Warrant Requirements and Exceptions

Question 1

What is the knock and announce rule?

Answer 1

When LE have a warrant which justifies entering a home, generally required to knock on the door and announce their purpose before intruding.

(HOWEVER, as a per se rule, evidence is not excluded due to failure to perform knock and announce)

Question 2

What are the reasons for the knock and announce rule?

Answer 2

1.) Officer Safety (avoid startling the home owner)

2.) Privacy

3.) Avoid needless destruction of property

Question 3

Reasons against the knock and announce rule?

Answer 3

1.) Officer Safety (allows criminals to prepare)

2.) Destruction of evidence

3.) Chance for suspects to flee

Question 4

What is the test for applying the knock and announce rule?

Answer 4

Knock and announce is not required where LE has a reasonable suspicion that doing so under the particular circumstances would be dangerous, futile, or inhibit effective investigation of the crime.

Question 5

Is on-scene detention of individuals permissible where LE lacks probable cause for any specific crime?

Answer 5

Yes. When executing a warrant LE are permitted to detain people on the scene without probable cause for the duration of the search and seizure. Intended to facilitate entry and officer safety and prevent flight when incriminating evidence is found.

Detention is less intrusive than an arrest, BUT can become an arrest should LE gain probable cause throughout the course of the search.

Question 6

Is on-scene detention justifiable where an individual leaves the scene before LE begin their search.

Answer 6

No. If someone leaves the premises, even just before the police arrive, they are no longer within the scope of permitting on-scene detention.

Question 7

When can LE make an arrest without a warrant?

Answer 7

When they have probable cause to believe that the suspect has committed a FELONY

Question 8

If LE has probable cause to believe that a suspect is committing a felony, may they enter the suspect’s home to perform a warrantless arrest?

Answer 8

No. Absent exigent circumstances (Public safety, hot pursuit, destruction of evidence) LE cannot perform a warrantless arrest in the home of a suspect.

Question 9

What are the six exceptions allowing for warrantless searches and seizures?

Answer 9

1.) Consent

2.) Plain view (PC)

3.) Search incident to arrest

4.) Conley Automobile Exception (PC)

5.) Terry Stop and Frisk (RS)

6.) Exigent circumstances (Bonus: Name the 3 exigent circumstances)

Question 10

What is the consent exception?

Answer 10

A warrant is not required for a search or seizure where an individual who believed by the officer to gives consent, authorizes consent.

Question 11

What is the test for consent?

Answer 11

Whether consent has been freely given or coerced under the totality of the circumstances.

Question 12

Under OR law, can a suspect consent to a search during a traffic stop?

Answer 12

No. Not unless there reasonable suspicion for a crime.

Question 13

What are the limitations of consent?

Answer 13

Scope: LE is required to stay within the permitted scope of grant of consent

Revoked: If suspect revoked consent after grant, LE must stop

Third party: Searching officer must have a reasonable belief (even if mistaken) that the third party

Question 14

What is search incident to arrest?

Answer 14

To protect officer safety, if someone is lawfully arresting a suspect the police may search their PERSON and the surrounding area within their WINGSPAN

Question 15

What are the limitations to search incident to arrest?

Answer 15

1.) Scope - Protective search must be limited to the body of the person and the area within their control

2.) protective sweep - limited search of the vicinity is permitted to ensure their protection and protection of those on the scene (limited protective sweep of the vicinity)

3.) Automobile - can only search automobile incident to arrest if suspect could have accessed the car at the time arrest

4.) Cell phone - can seize phone incident to arrest, cannot search its content (have to get a separate warrant)

Question 16

What is the two-step analysis for the plain view exception?

Answer 16

1.) Is the officer legally situated (are they executing a warrant, out in the public, or do exigent circumstances exist)

2.) Does the officer have probable cause to believe that the item is evidence of criminal activity (must be IMMEDIATELY OBVIOUS, LE can’t investigate the object further in order to determine whether or not it is actually evidence of a crime)

Question 17

What is the rule for the Carrol automobile exception?

Answer 17

The officer must have probable cause to believe that the car contains evidence, instrumentalities, or the fruit of a crime.

Question 18

When does the Carrol automobile exception NOT apply

Answer 18

Because the justification for the exception is cars being highly mobile and capable of carrying away evidence

Automobile exception does not apply where the vehicle is NOT CAPABLE of moving (and can’t immediately be put in a state where it could move)

(ex: Can’t if car is on blocks, car is missing engine, etc./ Can if car is simply out of gas, or suspect cannot presently access the vehicle due to being in custody)

Question 19

Does the Carrol automobile exception exist in Oregon?

Answer 19

No.

Question 20

What is the test for Terry stop and Frisk?

Answer 20

The LE has reasonable suspicion (reasonable basis to believe) that the suspect is engaged in criminal activity, and is ARMED

Question 21

What are some of the factors used to determine whether criminal activity is occurring?

Answer 21

1.) Location of the suspect

2.) The presence of any actual criminal activity

3.) The time

4.) Whether that suspect has a previous criminal record

5.) The suspect attempts to evade LE

6.) The suspect refuses to cooperate

7.) The suspect appears nervous

8.) LE professional experience

Question 22

What is the plain feel doctrine?

Answer 22

Extension to the scope of Terry, when executing a lawful search LE may seize objects reasonably believed to be other contraband within their “plain feel”

Ex: when executing a lawful search LE feels what appears to be a small baggie,

Question 23

Can you extend a traffic stop to allow for a K9 unit to arrive and conduct a search?

Answer 23

Not unless there is reasonable suspicion for a different crime

Ex: perform stop and during stop LE gains SEPARATE reasonable suspicion that the car is carrying drugs

Question 24

What are the three exigent circumstances?

Answer 24

1.) Hot pursuit – officer is freshly chasing a suspect, and they may flee jurisdiction (applies even where the suspect enters an area where the LE would otherwise NOT be legally situated (for plain view))

2.) Destruction of evidence – A failure to act will result in critical evidence being destroyed

3.) Public safety – Police believe that the public may be in danger