Searches - 4th Amendment Flashcards
Warrantless Searches - exceptions to the Warrant Requirement - LIST
- Search Incident to a Lawful Arrest SITLA
- Automobile Exception
- Special Needs Doctrine
- Consent
- 3rd Party Consent
- Hot Pursuit
- Exigent Circumstances
- Terry Search (Frisk)
- Administrative Searches
Searches Pursuant to a Warrant
confers authority to search named places or person ONLY
limited to premises described.
Contraband is lawfully seized under plain view doctrine
comes into plain view in the scope of warrant.
provides authority to search locations owned by non-suspects.
Search Incident to a Lawful Arrest
search of arrestee
area w/i his immediate control
permitted after a lawful arrest.
motive of officer is irrelevant if arrest is lawful.
Search incident to a citation is not valid
even if offense permitted officer to arrest suspect.
SITLA must be contemporaneous to arrest and may precede it slightly.
SITLA - Arrestee apprehended in a home
Scope limited to area in lunging distance of suspect.
If reasonable basis for belief for risk of ambush in the home,
a cursory protective sweep to rule out the risk is permitted.
Scope is limited to place where person can hide.
(Terry Sweep)
SITLA where D is in or has immediately exited the car.
Arizona v Gant
Police may search person of the arrestee.
arrestee has genuine access to interior of the car
scope of search extends to interior and all containers within car.
NO genuine access to the interior
search of interior is permitted only if
reasonable belief
evidence related to crime of arrest is in the car.
Automobile Exception to the Warrant Requirement
search of a self propelled conveyance is permitted
with probable cause.
Allowed because of Inherent mobility of the conveyance and reduced expectation of privacy resulting from pervasive government regulation.
applies to all containers within the vehicle
Where police have probable cause to search a container
ONCE A CONTAINER IS PLACED IN A VEHICLE.
Permissible Scope and Duration of Search
scope is dictated by probable cause permitting the search of vehicle.
Will limit what parts of the vehicle can be searched based on probable cause.
may impound and search vehicle later even if time permits getting warrant between seizure and search.
Search of Immobile vehicles
Vehicles incapable of locomotion or
parked in an area not proximate to a public road
not covered by the automobile exception and
police must obtain a warrant or some other exception.
When can probable cause arise during a vehicle stop
Can arise in any automobile stop if there is contraband in the vehicle and the situation gives rise to probable cause.
Special Needs Doctrine
checkpoints for brief seizures and/or limited searches
with no suspicion or warrant
Must be in response to public safety danger
cannot be addressed by complying with normal warrant requirements.
May NOT be used for General Crime Control or search for evidence.
Primary purpose of a special needs search or seizure
protect the public from immediate danger
not for general crime control or discovery of evidence.
Conditions for a Special Needs Doctrine to apply
- fixed formula deprives officers of discretion to select subjects.
- Narrowly tailored to address the specific threat.
- Is conducted in a location and manner to minimizes citizens anxiety.
Contraband found during a Special Needs Inspection
contraband comes into plain view even if unrelated to the public safety concern may be seized
no random stops vehicles to check license and registration. Checkpoint must be fixed and not roving.
Customs - Special Needs Doctrine
stops at permanent checkpoints at or near the border
with no suspicion or cause
are permissible as an incident of national sovereignty.
Consent Exception
exception to warrant and probable cause requirements.
must be knowing and voluntary.
voluntariness - based on the totality of the circumstances.
Police no need to inform of the right to decline consent.
