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Crim Pro > Warrant Requirements and Exceptions > Flashcards

Warrant Requirements and Exceptions Flashcards

1
Q

What are exceptions to the warrant requirement for seizures?

A
  1. Arrest
  2. Terry stops
  3. seizures of property
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2
Q

What is required for an arrest without a warrant?

A

Probable cause

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3
Q

When is a warrant required for arrest?

A

A warrant is required to arrest an individual in their own home, unless exigent circumstances exist

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4
Q

What is a warrant not required for an arrest?

A

A warrant is not required to arrest in public for a felony or a misdemeanor committed in the officer’s present, or to arrest an individual in their home if exigent circumstances exist

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5
Q

What is required for a Terry stop?

A

Reasonable suspicion that a crime is in progress or has just been committed justifies a brief investigatory seizure in the form of a Terry stop to confirm or rule out suspicion

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6
Q

What is scope of Terry stop?

A

The time required for a police officer that’s acting in due diligence to confirm or deny suspicion of criminal activity

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7
Q

How can reasonable suspicion for purposes of a Terry stop be established?

A

Reasonable suspicion may be established by:
1. police observations and eyewitness reports
2. flight from police in high crime areas
3. an informant’s tip plus police investigation that corroborates the tip

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8
Q

Is insider access required for informant’s tips for Terry stops?

A

No

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9
Q

Is warrant required for seizures of property?

A

A warrant based on probable cause is presumptively but not always required to justify seizure of property

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10
Q

When is a warrant not required for seizure of property?

A

No warrant is required if the property is in plain view

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11
Q

What are requirements for property to be considered within plain view?

A
  1. The police are in a lawful vantage point to observe the item
  2. it is immediately apparent that the item is contraband
  3. the officer has lawful access to the point of seizure
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12
Q

What are exemptions to warrant requirement for searches?

A
  1. exigent circumstances
  2. search incident to lawful arrest
  3. automobile exception
  4. consent
  5. special needs doctrine
  6. Terry search
  7. administrative searches
  8. border searches
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13
Q

What is the scope of authority granted by a search warrant?

A

A warrant gives police authoirty to search only the named places or people

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14
Q

What is scope of authority regarding seizure of contraband that may be granted by a search warrant?

A

Contraband named in the warrant can be seized

Contraband not named in the warrant can be seized if in plain view

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15
Q

What may police offers do regarding occupants they encounter during a search?

A

Officers have the right to detain occupants during the search, but they do not have the right to search them

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16
Q

Is a warrantless search valid?

A

A warrantless search is presumptively invalid unless an established exception exists

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17
Q

What is the exigent circumstances exception?

A

A warrantless search is permissible when waiting to obtain a warrant would result in the imminent destruction of evidence, escape of the accused or risk to police or others in the area

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18
Q

What is the scope of a search pursuant to the exigent circumstances exception?

A

The exigent circumstances exception justifies a warrantless search and seizure of evidence in or on a suspect’s body

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19
Q

What is required to justify an exigent circumstances exception?

A

The exigent circumstances exception is justified where police have probable cause to believe that the nature of evidence renders it easily destroyed or likely to disappear before a warrant can be obtained

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20
Q

What are the limits of an exigent circumstances search?

A

The search must be reasonable and not shock the conscious

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21
Q

What is the scope of an exigent circumstances search?

A

An exigency justifies a warrantless crime scene search to seek other victims, remaining killers or violent felons

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22
Q

What is the hot pursuit exception?

A

Police may enter and search a private dwelling while in hot pursuit of a fleeing suspect

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23
Q

What is the scope of a hot pursuit exception?

A

Police may execute a warrantless arrest of the suspect on the premises and seize any contraband observed in plain view

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24
Q

What is a search incident to a lawful arrest?

A

Upon a lawful arrest based on probable cause, police can automatically search the arrestee and the area within their immediate control, entailing their wingspan and lunging distance

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25
Q

What is required regarding the timing of a search incident to a lawful arrest?

A

The search must be contemporaneous with the arrest

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26
Q

What is the scope of a SILA if the suspect is arrested at home?

A

If the suspect is arrested at home, the search is limited to the area within lunging distance and police have no authority to search the entire house

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27
Q

When may police conduct a cursory protective sweep of a suspect’s home in a search incident to lawful arrest?

A

If police have reasonable suspicion that other people are at home and may put the police at risk , they can conduct a cursory protective sweep, but only where people could fit.

28
Q

What are limitations regarding a cursory protective sweep that’s incident to a lawful arrest?

A

Police may only look where people could fit

29
Q

Do police have authority to search a suspect’s entire house as part of a SILA?

A

No, police are limited to the area within lunging distance

30
Q

What is scope of SILA if a person is arrested in or right out of a car?

A

If a person is arrested in or right out of a car, police can automatically search the person

31
Q

What is the scope of a SITLA if police arrest a person where arrestee has genuine access to the interior of the car after arrest?

A

If the arrestee has genuine access to the interior of the car after arrest, police can search the car interior and all containers within the interior

32
Q

What is the scope of a SITLA if police arrest a person where arrestee has no genuine access to the interior of the car?

A

If the arrestee has no genuine access to the interior of the car, police can only check the car if they have a reasonable belief that evidence related to the crime of arrest may be found in the car

33
Q

What is the automobile exception to search warrants?

