Reasonable Searches Without Warrants Flashcards
Search Incident to Arrest
Exceptions to the Warrant Requirement
- search incident to arrest and of arrestees
- exigent circumstances searches
- vehicle and container searches
- inventory searches
- consent searches
- plain view searches
Search Incident to Arrest Showing
- valid arrest (based on PC) and
- contemporaneous search
Search Incident to an Arrest Individual Scope
the person or
grabbing distance
Grabbing Distance
area within *immediate control *of the arrestee. Includes containers if readily accessible.
Digital Contents
warrantless search of the digital contents of a cell phone is unconstitutional. Can search the physical aspects by not the inner aspects.
Is probable cause to search required for a valid search incident to an arrest?
No, although probable cause it required for the arrest. It is not required for a search incident to an arrest.
Search Incident to Arrest - Vehicles
Polive may contemporaneously search passenger compartment incident to the recent occupant’s arrest only if:
1. reasonable to believe that Arrestee **might gain access **to the vehicle/item at the time of the search or
2. it contains evidence of the offense of the arrest
Vehicles broken down
- was there a valid arrest
- was it a vehicle
- was he a recent occupant
- was the search contemporaneous with arrest
- could arrestee gain access to vehicle/seach place
- is there evidence of the crime of arrest
Scope to SITA
Passenger compartment (typically not trunk) and opened or unopened containers therein
locked containers: Belton says no but if flimsy, goes to accessibility
Passengers
the reasonableness of a pat down search of other passengers (assuming contraband was found on D’s person or in the vehicle) is debatable:
no: passengers are independent entities possessing independent privacy interests that were not diminshed by D’s misconduct
yes: passengers could harbor destructible evidence or accessible weapons, which justify that they at least be frisked
Case Takeaways to SITA
Payton v. N.Y: warrantless, routine felony arrest in a suspect’s private residence is unrsbl. In order for police to execute a non-exigent and nonconsensual entry of a felony arrestee’s home to make an arrest, A is entitled to the protection of both an arrest warrant and reason to believe that A is in the home.
Steagald v. U.S.: a search warrant is required to enter an innocent 3rd party’s home to arrest a suspect who is located therein, provided the suspect has no privacy interest in the home; an arrest warrant for a suspect is inadequate to protect an inncocent 3rd-party privacy interst in his home
HYPO: warrantless breath test and blood tests okay?
breath: according to Birchfield v. North Dakota yes because it is drawn in a traditional, noninvasive manner
blood: no because it is too intrusive
