Searches 3

Question 1

When can a warrantless search be conducted?

Answer 1

1. Consent searches
2. Search incident to arrest
3. Certain vehicle searches
4. Emergency searches
5. Supervisory searches
6. Search of student by school official

Question 2

What are the voluntariness requirements for a valid search?

Answer 2

Whether or not consent is voluntary; determined by several factors . Ex time of day, number of officers present, manner of request, display of weapons, physical or mental condition of consented, etc.

Question 3

What are the “person in lawful possession” requirements for a valid consent search?

Answer 3

Only lawful owner can give consent to search

Question 4

What are 3 ways a search can be conducted?

Answer 4

1. Incident to a lawful custodial arrest
2. Consent
3. Search warrant

Question 5

What are the threshold requirements of A search incident to arrest?

Answer 5

1. Must be a lawful arrest
2. Search made at time and place of the arrest

Question 6

What is the scope of a search incident to arrest?

Answer 6

Search of the arrestee and area within his/her immediate control at time of arrest

Question 7

What is the intensity of a search incident to arrest?

Answer 7

As thorough as necessary to protect officers, preserve evidence, and prevent escape(search warrant needed for body cavity search)

Question 8

How much force can be used in a search incident to arrest?

Answer 8

Force must be reasonable

Question 9

What is a protective sweep?

Answer 9

Brief inspection of only places within premises which could conceal a person; can seize evidence in plain view

Question 10

What are the threshold requirements for emergency searches?

Question 11

What is expectation of privacy with vehicles? How does probable cause impact that expectation?

Question 12

When is a warrantless search of a student on school premises by school authorities justified?

Question 13

What are two reasons a supervisory search is generally held to be reasonable?

Question 14

New York v. Class