Search 3 Flashcards
6 things warrants require
- Consent searches
- Search incident to arrest
- Certain vehicle searches
- Emergence searches
- Supervisory workplace searches
- Searches of students by school officials
Consent searches
Voluntariness, Lawful possession, warning of rights, proof of consent and receipt and certificate
Search of a person
Incident to a lawful arrest
Consent
With a search warrant
Search incident to arrest
The authority to search, following a full custody arrest, is an exception to the warrant requirements
Threshold requirements
There must have been a lawful custodial arrest
The search should be made at the time and place of the arrest
Scope of search
Following a lawful arrest, an officer is entitled in all cases to search persons within his immediate control
Intensity of the search
A search that Leeds to an arrest to protect the officer and to preserve evidence and prevent escape
Use of force
Must be reasonable
Protective sweep
Upon lawful arrest the officer may conduct a search of the premises if he has reasonable suspicion
Inventory of personal property
Personal property removed from a person who has been arrested and stored for safe keeping
Vehicle ID number examination
There is no expectation of privacy in a vehicle ID number
Vehicle exception
Carroll doctrine
Carroll doctrine
Search on reasonable belief the vehicle contains contraband
Justification (Carroll doctrine)
Vehicle may be searched without a warrant of reduced expectations of privacy.
Search incident to arrest in vehicle
Police may search a vehicle incident to a recent occupants arrest, only if the arrestee is within reaching distance of the passenger
Frisk type search
Police officers may stop a vehicle for investigative purposes based on facts to obtain a warrant of criminal conduct of the occupant of the vehicle
Inventory
An inventory is different than a search, it protects the owner property from theft or damage
Inventory threshold requirements
Police must take custody of the vehicle
The inventory must be done pursuant to department policy
Scope of the inventory
Extends to the entire vehicle plus containers if it is consistent with the care taking purpose
Emergency searches
The delay to obtain a search warrant may place people in jeopardy or defeat the purpose of the warrant
Exigent circumstance doctrine
Exception to the 4th amendments protection against searches conducted with prior approval
Immediate warrantless search is justified in the following
To protect life and safety, exceptions to warrant requirements for entry and to preserve evidence being destroyed or removed
Crime scene searches
Crime scenes may not present such exigent circumstances that will permit a warrantless search of the entire premises
Warrantless search at workplace
Search of a govt employees desk or file cabinet by a supervisor is reasonable
Warantless search of a school
Search of students or the school is reasonable for safety to be maintained