A

Police can search a car as long as they have probable cause

34
Q

What is reason for the automobile exception?

A

The automobile exception is justified by the inherent mobility and reduced expectation of privacy accompanying cars

35
Q

What is the scope of the automobile exception?

A

The automobile exception applies to all containers within the vehicle where the item could be found for which probable cause exists

36
Q

Does car have to be searched immediately pursuant to the automobile exception?

A

No, the police can impound the car and search it later

37
Q

What is consent exception to a warrant?

A

If the individual waives their right to privacy by consenting to the search, the search is reasonable even if the police have no suspicion

38
Q

What is requirement for consent exception to a search?

A

Consent must be voluntary as measured by totality of the circumstances

39
Q

When is consent regarding a search invalid?

A

Consent is invalid if obtained:
1. by asserting a fake warrant
2. fraudulently
3. under duress
4. pursuant to unlawful police threat

40
Q

What is impact of tainted consent on any evidence seized as result of consent exception?

A

If consent is tainted then the consent and any evidence obtained from the search are invalid

41
Q

When is a consent deemed to be tainted?

A

If consent is obtained following an unlawful seizure then it is tainted

42
Q

When may a third-party properly give consent to a search?

A

Any person who has joint control or use of the shared premises may consent to a valid search

43
Q

What is scope of third-party consent regarding admissibility of evidence seized?

A

Any evidence obtained may be used against all residents

44
Q

What is the scope of a third-party consent regarding the area to be searched?

A

Consent of a co-tenant applies to all common areas, but not to any areas where the D has exclusive control

45
Q

When is police reliance on consent reasonable?

A

Police reliance on consent is reasonable if the person has actual authority or a reasonable officer would believe the person has actual authority to consent to a search of the home

46
Q

What is effect of another party objecting to consent?

A

Police cannot rely on third-party consent when the other party is present and objecting

47
Q

What is the special needs doctrine?

A

Police can use checkpoints to conduct brief seizures or limited searches without any individualized suspicion or warrant because of a danger to public safety that cannot be addressed by complying with warrant requirements

48
Q

What must be the required purpose of a special needs search?

A

The primary purpose of the special needs search must be the need to search or seize to protect public from an immediate danger

49
Q

What is required regarding stops or seizures pursuant to the special needs doctrine?

A

The stops or seizures must be:
1. based on a fixed formula that deprives individual officers of discretion to select subjects
2. narrowly tailored in scope to address the specific threat
3. conducted in a location and manner that minimizes citizen anxiety

50
Q

What is the scope of what may be seized pursuant to the special needs doctrine?

A

Police may seize contraband that comes into plain view, even if unrelated to the public safety concern

51
Q

When may police seize contraband unrelated to a special needs doctrine search?

A

Police may seize contraband that’s located in plain view, even if unrelated to the specific public safety concern warranting the special needs search

52
Q

What is a Terry frisk?

A

Police may conduct a cursory protective search for weapons or some other instrumentality taht creates imminent danger to the officer or others in close proximity

53
Q

What is required for a Terry frisk?

A

A Terry frisk may only be justified by reasonable suspicion that a suspect is armed and dangerous

54
Q

What is the nature of a Terry frisk?

A

A Terry frisk is a protective search rather than a generalized search for evidence

55
Q

What is the scope of a Terry frisk?

A

A Terry frisk is limited to the suspect’s outer clothing to confirm or deny that the suspect is armed

56
Q

When may an item be seized pursuant to a Terry frisk?

A

If the frisk or pat down results in the officer feeling something they know immediately to be a weapon or contraband, the officer may seize it without a warrant pursuant to the plain touch

57
Q

When will an officer’s actions regarding a seizure of contraband violate the scope of a Terry frisk?

A

If the officer knows something is not a weapon and has to manipulate it to establish probable cause to seize it, the scope of the Terry frisk is exceeded and the seizure will be deemed unreasonable

58
Q

When is a Terry frisk of a car permissible?

A

If police have reasonable suspicion that the person stopped will have immediate access to a weapon after getting back in the car

59
Q

What is the permissible scope of a Terry frisk of a car?

A

A brief, cursory look in a car to ensure the person doesn’t have access to weapons

60
Q

When is a Terry frisk of a home permitted?

A

A cursory sweep of a home is permitted based on the reasonable suspicion that others may be present and endanger the officer

61
Q

What is an administrative search?

A

An administrative search is cone conducted for non-criminal purposes

62
Q

What is the standard of cause for an administrative search?

A

reasonable suspicion

63
Q

When are administrative searches typically conducted?

A

Administrative searches are typically agency compliance inspections

64
Q

What is the border exception?

A

Customs and immigration officers may stop people and vehicles at permanent checkpoints at or near border and up to 100 miles inland and conduct routine searches of people and property with no individualized suspicion

65
Q

What is considered a “border” for the purposes of the border exception?

A

Up to 100 miles inland

66
Q

What is geographic scope of border exceptipn?

A

The border exception applies to all international points of entry, including international airports, and extends 100 miles inland

67
Q

When is reasonable suspicion required pursuant to a border search?

A

Reasonable suspicion is required for:
1. a non-routine border search, including unusually intrusive searches, like body cavity searches or searches that result in permanent destructions of property
2. roving border stops on US roads

Crim Pro (11 decks)

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