Pg 15

Question 1

What are the different exceptions to a warrant?

Answer 1

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

Question 2

What does an exception to the warrant requirement mean?

Answer 2

This dispenses with the need for a warrant

Question 3

What is involved in a search incident to lawful arrest?

Answer 3

Police are permitted to do an automatic contemporaneous search of the person arrested in the areas within his immediate control.

Question 4

What are considered to be the areas in a person’s immediate control for search incident to lawful arrest?

Answer 4

Anything within lunging distance so the person can get possession of a weapon or destroy evidence

Question 5

What is the rationale for search incident to lawful arrest?

Answer 5

It is based on the protection of police and preservation of evidence

Question 6

At what point are police permitted to do a search incident to lawful arrest?

Answer 6

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

Question 7

Basically what does SITLA allow a police officer to do?

Answer 7

If the defendant is carrying something or there’s something right next to him, the police can search it

Question 8

When is SITLA triggered?

Answer 8

By lawful arrest based on probable cause

Question 9

If an arresting offence is very minor, is SITLA still allowed?

Answer 9

Yes

Question 10

What are the areas that a police officer can search without probable cause in relation to SITLA?

Answer 10

Any area that the defendant had access to right before the arrest and at the time of the search.

Question 11

What are areas that would not be allowed to be searched under SITLA?

Answer 11

The rooms besides the one that the defendant is in or any closed or concealed areas of the room itself

Question 12

What are areas that can be searched under SITLA?

Answer 12

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

Question 13

What are factors to consider for SITLA?

Answer 13

• 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?

Question 14

What is involved in the immediate control test for SITLA?

Answer 14

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).

Question 15

If an arrest is not reasonable, and the officer does SITLA, what happens?

Answer 15

SITLA is the invalid fruit of the poisonous tree

Question 16

What is needed in order for an arrest to invalidate a search that is incident to it?

Answer 16

Lack of probable cause to arrest the person

Question 17

If someone is arrested with probable cause under a statute that is later held to be unconstitutional, does that invalidate a SITLA that happened?

Answer 17

No

Question 18

If the arrest is unlawful, what does that mean for any SITLA that accompanies it?

Answer 18

This is also unlawful

Question 19

In order to search a house incident to arrest, where must the arrest happen?

Answer 19

Inside, not somewhere outside

Question 20

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?

Answer 20

He has consent to enter the home, so anything that is found in plain view is seizable

Question 21

If someone is arrested in a car, what are the things that can be searched incident to lawful arrest come?

Answer 21

Anything within the person’s wingspan. This includes the interior and everything in the car, but not the trunk

Question 22

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?

Answer 22

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

Question 23

Is it possible to search containers that are found on a person such as their wallet or their purse incident to arrest?

Answer 23

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

Question 24

If police arrest someone in their kitchen, what are the police entitled to do?

Answer 24

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

Question 25

In order for the police to do a particularly invasive search, what is required?

Answer 25

There must be a strong belief that contraband is present. This requires a clear indication that evidence will be gotten

Question 26

What is considered to be a particularly invasive search?

Answer 26

A search that breaks the skin or extends into body cavities

Question 27

If the police resorted to having a proctoscopy done with a search warrant because there was evidence that the defendant had cocaine in his rectum, is that OK?

Answer 27

Even though this procedure is only slightly dangerous, it is super demeaning and intrusive, so it fails the compelling need test since other available avenues like an enema would be possible.

Question 28

When prisoners enter general population, what can be done by the police to search them?

Answer 28

They can lift genitals, squat and cough naked, and basically deference is given to the police unless there’s substantial evidence that the response is exaggerated

Question 29

When must a SITLA happen?

Answer 29

The search must be contemporaneous in time and place with the arrest period, although police can do SITLA of the effects of the arrestee even though the search isn’t substantially contemporaneous in time and location with the arrest, which could mean that the police take the person into custody and then several hours later search his pockets. Clothes are just effects in the suspect’s position that could’ve been searched at arrest, so the delay not change the lawfulness of the search.

Question 30

What happens to evidence that is found during SITLA?

Answer 30

It is admissible against the defendant even if it is totally unrelated to the arrest

Question 31

If you arrest someone inside a vehicle or beside a vehicle, what are the things that you can search incident to arrest?

Answer 31

Anything in the passenger compartment of the vehicle and the contents of containers that are found inside

Question 32

What is the major rule for SITLA in relation to searching a car?

Answer 32

Search of the car can only happen when the person is unsecured and within reaching distance of the passenger compartment at the time of the search

Question 33

When is SITLA of a car justified?

Answer 33

If it is reasonable to believe that evidence relevant to the crime of arrest can be found in the car.

Question 34

What is a reason that motor vehicles have a lesser expectation of privacy?

Answer 34

Because they function as transportation and not a residence or a repository for personal effects. Plus they travel through public thoroughfares where the occupants and the contents are in plain view

Question 35

Are motorhomes considered to be under the vehicle exception?

Answer 35

Yes, because they are used on highways, they are readily mobile, and they have a reduced privacy expectation since they are motor vehicles

Question 36

If you find a cell phone in a vehicle, is that part of the vehicle exception?

Answer 36

No

Question 37

If police pull over a car for traffic infractions as a pretext in order to do a search, is that allowed?

Answer 37

Yes, if the stop was made on enough evidence for a traffic violation. The subjective intent of the officers doesn’t count unless there was unlawful conduct. This is an objective test and the rest is lawful if there was probable cause that the law was violated and then a reasonable officer under the same circumstances could’ve stopped the car for some violation.

Question 38

If police arrest someone and he asks to go change his clothes or to get clothes, can the police accompany him to another part of the house and inspect things inside that part including closets and drawers?

Answer 38

Yes