Procedural Law 3: Search and Seizure

Question 1

3 valid reasons for a search

Answer 1

• to protect the officer’s safety and/or prevent escape
• to prevent the destruction of evidence
• to discover evidence relevant to the crime for which the defendant is being arrested

Question 2

Exceptions to the Warrant Requirement

Answer 2

• officer safety
• consent
• Exigency
• plain view/ open view
• search incident to arrest
• inventory

Question 3

Oregon’s “officer safety” doctrine

Answer 3

Article I section 9 of the Oregon constitution does not forbid an officer to take reasonable steps to protect himself or others, if during the course of a lawful encounter with a citizen, the officer develops a reasonable suspicion, based on specific and articulable facts, that the citizen might pose an immediate threat of serious physical injury to the officer or others then present.

Question 4

an ______ _______ is a situation that requires the police to act swiftly to prevent danger to life or serious damage to property, or to forestall a suspect’s escape or the destruction of evidence.

Answer 4

exigent circumstance

Question 5

3 options for search incident to arrest

Answer 5

• evidence of crime
• ofc. safety/ prevent escape
• to prevent destruction of evidence

Question 6

Open View

Answer 6

Where there is no physical intrusion by an officer into a constitutionally protected area

Question 7

An officer is lawfully inside of a protected space and sees contraband in that place. In this case the officer does not need a warrant to seize that contraband.

Answer 7

Plain View