Valid Warrantless Searches

Question 1

Consent

Answer 1

A police officer may conduct a valid warrantless search if he has voluntary and intelligent consent

Question 2

Consent/May(2)

Answer 2

Any person with a right to use or occupy the property may consent.

Question 3

Consent/Scope

Answer 3

The scope of the search is limited by the scope of the consent.

Question 4

Plain View

Answer 4

A police officer may conduct a valid warrantless search when he is validly on the premises; discovers the item in plain view; and has probable cause to believe the item is criminal evidence

Question 5

Search Incident to Lawful Arrest

Answer 5

A police officer may conduct a valid warrantless search of a person and his wingspan, which is incident to arrest.

Question 6

Search Incident to Lawful Arrest/Wingspan

Answer 6

Wingspan is the area a person may reach to obtain or destroy evidence. It also includes the passenger compartment of a vehicle.

Question 7

Search Incident to Lawful Arrest/Must(1)

Answer 7

A search incident to arrest must be contemporaneous in time and place.

Question 8

Stop & Frisk

Answer 8

A police officer may briefly (no longer than necessary) detain a person for investigative purposes but reasonable suspicion is required.

Question 9

Stop & Frisk/Reasonable Suspicion

Answer 9

Reasonable suspicion is more than a vague suspicion, and it may come from personal knowledge or based on a flyer, police bulletin, or informant tip.

Question 10

Stop & Frisk/Informant Tip

Answer 10

When reasonable suspicion comes from an informant tip, the tip must be accompanied by predictive reliable information to justify the suspicion.

Question 11

Stop & Frisk/Frisk

Answer 11

A police officer may conduct a protective frisk if he reasonably believes the person is armed & dangerous. A frisk is limited to a pat down of outer clothing, as well as reaching into the clothing if have specific information that weapon may be found.