Warrant Requirement Exceptions

Question 1

What are the warrant exceptions?

Answer 1

• Search incident to lawful arrest
• automobile exception
• plain view
• consent
• Terry
• Special needs searches
• Exigent circumstances

Question 2

What are the exigent circumstances?

Answer 2

• Hot pursuit
• threat of violence
• futility of knock and announce
• destruction of evidence

Question 3

Warden v. Hayden

Threat of violence

Answer 3

4th Amendment doesn’t require officers to delay in the course of the investigation if to do so would gravely endanger their lives or others

Question 4

Kentucky v. King (2011)

Answer 4

The exigent circumstances exception applies unless the polic create the exigency by engaging or threatening to engage in conduct that violates the 4th Amendment.

exigent circumstance exception

Question 5

Welsh v. Wisconsin (1984)

exigent circumstance exception

Answer 5

Warrantless entry for the purposes of immediately testing for blood alcohol content for minor offenses in unlawful.

Question 6

Stanton v. Sims (2013)

Answer 6

A warrant is usually required for entry into a home; hot pursuit is a warrant exception

Question 7

Lange v. California (2021)

Answer 7

Hot pursuit of a fleeing misdemeanor suspect doesn’t automatically qualify as an exigent circumsance; when an officer has time to get a warrant, he must.

Question 8

Bringham City v. Stuart (2006)

Answer 8

The need to assist persons who are seriously injured or threated with serious injury is an exigent circumstance

Question 9

Can police enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from immindent injury?

Bringham City v. Stuart (2006)

Answer 9

Yes

Question 10

Caniglia v. Strom (2021)

Answer 10

The role of police includes preventing violence and restoring order, not simply rendering first aid to casualties.

Question 11

Schmerber v. California (1966)

Answer 11

Although warrants are usually required where the intrusion of the human body are concerned, circumstances concerning the delay in the investigation and degredation of evidence may justify a warrantless search.

Question 12

Missouri v. McNeely (2013)

Answer 12

The natural dissipation of alcohol in the bloodstream may support a finding of exigency in a specific case, but not categorically.

Question 13

Mitchell v. Wisconsin (2019)

Answer 13

When police have probable casue to believe a person has committed a drunk driving offense and the driver’s unconsciousness or stupor requires them to be taken to the hospital before police have a reasonable opportunity to administer a standard evidentiary breat test, they may almost always order a warrantless blood test to measure the driver’s B.A.C. without violating the 4th Amendment.

Question 14

Richards v. Wisconsin (1997)

Answer 14

To justify a no-knock entry, police must have reasonable suspicion to believe that knock and announce would be dangerous, futile, and inhibit investigation of the crime.

Question 15

United States v. Banks

Answer 15

15-20 seconds is enough where theere is exignecy after officers knock and announce

Question 16

Illinois v. McArthur (2001)

Answer 16

anticipatory detention is justified only when police have probable cause to search

Question 17

Maryland v. Garrison

Answer 17

reasonable mistakes when executing a warrant can be forgiven, but officers must limit the search once the mistake is realized

Question 18

Ybarra v. Illinois (1979)

Answer 18

searches outside the terms of a warrant need to be justified independently; mere proximity to criminals isn’t probable cause

Question 19

Michigan v. Summers (1981)

Answer 19

short-term detention of occupants during warrant execution is permitted automatically

Question 20

South Dakota v. Opperman (1976)

Answer 20

probable cause and warrant requirements don’t apply to inventory searches so long as police follow standard procedures

Question 21

Florida v. Wells (1990)

Answer 21

Police aren’t allowed to open locked suitcases discovered during an investory search