Search Warrants

Question 1

Execution of Search Warrants

Answer 1

Police must knock, announce presence, purpose, and authority + give occupant opportunity to peacefully surrender the premises

Suppression can be ordered where knock & announce is violated

Question 2

Search Warrant Exceptions

Answer 2

1. Automobile Exception
2. Plain View
3. Search Incident to Arrest
4. Consent

Question 3

Automobile Exception

Answer 3

A police officer may search an automobile without a warrant only where there is both

1. Probable cause; and
2. An exigency (a reason why they couldn’t go get a warrant)

Question 4

Plain View Doctrine

Answer 4

Elements:

1. Police must be lawfully in place at the time of the observation;
2. It is immediately apparent that the item is evidence or contraband; and
3. Police had a lawful right to access the item immediately

Question 5

Search Incident to Arrest (Automobile)

Answer 5

Police may search a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the ∆ might access the vehicle at the time of the search or that the vehicile contains evidence of the offense of arrest

Question 6

Consent

Answer 6

If officer reasonably believes that the person who gave the consent has the authority to consent but turns out they don’t, the search is still good

Question 7

Auto Stop Cases & Consent

Answer 7

If consent is given during mere encounter = consent is valid

If consent is given while the traffic stop is being improperly extended by questioning or other tactics that convey to the driver that he is not free to leave = consent is invalid