Search and Seizure Without a Warrant

Question 1

The Fourth Amendment does not specifically authorize what kind of search?

Answer 1

A search without a warrant

Question 2

If the Fourth Amendment does not authorize searches without warrants, why are such searches sometimes legal?

Answer 2

Because of court decisions

Question 3

When are searches incidental to a lawful arrest (without a warrant) permitted?

Answer 3

1) To protect the arresting officer

2) To avoid destruction of evidence by an arrested person

Question 4

How is the search area of an incidental to an arrest limited with a person?

Answer 4

Full search of the arrested person may be made and evidence may be seized even though it had no direct connection to the arrest
2)

Question 5

How is the search area of an incidental to an arrest limited with a building where an arrest is made?

Answer 5

Search is limited to the area where the arrestee MIGHT REACH for a weapon or conceal or destroy evidence

Question 6

How is the search area of an incidental to an arrest limited outside the residence of the arrestee?

Answer 6

The search is limited to the person of the arrestee and the surrounding area into which he MIGHT REACH

Question 7

When there is no search warrant, where does the burden of showing that the accused consented to a search fall?

Answer 7

On the prosecution

Question 8

What are the 4 rules of consent to search?

Answer 8

1) Must be voluntary
2) Extent of search is limited by the exact words of the person giving consent
3) Consent may be withdrawn
4) The person giving consent must have capacity to do so

Question 9

Rule stating that if a law enforcement officer is legally in an area and sees contraband, instrumentalities of a crime, or other evidence which he has the right to seize, he may legally seize it

Answer 9

the “Plain View Doctrine”