valid warrantless searches

Question 1

search incident to lawful arrest requirements

Answer 1

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

Question 2

plain view searches

Answer 2

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/contraband is immediately apparent
3) police have probable cause to believe that plainly viewed evidence is contraband or relates to a crime

Question 3

scope of plain view searches

Answer 3

includes anything viewable from land or public property, even if only viewable through binoculars; plain smell included

Question 4

requirements for valid consent to search

Answer 4

1) voluntarily and intelligently made
2) person giving consent has authority to consent

Question 5

automobile search exception

Answer 5

if probable cause exists, police may search an entire vehicle (incl. trunk) and containers/compartments inside that may contain the evidence they are searching for

Question 6

automobile search exception requirements

Answer 6

1) probable cause to search vehicle
2) probable cause must arise before search begins

Question 7

stop and frisk

Answer 7

police may detain a person for an investigative purpose if they have reasonable suspicion of criminal activity (often called Terry stop)

Question 8

scope of stop and frisk

Answer 8

1) detention must be no longer than necessary to verify suspicion
2) if police have reasonable suspicion the person is armed or dangerous, they may frisk for weapons

Question 9

examples of exigent circumstances for valid warrantless search

Answer 9

hot pursuit, evanescent evidence, emergencies