Searches, Warrants, and Arrests

Question 1

Exceptions to Warrant Requirement

Answer 1

(1) Consent
(2) plain view
(3) automobile exception
(4) search incident to lawful arrest
(5) an exigent circumstance

Question 2

Consent Exception

Answer 2

Was the person free to agree to the search? Was it a knowing, valid, and intelligent giving of consent by someone with authority to consent?

Question 3

Automobile Exception

Answer 3

A warrant is not required if there is probable cause there are seizable items or contraband in the automobile. Police may search anywhere in the car that may contain contraband.

Question 4

Lawful Arrest

Answer 4

First, see if there was a lawful arrest, which requires a warrant unless:

(1) the officers sees the defendant committing a felony or has probable cause that defendant is committing or has committed a felony, or
(2) sees the defendant committing a misdemeanor

Question 5

Search Incident to Lawful Arrest Exception

Answer 5

Can be made if it takes place in connection with the arrest, immediately thereafter, and the area searched is within the wingspan of the arrestee.

Not permitted once the suspect is secured and cannot access the interior of the vehicle unless it is reasonable to believe evidence of the offenses might be found in the vehicle.