Searches Incident to Lawful Arrest

Question 2

Chimel v. California (1969)

Answer 2

warrantless searches incident to a lawful arrest can only cover the area in possession or control of the person being arrested

Question 3

Terry v. Ohio (1968)

Answer 3

police must, whenever practicable, obtain advance judicial approval of search and seizure through warrant procedure and the search must be strictly tied to and justified by the circumstances which rendered its initiation permissible.

Question 4

Maryland v. Buie

Answer 4

exapnds the lawful scope of warrantless search incident to an arrest in a home

Question 5

United States v. Robinson (1973)

Answer 5

In order to justify the warrantless search of a person incident to a lawful custodial arrest, an arresting officer doesn’t need probable cause to believe that the arrestee has a weapon or criminal evidence on his person.

Question 6

Is the right to conduct the a warrantless search incident to a lawful arrest automatic?

United States v. Robinson (1973)

Answer 6

Yes, if the custodial arrest is based on probable casue, no more is needed.

Question 7

Illinois v. Lafayette (1983)

Answer 7

To be valid, the inventory search must follow procedures standardized in that jurisdiction.

Question 8

To determine whether to exempt a given type of search from the warrant requirement, what do you weigh?

Riley v. California (2014)

Answer 8

• the degree to which it intrudes upon an individual’s privacy
• the degree to which it’s needed to promote legitimate government interests

Question 9

Can police search a cell phone if it’s unlocked at the time they seize it?

Riley v. California (2014)

Answer 9

Yes. If the phone is unlocked, it can be searched without a warrant. If a phone is locked, a warrant is needed.

Question 10

Can officers prevent a phone from locking in order to search it without a warrant?

Riley v. California (2014)

Answer 10

Yes

Question 11

Can an officer give a breath test incident to a lawful arrest without a warrant?

Birchfield v. North Dakota (2016)

Answer 11

Yes, warrantless breath tests incident to lawful arrest are constitutional because they involve minimal intrusion into the individual’s privacy.

Question 12

Can police give a warrantless blood test as incident to a lawful arrest?

Birchfield v. North Dakota (2016)

Answer 12

No, blood tests are not justifiable as incident to lawful arrest because they involve a physical intrustion into the person. A warrant is needed.

Question 13

Can police do a warrantless search of a vehicle incident to a citation and not an arrest?

Knowles v. Iowa (1998)

Answer 13

No.

Question 14

Atwater v. City of Largo Vista (2001)

Answer 14

Arresting a person for a fine-only offense isn’t an unconstitutional seizure.

Question 15

Virginia v. Moore (2008)

Answer 15

A custodial arrest based on probable cause, although in violation of state law, is a lawful arrest for purposes of the 4th Amendment analysis.

Question 16

Can an officer conduct a search incident to lawful arrest if the arrest made is prohibited by state law?

Virginia v. Moore (2008)

Answer 16

Yes.

Question 17

Thornton v. U.S. (2004)

Answer 17

The Belton rule applies so long as an arrestee is a recent occupant of the vehicle.

Belton rule is articulated in Arizona v. Gant (2009)

Question 18

Arizona v. Gant (2009)

Answer 18

Police may search a vehicle after a recent occupant’s arrest only if the arrestee is:
* unrestrainted; and
* within reaching distance of the passenger compartment at the time of the search; or
* it is reasonable to believe that evidence relevant to the crime of the arrest is located in the vehicle

Question 19

Whren v. United States (1996)

Answer 19

Except in inventory searches and administrative inspections, when probable cause of illegal conduct exists, an officer’s true motive for searching or detaining a person doesn’t negate the constitutionality of a search and seizure.