Section 4.2 Flashcards
What is the most common searches that police do?
Consent Searches
If an officer asks if they can searched something and the person who gives consent has the right to give consent the officers can search the thing. True or False
True
If the person who owns the thing that officers want to search gives permission it is not unreasonable and what amendment does not apply?
4th amendment
In order to conduct a __________ search the officer needs to give a genuine request and not pressure someone into it.
Consent
Consent search:
When a person gives consent do they have a right to limit the search?
Yes
Consent Search:
Does the person have the right to withdraw consent at any time?
Yes
IF the police are searching a bag that have been given consent to search and they see contraband and the person withdraws consent but the officer has already seen it. Does plain view apply?
Yes. He was legally searching the bag at the time he saw the contraband. He cannot search any further but he can use that as probable cause to go forward with anther kind of search.
If someone withdraws consent does the officer have to act like they did not see something that was illegal?
no
Do parents have the right to consent for a minor?
Yes
Can an employer give consent for an employee?
Yes. If it is work related stuff
Example, work related laptop. can the employer give the consent for the employee’s laptop?
Yes
Example, can the employer give the police the right to search an employee’s office.
Yes
Example, can your employer give the police permission to search your personal bag that is in your office?
No
Example, can the host give consent to search an area that someone is currently occupying on a temporary basis?
Yes
Can a spouse give permission to search for the other spouse?
Yes
Can co-owners give consent to search the restaurant?
Yes
Example, if you and your wife are both home and the police ask to teach my computer if I say no and my wife says yes. Does her yes override my no?
No
Example, if three people own a business and two give consent to search and one does not. Can they do a consent search?
No
yes cannot override a no on consent searches. True or False
True
Can a hotel employee give consent?
No
Can a landlord give consent?
No
If it is a business relationship with a landlord and an apartment being rented. Does the landlord have permission for the police to search the apartment?
No
What is needed in order to conduct a frisk?
Reasonable suspicion
Famous Supreme Court case that said it was reasonable for officers to pat someone down on the outside of their clothing to check for weapons.
Terry V. Ohio
The reason officers conduct a frisk is for what reason?
Officer safety
Police officers need reasonable suspicion which is above a hunch but below probable cause in order t conduct a Fisk. True or False
True
If they find anything through plain touch during a frisk is that an unreasonable search under the fourth amendment?
No it is reasonable
If police officers are conducting a frisk and they find a gun and arrest me and take the gun. Was this unreasonable even though they did not have probable cause or a warrant to search me?
No. All that was needed was plain touch and for reasons of officer safety they conducted the search.
What Supreme Court case did they have to rule whether it was constitutional or unconstitutional for the police to make you identify yourself?
Hiibel V. Sixth District 2004
What was the ruling in Hiibel V. Sixth District 2004?
It was constitutional for officers to make someone identify themselves.
If the state law says that you have to identify yourself during one of these Terry stops that is not a violation of your rights. True or False
True
When someone gets arrested and the police have probable cause to believe that you have committed a crime and they are arresting you can they do a warrantless each?
Yes of anything in your immediate control
What is your immediate control?
Unidentified
Anything within arms reach is considered what ?
Immediate control
As part of a search incident to arrest can you open a locked container?
No
Do you have the right to search the contents of a cell phone?
No
Prior to 2014 as part of the search incident to arrest police could search the contents of your cell phone that they found on your during the arrest. What changed this ?
Riley V. California 2014
Officers can confiscate your phone and apply for a warrant to search it but they cannot just search it under the justification of the search incident to arrest. True or False
True
If the police confiscate your phone and a text message pops up while they are holding it is it considered plain view?
Yes
Cars there is a case that says if the police have probable cause to arrest the driver of the car that usually gives them the right to search the passenger compartment of the car. What case?
New York V Belton 1981
If you do not have to worry about the destruction of evidence the search incident to arrest does not apply. True or False
True
In what case did they have the guy arrested and at the back of the car for driving without a license and then proceed to check the passenger compartment.
Arizona v. Gant 2009
If you are not worried about officer safety and you have time to get a warrant. The search incident to arrest does not apply in most cases. True or False
True
emergency is referred to as what
exigent circumstances
No time for a warrant because someone is in imminent danger, medical emergency, destruction of evidence is happening. There are emergencies and are considered what?
exigent circumstances
If an officer arrives and hears someone screaming “he is going to kill me” the police do not have to wait for a warrant because the person was believed to be in imminent danger if?
the a reasonable person would believe that an actual imminent danger or medical emergency was occurring
Three uses for exigent circumstances
1.
2.
3.
- imminent danger
- medical emergency
- destruction of evidence
