Valid Warrantless Searches Flashcards

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1
Q

Search Incident to Lawful Arrest - General

A

Police may search a lawfully arrested person and his immediate surrounding area without a warrant

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2
Q

Search Incident to Lawful Arrest - Requirement (3)

A

1) Arrest must be lawful

2) Search must be contemporaneous with the arrest

3) Search must be limited to area within suspect’s reach or movement (i.e. where he could obtain weapons or destroy evidence)

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3
Q

Search Incident to Lawful Arrest - Protective Sweeps

A

Police may sweep an area for officer safety or with reasonable belief that accomplices may be present

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4
Q

Search Incident to Lawful Arrest - Inventory Search

A

Police may search arrestee’s belongings or seized property when jailing an arrested suspect

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5
Q

Search Incident to Lawful Arrest - Automobiles (2 Requirements)

A

After arresting occupant, police may search the vehicle’s interior, including glove box, if at the time of the search:

1) Arrestee is unsecured and may access the vehicle interior, or

2) They reasonably believe evidence of the crime for which the arrest was made may be found in vehicle

  • cant search trunk without probable cause or consent

Breathalyzer ok for DUI

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6
Q

Search Incident to Lawful Arrest - Limitation on Cell Phones

A

Police may not search digital information on a phone seized during an arrest without a warrant

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7
Q

Plain View Searches - General

A

Police may search from any place where they are legitimately present when viewing (i.e. when conducting the search)

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8
Q

Plain View Searches - Requirements without a Warrant

A

Police may seize evidence in plain view without a warrant if:

1) Police are legitimately on the premises from which they viewed the evidence to be seized

2) Criminal activity or contraband is immediately apparent; and

3) Police have probable cause to believe that plainly viewed evidence is contraband or relates to a crime

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9
Q

Plain View Searches - Scope of Plain View Searches

A

Includes anything viewable from land or public property, even if only viewable through binoculars

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10
Q

Plain View Searches - Plain Smell

A

Included within plain view

If a smell gives rise to probable cause from a place of legitimate police presence, they can search that item

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11
Q

Plain View Searches - Limitations

A

Police cannot use technology not generally available to the public to view evidence that may constitute a plain-view search (e.g. infrared scanners that can view through walls)

Note: use of drones for plain view searches is unsettled law and unlikely to appear on the MBE

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12
Q

Consent to Search - General

A

With valid consent, police may search anything

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13
Q

Requirement for Valid Consent (2)

A

1) Voluntarily and intelligently made
- Police cannot falsely claim legal cause to search
- Police have no obligation to inform suspects that they have a right to refuse consent

2) Person giving consent has authority to consent
- authority must be reasonably apparent

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14
Q

Consent to Search - Scope of Consent

A

Can be limited by consenting party

Violation of scope renders the entire search non-consenting

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15
Q

Consent to Search - 3rd Party Consent

A

Allowed if there is authority to consent:

Where multiple people have property rights, any single one can consent to the search of any area where they have authority to consent

A resident’s right to consent trumps a non-resident (e.g. if both a tenant and landlord are present, tenant’s refusal trumps)

Scope of consent is dictated by the person present with highest authority to consent

Refusal trumps consent: no consent if 2 persons with equal right to possession disagree on consent

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16
Q

Automobile Search Exception - General

A

If probable cause exists, police may search an entire vehicle (including the trunk) and containers or compartments inside that may contain the evidence they are searching for

17
Q

Automobile Search Exception - Requirements

A

1) Police must have probable cause to search the vehicle: and

2) Probable cause must arise before the search begins

18
Q

Automobile Search Exception - Scope of Permissible Search

A

Police can search entire vehicle and all containers within the vehicle that might contain the object for which they are searching (e.g. police may open packages or luggage that might contain evidence relating to the reason they searched the vehicle)

  • Police may search passengers and their belongings
19
Q

Stop and Frisk - General

A

Police may detain a person for an investigative purpose if they have reasonable suspicion of criminal activity

20
Q

Stop and Frisk - Allowable scope of S & F (Length and Frisk)

A

Length: detention must be no longer than necessary to verify the suspicion

Frisk: If police have reasonable suspicion the person is armed or dangerous, they may frisj for weapons

  • Plain Feel: if police have reasonable belief during the frisk that what they feel is a weapon or contraband, they may seize the suspected item
  • Officers cannot manipulate the item to develop reasonable belief; must be plain touch only
  • Evidence validly seized is admissible
21
Q

Stop and Frisk - Stop v. Arrest

A

A stop is a brief detention, less than an arrest

  • but police may develop probable cause to arrest based on anything occurring or discovered during the stop and/or frisk
22
Q

Exigent Circumstances

A

If exigent circumstances exist, police can search or seize evidence without a warrant

  • Hot pursuit, evanescent evidence, and emergencies are forms of EC

_ Plain view search can arise from any of the above warrantless searches

23
Q

Hot Pursuit

A

While actively pursuing a fleeing felon, police can search for anything relating to the pursuit or can search for their own protection

  • Permissible scope is as broad as reasonably necessary to prevent suspect from escaping or resisting
  • police can enter into a private dwelling after attempting an arrest in a public place if they have probable cause
24
Q

Evanescent Evidence

A

Police can search or seize evidence that could disappear if police were required to secure a warrant

  • e.g. drugs that may be discarded, DNA evidence that may not last
  • Reasonableness judged by totality of the circumstances
25
Q

Emergency

A

Warrantless searches are justified for emergencies that threaten health or safety if not immediately acted upon

  • e.g. police see someone injured or threatened with injury, bomb threats, need to find source of a food or drug contamination
  • Whether an emergency exists is viewed objectively
25
Q

Emergency

A

Warrantless searches are justified for emergencies that threaten health or safety if not immediately acted upon

  • e.g. police see someone injured or threatened with injury, bomb threats, need to find source of a food or drug contamination
  • Whether an emergency exists is viewed objectively