VI.(C) 4th Amendment - Warrants & Exceptions Flashcards
What is the rule regarding warrants?
4th Amendment is SATISFIED when there is a VALID WARRAT and DOES NOT APPLY if there is an exception to the WARANT REQUIREMENT.
What are the elements of a valid warrant?
(1) Issued by NEUTRAL & DETACHED magistrate, (2) based on PROBABLE CUASE - meaning a REASONABLE PERSON would believe INCRIMINATING EVIDENCE will be found (look at totality of circumstances) and (3) DESCRIBE the place, person or things subject to the search - beyond that SCOPE/AUTHORITY is 4th amendment violation. Warrants can go stale.
What are the exceptions to the warrant requirement? (there are eight)
(1) Consent
(2) Plain View
(3) Evanescent Evidence
(4) Stop & Frisk
(5) Hot Pursuit
(6) Auto-Stops
(7) Arrest
(8) Special Needs
Describe the “consent” exception
(1) can be given by any OCCUPANT that is PHYSICALLY PRESENT (if multiple, all must consent), (2) VOLUNTARY and INTELIGENT & (3) then LIMITED to SCOPE
PROMPT: What are the police rules? (1) Must REASONABLY BELIEVE person consenting has authority (okay if turns out to be invalid) - but landlords/hotel managers don’t have authority, (2) no need to inform of right to refuse, but cannot be any duress / coercion / FALSE CLAIM of WARRANT.
PROMPT: What if co-occupant/accused wasn’t there? Doesn’t matter, don’t need to be physically present.
Describe “plain view” exception
(1) LAWFUL police presence (e.g. valid warrant, in public, etc.) and RIGHT TO ACCESS (e.g. see through window, can’t go inside without warrant), (2) PLAIN VIEW, (3) INCRIMINATING character IMMEDIATELY APPARENT
Describe the “hot pursuit” exception
Following FLEAING FELON, can follow into PRIVATE DWELLING, can seize contraband in PLAIN VIEW, scope as BROAD as REASONABLE to PREVENT ESCAPE from capture.
Describe the “automobile” exception
Requires PROBABLE CAUSE that VEHICLE CONTAINS EVIDENCE OF CRIME OR CONTRABAND. Can search ENTIRE VEHICLE (CLOSED CONTAINERS and TRUNK), PASSANGER’s BELONGINGS but only if they COULD CONTAIN.
E.g. can’t search cigarette box for a gun.
Describe the “arrest” exception
Lawful arrest FIRST, then can search (1) PERSON, (2) AREA in IMEDIATE CONTROL or “WINGSPAN,” and (3) PROTECTIVE SWEEP of IMMEDIATELY ADJACENT AREAS.
Must have REASONABLE SUSPICION - SPECIFIC and ARTICULABLE FACTS - that others posing danger are there. Then CURSERY INSPECTION in HIDING PLACES permitted.
If you have a lawful arrest, what are the rules for DNA samples and cell phones found?
COMMITTED or ATTEMPTED SERIOUS (violent) crime –> DNA mouth swap OK.
Need a warrant to search a cell phone.
If you have a lawful arrest, what are the rules for DNA samples and cell phones found?
COMMITTED or ATTEMPTED SERIOUS (violent) crime –> DNA mouth swap OK.
Need a warrant to search a cell phone.
Describe the “evanescent evidence” exception
No time for a warrant, evidence would DISSAPEAR (e.g., blood alcohol level).
BODILY INTRUSIONS must be REASONABLE (means not too intrusive, painful, dangerous).
Describe the arrest exception if they are a recent occupant of a vehicle?
Must be CUSDODIAL arrest (e.g., not a traffic stop).
If they are UNSECURED and there is REASONABLE BELIEF that evidence of the offense/arrest is inside, can search INTERIOR COMPARTMENT and CLOSED CONTAINERS but NOT the trunk.
If they are SECURED (i.e., in back of police car) can’t search places they don’t have access too.
BEFORE INCARSERATION can search PERSONAL BELONGINGS.
