Vehicle Searches Flashcards
1
Q
Types of Searches
A
- Consent
- Plain View
- Probable Cause
- Search Incident to Arrest
- Search Warrant
2
Q
The Automobile Exception
A
- “Lower expectation of privacy”
- “Inherent Exigency” due to vehicle’s
mobility - Can search if: Probable Cause / Readily
Mobile
3
Q
Consent
A
- Driver must have authorization to
consent - Consent must be voluntary
- Advisement that driver has right to refuse
4
Q
Plain View
A
- Lawfully Present / Lawful Stop
- Probable Cause it is evidence of a crime
5
Q
probable Cause
A
- Vehicle must be functional / mobile
- Probable Cause that evidence is in vehicle
6
Q
Search Incident to Arrest
A
- Arizona v. Gant (2009) changed this
exception - Only if “actual and continued threat”
remains - Reasonable Suspicion evidence related to
the crime for which suspect is being
arrested for is inside vehicle
7
Q
Inventory Search
A
- Lawful custody / tow vehicle
- Good faith rule – don’t abuse this search
- Only where valuables can be expected
- No closed containers – talk to driver
8
Q
Search Warrant
A
- The legal silver bullet
- Use in felonies / high profile cases
- If no exigent circumstances exist
9
Q
Search Tactics The big DON’T’s
A
- NEVER search without a cover officer
- NEVER search an occupied vehicle
- NEVER let occupants help with the search
- NEVER search in an unsafe location
