Search and Seizure Model Step 5 Flashcards
Exceptions to Warrant Requirement
Search Incident to Valid Arrest, Community Caretaker, Automobile Exception, Plain View Exception, Consent, Terry Stops, Evanescent Evidence, Hot Pursuit, Inventory Searches, Public School Searches, Administrative Searches.
Search Incident to Valid Arrest
lawful arrest, search must be contemporaneous in time and place, area searched were a weapon could be procured/or evidence could be destroyed.
Search Incident to Valid Arrest (Automobile)
Officer can search car, if arrestee is unsecured and may gain access OR reasonable belief that evidence of the offense for which the person was arrested may be found in vehicle.
Community Caretaker
Officer faces an emergency that threatens the health, safety of an individual or public
Automobile Exception
Probable cause BEFORE SEARCH to search anything or anyone in car.
Can search entire car and anything that can reasonably contain the item found in the car.
Plain View
Officer must be legitimately present and item must be immediately apparent
Consent
Must be voluntary and intelligent given by one with actual or apparent authority (officer stating he has a warrant negates consent)
Third Party Consent - when two or more people have equal right to use property, if one consents and the other does not, then the one who does not consent controls
Evanescent Evidence
Evidence that might disappear quickly (fleeting evidence
Hot Pursuit
If police not within 15 minutes of felon no hot pursuit
Can enter into anyone’s home without warrant to arrest, any evidence seen in plain view is admissible
Inventory Searches
Before incarceration of an arrestee, police may search, arestee’s personal belonging and entire vehicle.
Public School Searches
Student in extracurricular activities can be randomly drug tested.
Warrantless searches of children’s effects is permissible to investigate violations of school rules
Search must offer modest change of finding evidence, search must be reasonably related to objectives, NOT EXCESSIVELY INTRUSIVE>
Administrative Searches
Inspector must have warrant to search private residences/commercial building
Showing of a neutral enforcement plan will justify issuance of warrant.
Exceptions to Administrative Warrant Requirement
search to seize spoiled/contaminated food, search of business within highly regulated area, inventory searches of arrestees, airline passengers prior to boarding, parolees and their homes, government employee’s desk and file cabinets, drug test of railroad employees involved in accidents, drug testing for person wanting employment in drug interdiction agencies
