Search Incident to Valid Arrest & Exigent Circumstances Flashcards
Basic Rule about Warrantless Searches.
Searches with Warrants?
Who carries the burden when there is no warrant?
Warrantless searches are per se unreasonable.
Searches with warrants are presumed reasonable.
The gov’t carries the burden to show an exception applies when there is no warrant.
Search Incident to Valid Arrest:
SIA Rule: Contemporaneous w/ a lawful custodial arrest, an officer may conduct a warrantless search.
Note: This happens REGARDLESS of whether the arresting officer suspects weapons, evidence, or is in fear for his safety.
Requirements for Search Incident to Valid Arrest:
- VA
- S –> IA
Requirements for Search Incident to Valid Arrest:
- Valid Arrest
- Search must be Incident to the arrest.
Elements of SIA further Explained:
Valid Arrest:
Does it have to be a full custodial arrest, or can it be a detention (to get the free search)?
Is PC required for the search in an SIA? What about for the Arrest itself?
Explain how this comes together.
Valid Arrest Explained:
–Must be a full custodial arrest; thus, Terry stop not good enough/temporary detention not good enough.
–PC is required to arrest, but PC is not required to search.
Thus, once a valid arrest is made, an office may search and seize (WITHOUT a warrant) any article found during the search whether it is non-criminal evidence or criminal evidence related to the immediate or other crime!
In essence, officer gets a “free search once arrest is made based on valid PC to arrest.
Elements of SIA further Explained:
Search Must Be INCIDENT to Arrest:
What gets searched?
Wingspan test?
Search Must Be INCIDENT to Arrest Explained:
Search of persons, pocket, any containers found therein, containers immedialty associated with him, such as a brief case or shoulder bag, that are large enough to conceal a weapon or evidence of a crime.
Search of area within arrestee’s immediate control: grabbing wingspan
Consider whether:
Arrestee is handcuffed Arrestee size and dexterity Size of space areesste is in whether containers are within reach number of officers relative to arrestee presence or possible presence of accomplices
Rationales for SIA?
- Officer Safety
2. Preservation of evidence from destruction
What are the exceptions to a warrantless search?
- EC
- SIA
Exceptions to the search warrant requirement:
- Exigent Circumstances: Warrantless search is permitted when an emergency (exigency) leaves police insufficient time to seek a warrant. EC permits, e.g., warrantless entry of private property when needed to provide urgent aid, when police are in hot pursuit, and when police fear imminent destruction of evidence.
- Search Incident to Arrest: Contemporaneous with a lawful custodial arrest, an officer may conduct a warrantless search of arrestee’s person and areas w/in the arrestee’s immediate control. Search is permitted regardless of whether the arresting officer suspects weapons, evidence, or that dangerous persons will be discovered.
SIA & Intrusions into the home:
Chimel v. California
(Facts: Arrest warrant executed inside Ted Chimel’s home. Post-arrest, search conducted of entire home w/o search warrant.)
Holding: The search is unreasonable.
Rule: Because SIA is justified only the need to find evidence D might destroy and weapons he might use, search is limited to area in which arrestee might grab such evidence or weapons.
What’s a protective sweep?
What is a protective sweep limited to?
A protective sweep allows officers to search “closets and other spaces immediately adjoining the place of arrest from which an attack could be launched” if the arrest occurs in a home.
Protective sweeps are limited to cursory visual inspection of those places and may last only as long as necessary.
SIA & Intrusions into Personal Effects.
United States v. Robinson: does SIA require a case-by-case analysis?
(Facts: D pulled over, breast pocket searched, found cigarette containing heroin).
SIA & Intrusions into personal effects.
Rule: SIA does not require a case-by-case analysis; if valid arrest, then free search.
SIA & Intrusions into Personal Effects.
Riley v. California: Does SIA exception to search warrant requirement apply to cell phones/digital data?
SIA & Intrusions into Personal Effects.
Rule: Warrant is required before the search of one’s data
Rationale:
Data itself is not a weapon; Destruction of evidence is not prevalent and can be addressed by other reasonable means.
SIA & Exigent Circumstances: Intrusions of the Body
Schmerber v. California: Is drawing blood from someone without a warrant ok under the Exigent Circumstances exception to the warrant requirement?
What’s the 4-factor test for bodily intrusion:
C.E.R.R.
(Facts: DWI blood draw from Armando Schmerber w/o warrant at hospital).
SIA & Exigent Circumstances: Intrusions of the Body
Rule: to justify intrusions into the body, these requirements must be met:
- Clear indication evidence will be found
- Exigent Circumstances
- Test must be reasonable, i.e., likely to find the evidence without significant risk, trauma, pain
- Test must be conducted in a reasonable manner, e.g., by a professional whose job it is to do these things.
Is exigency assumed in DWI cases?
Are breath tests ok?
Are SIA blood tests ok?
Rule: Exigency is not presumed; case-by-case basis.
Breath tests are okay (without warrant or exigency) because it’s not a significant intrusion; tests only reveal one piece of info; minimal embarrassment/privacy concerns.
SIA blood test are not okay (warrant/exigent circumstances required) ecuase it’s a physical intrusion and the test reveals more than one piece of evidence.
What is “incident” to arrest? Is there exigency?
US v. Chadwick: can you search a seized footlocker 1.5 hours after its seizure from the trunk of a car.
(Facts: Warrantless search of footlocker 1½ hours after its seizure from trunk of Joseph Chadwick’s car. D’s arrest at scene based on dog alert on trunk. LEAKING TALCUM POWDER!)
Holding: No: there is no exigency b/c they have it in their possession and can easily get a warrant, and therefore SIA rationales do not apply–no likelihood of destruction when police have it; no fear of weapons.
Some reasonable delay is permissible, however. See US v. Edwards (normal seizure / booking delayed until the next morning ok to use evidence found in pants once finally obtained).
Intrusions of Vehicles Incident to Arrest of Recent Occupants.
Arizona v. Gant: what is the rule for searching a vehicle incident to a valid arrest
The rule for searching a vehicle incident to a valid arrest:
Rule: Officers may search a vehicle incident to a recent occupants arrest only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search.
Rule 2: Regardless of whether the arrestee is secured and within reaching distance, a search of the vehicle’s passenger compartment (not trunk) incident to arrest is permitted when, at the time of the search, the officer has reasonable suspicion that evidence of the offense of arrest might be found in the vehicle.
