
Anything within the person’s wingspan. This includes the interior and everything in the car, but not the trunk
If a person is arrested by an open car trunk, and inside the trunk is a double locked locker that the cops think has drugs in it, if they take the locker, and the car, and federal agents unlock the locker and search without a warrant, is that lawful under SITLA?
No, because they should have taken the locker away from the scene where it would’ve been removed from any danger of the evidence being destroyed or weapons being gotten from it, and then they should’ve gotten a search warrant. Once they removed it from the scene, searching the locker was no longer incident to arrest
Is it possible to search containers that are found on a person such as their wallet or their purse incident to arrest?
Yes, if they are immediately associated with the person. But in all other instances, probable cause and a search warrant is needed when the police take an item into their exclusive control
If police arrest someone in their kitchen, what are the police entitled to do?
A protective sweep of the areas that are immediately connected to the kitchen.
They can do a protective sweep of the rest of the house only if the police have a specific or articulable basis to suspect there is a threat that necessitates a further search. A reasonably prudent officer must believe that the area harbours an individual that is posing danger to those on the scene. This would then allow a cursory inspection of ONLY the places that the person could be found